In 1836, the lessee of the defendants in error instituted an action of ejectment against the plaintiffs in error, in the Circuit Court of the United States for the District of Ohio, for a tract of land lying between the Little Miami and Sciota rivers, in that part of the state of Ohio known as the Virginia Military District, being on a survey [39 U.S. 322, 323] under a part of a military land warrant for one thousand acres. The cause was tried at July term, 1838, and a verdict and judgment were entered for the plaintiffs in the action, the defendant in error.
The treaty of 1783 does not affect the right of the state; for, though it provides, generally, in the 4th article, that creditors, on either side, shall meet with no lawful impediment, in recovering their debts, this ought to be understood merely as a provision that the war, abstractedly considered, shall make no difference in the remedy, for the recovery of subsisting debts; that the remedy shall not be perplexed by instalment laws, pine-barren laws, bull laws, paper money laws, &c; but it does not decide, what are subsisting debts, which can only, indeed, be decided on the general principle of the law of nations.
The system known as Trial by Jury, may, at its best, be safely put at the head of all the Judicial systems, upto now known in the civilized world. It is a system, which, can hardly be said, to do any harm, for, Trial by Jury, means nothing but Justice in its purest and simplest form. Yet, so unfavourable indeed, is the opinion of some, with respect to the system, that they are inclined to proscribe the whole, for the defects of a part, to reject much that is sound, on account of the little that is unsound, by one sweeping and indiscriminate condemnation.