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Correspondence of Governor Sharpe, 1753-1757
Volume 6, Page 84   View pdf image (33K)
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84 Correspondence of Governor Sharpe.

Letter Bk. I.

afford any reasonable grounds for uneasiness to the Merchts or
any Person else as it is only calculated to prevent fraud between
the Mercht & factor wch might otherwise have been carried on
to the Detriment of the too credulous & honest Planter — As
to the Testamentary Act which prefers Country to foreign
Debts I observe the preference is not so great as it might be
apprehended, for all Country Debts are not thereby preferred

to all forreign Debts. The Preference is only given to Country

Debts where they are of the same Degree or nature with for-
reign ones; as for Instance Country Bonds are ordered to be
payed before forreign ones, but Country notes or Book Debts
are not preferred to forreign Bonds, & indeed this preference
is in practice found to be very little more than nominal, for
the Act of Assembly does not make any Distinction between
Residents in the Province & foreigners; but between Debts

contracted in & out of the Province, so that all Bonds passed
in the Province to foreigners are upon the same footing with

Bonds passed to Residents, & all Book Debts contracted with
Factors here are considered as Country Debts sic de similibis,
& therefore there is no preference except in the few Cases
where the Bonds are actually passed & delivered out of the
Province or where the Demand stands merely upon the Merchts
Books at home, & the facility with which Merchts may have
their securities taken in the Country or their accounts setled
here by their Factors makes the Distinction of very little Con-


p. 64

sequence In Effect the People of this Province have not the
same advantage in the Article of paying off Dead Mens Debts
that the Creditors in England have; No Mercht is without a
Factor here able to inform him of his Correspondents Circum-
stances & without gross mismanagement the Factor knows how
matters stand between the Mercht & the Planters especially
where the Latter are the Debtors & is generally able to bring
Suit for his Principal as soon as any other Creditor. The
Planter has generally no other Correspondent in England than
the Consignee of his Tobacco & therefore upon the Death of
the Consignee, the Creditors in England must get the Prefer-
ence for those who first sue when Debts are of equal nature
will first obtain a Satisfaction.
As to the Merchts Declaration that that Supplementary Law
(supposing it to be what it is not) or any other Law will stop
their giving Credit to the Inhabitants of this Province, the
People will or should say with all our hearts the less Credit
they give us the better the way to keep out of a large Debt is
not to credit for a small & they as well as we know that
nothing ever hurt Maryland more than the great Credit that
has been sometimes given us. I have written above what
occurs by way of Answer to any Objections that may be made
 

 
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Correspondence of Governor Sharpe, 1753-1757
Volume 6, Page 84   View pdf image (33K)   << PREVIOUS  NEXT >>


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