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C. J.2
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supplied with such commodities as they imported for Sale; in
return for which they have received Tobacco payments, and
applied the same in loading such Vessels as were consigned
to them by their Constituents. They further represent that in
this Commercial intercourse their usual customers have always
relied on them to supply their exigencies, and that Justice
and Gratitude prompted them not to abuse the confidence
reposed in them by disposing of their Effects to others, in
prejudice of those with whom they constantly traded. That
their conduct in this respect is not singular, but conformable to
the general practice of these who are engaged in similar traf-
fick, cannot be denied, and they are induced to think that on
mature consideration it cannot be deemed an infraction of
those Resolves which they are anxious to observe, but justi-
fiable on every principle of reason & justice.
Your Petitioners shew, that in the present scarcity of British
manufacture, they had not any greater quantity of coarse
linens, than was sufficient for the use of those, who for the
reasons suggested, they were bound to supply; .and that the
said Archibald Campbell had engaged all the osnabrigs
remaining in his store, to the different customers who fre-
quented it. From hence it will appear, that he could not con-
sistant either with his express or implied contracts, furnish Mr
Ruder with the articles he requested, the refusal of which is a
ground for the late Complaint against him.
Your Petitioner Archibald Campbell also sheweth that he
had received advice of a Vessell intended to be consigned to
him, and which shortly after arrived, to be laden with Tobacco;
That he had no other means of procuring her Cargo, than by
the sale of Goods to those who usually supplied him with that
commodity. If therefore he was compellable to receive Cash
for his merchandise, the Vessel must have returned without
her freight, to the great injury and expense of his Employer :
Add to this as an obvious consequence of such compulsion,
that any Rival in trade with a command of Cash might buy up
the goods of others, and thereby gain an undue advantage in
this branch of Commerce. It may not be improper further to
remark, that in the course of retail dealings, it is necessary to
keep an assortment of merchandise, and that an uncontrouled
liberty to the purchaser & an obligation on the Seller, to permit
him to select all the saleable articles in a store, would be pro-
moting the Interest of one at the ruin of the other; nor can a
charge of partiality or oppression be with justice alleged
against a merchant, who is desirous of preferring those who
resort to him for general supplies, to him whose application is
casual for a scarce and necessary article.
Your Petitioners further shew that they have endeavoured
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