Rutgers

vs. Wadding ton, a case tried before Mayor James Duane, of New York, in 1784. Under the provisions of the ‘‘ Trespa Act,” pa ed some time before by the New York State Legislature, Elizabeth Rutgers had sued Joshua Wadding ton, a wealthy Tory merchant, for unlawful trespa upon and po e ion of certain real estate. Alexander Hamilton appeared for the defendant. It was alleged that the Trespa Act was contrary to the provisions of the Treaty of 1783, by which protection was promised the Tories, and likewise violated principles of the law of nations. The court, however, refused to a ume jurisdiction over acts of A embly, to set them aside on any ground. It gave the case to the defendant by an equitable interpretation of the statute itself. 188