The Online Library of Liberty

A project of Liberty Fund, Inc.

• Collector’s Acknowledgments
• Collector’s Foreword
• Introduction the Reputation of James Wilson
• The Text
• Part I: Political Papers, Speeches, and Judicial Opinions of James Wilson
• Considerations On the Nature and Extent of the Legislative Authority of the British Parliament, 1774.
• Speech Delivered In the Convention For the Province of Pennsylvania, Held At Philadelphia, In January, 1775.
• An Address to the Inhabitants of the Colonies (1776). *
• An Address to the Inhabitants of the Colonies Submitted to the Continental Congress.
• Considerations On the Bank of North America 1785. A
• Remarks of James Wilson In the Federal Convention, 1787.
• James Wilson’s State House Yard Speech October 6, 1787. *
• Remarks of James Wilson In the Pennsylvania Convention to Ratify the Constitution of the United States, 1787.
• Oration Delivered On the Fourth of July 1788, At the Procession Formed At Philadelphia to Celebrate the Adoption of the Constitution of the United States.
• Speech On Choosing the Members of the Senate By Electors; Delivered, On the 31st December, 1789, In the Convention of Pennsylvania, Assembled For the Purpose of Reviewing, Altering, and Amending the Constitution of the State. a
• Speech Delivered, On 19th January, 1790, In the Convention of Pennsylvania, Assembled For the Purpose of Reviewing, Altering, and Amending the Constitution of the State.
• A Charge Delivered to the Grand Jury In the Circuit Court of the United States, For the District of Virginia, In May, 1791.
• Hayburn’s Case, 2 U.s. 409 (1792), 411–414.
• James Wilson’s Opinion In Chisholm V. State of Ga., 2 U.s. 419 (1793), 453–466.
• Henfield’s Case Case No. 6,360 Circuit Court, D. Pennsylvania 11 F. Cas. 1099 (1793).
• James Wilson’s Opinion In Ware V. Hylton, 3 U.s. 199 (1796), 281
• “on the Improvement and Settlement of Lands In the United States,” Mid-1790s.
• On the History of Property.
• Part 2: Lectures On Law
• Bibliographical Essay History of James Wilson’s Law Lectures
• District of Pennsylvania:—to Wit.
• Preface
• Lectures On Law,: Part I
• Chapter I.: Introductory Lecture. of the Study of the Law In the United States.
• Chapter II.: Of the General Principles of Law and Obligation.
• Chapter III.: Of the Law of Nature.
• Chapter IV.: Of the Law of Nations.
• Chapter V.: Of Municipal Law.
• Chapter VI.: Of Man, As an Individual.
• Chapter VII.: Of Man, As a Member of Society.
• Chapter VIII.: Of Man, As a Member of a Confederation.
• Chapter IX.: Of Man, As a Member of the Great Commonwealth of Nations.
• Chapter X.: Of Government.
• Chapter XI.: Comparison of the Constitution of the United States, With That of Great Britain.

James Wilson’s Opinion in Ware v. Hylton, 3 U.S. 199 (1796), 281

Wilson, Justice. I shall be concise in delivering my opinion, as it depends on a few plain principles. If Virginia had a power to pass the law of October 1777, she must be equally empowered to pass a similar law in any future war; for, the powers of Congress were, in fact, abridged by the articles of confederation; and in relation to the present Constitution, she still retains her sovereignty and independence as a State, except in the instances of express delegation to the Federal Government. There are two points involved in the discussion of this power of confiscation: The first arising from the rule prescribed by the law of nations; and the second arising from the construction of the treaty of peace. When the United States declared their independence, they were bound to receive the law of nations, in its modern state of purity and refinement. By every nation, whatever is its form of government, the confiscation of debts has long been considered disreputable: and, we know, that not a single confiscation of that kind stained the code of any of the European powers, who were engaged in the war, which our revolution produced. Nor did any authority for the confiscation of debts proceed from Congress (that body, which clearly possessed the right of confiscation, as an incident of the powers of war and peace) and, therefore, in no instance can the act of confiscation be considered as an act of the nation. But even if Virginia had the power to confiscate, the treaty annuls the confiscation. The fourth article is well expressed to meet the very case: it is not confined to debts existing at the time of making the treaty; but is extended to debts heretofore contracted. It is impossible by any glossary, or argument, to make the words more perspicuous, more conclusive, than by a bare recital. Independent, therefore, of the Constitution of the United States, (which authoritatively inculcates the obligation of contracts) the treaty is sufficient to remove every impediment founded on the law of Virginia. The State made the law; the State was a party to the making of the treaty: a law does nothing more than express the will of a nation; and a treaty does the same. Under this general view of the subject, I think the judgment of the Circuit Court ought to be reversed.