310 Journal and Correspondence

C. C.
125

[Council to Lux and Calhoun.]

In Council Annapolis 7^th July 1777.
Gen^t
On Cap^t Cook's Return he reported his proceedings under
the Instructions he received from us which were calculated to
prevent any Evasion of the late Act and, as far as might be,
any Trouble or Inconvenience to those who were not the
Objects of the Act. He has also shewn us that the Iron on
Board the Schooner Betsey W^m Trimble Master, the Schooner
Willing Maid Caleb Hall Master, the Schooner Liberty James
Taylor Master & the Schooner Swan Joseph Forster Mast^r
hath been relanded under your Advice, that the Exportation
of that Iron was contrary to the Act. The Circumstances of
the Iron which was on Board those Vessels are not fully
enough before us to determine whether it might or might not
be exported. Cap^t Cooke tells us that chief of Iron belongs
to M^r Hudson who told him that he was about sending it to
Virginia and would do so, though he would give him no satis-
factory Reason, or rather, no Reason at all for that his Reso-
lution. We take it that two Sorts of People are the Objects
of the Law, Persons from the neighbouring States who have
ingrossed Iron &^ca That Iron is not to be removed out of the
State, and Inhabitants of this State who have ingrossed Iron
&^ca with Intent to sell the same again at high and exorbitant
Prices. The Intent to sell the same again we take to be an
essential Circumstance to prohibit their Exportation. It does
not seem to be the Design of the Act to prevent all Exporta-
tion of Iron but only to prevent its being hoarded up with a
View & Design to make an artificial Scarcity to inhance the
Price; therefore if Iron is bought up for immediate Exporta-
tion we do not think it an Object of the Act Whether this or
any of it was, for such Purpose, we cannot determine it it was,
we think the Exportation of it is allowable, or if it was pur-
chased for Persons to use in Virginia, it seems clear of the
Act. If the Fact should be within the Exemption according
to our Construction and our Construction agreeable to your
Opinion, on the Act, you'll be pleased to give Orders for the
Owners of the Iron to have it again, if not we presume it
ought to be proceeded against or forfeited We are &c.
To Wm. Lux & James Calhoun Esq.
Baltimore

Original.

[N. Smith to Gov. Johnson.]
Baltimore the 7^th July 1777
Sir
I rec^d your favour of the 4^th Inst & observe the Contents,
woud Recomend Liev^t Judah (who will hand you this) as a