Reply to questions on the claims of British debts [Pickering to John Jay, 13 Dec. 1797, NNC:9503]. Is not prepared to answer on the subject of interest since he does not have relative notes or books in Albany. The doubt "on which Side of the Question lays the onus probe cundi respecting the Solvency or Insolvency of the Debtor" appears an extraordinary one. Plaintiff or Demandant must show right to the thing he demands, and the case must fall within the provisions of the statute or treaty in question. Creditor must show that the debt is actually due and payable, that the amount cannot now be obtained, that any presenting solvency is chargeable to impediments contrary to the Treaty of Peace, and that he was solvent before the impediments took place.
Subjects
United States--History--Constitutional period, 1789-1809; Jay, John, 1745-1829