Letters to the Council. 409

money I am under the necessity to ask your Excellency to order
payment to M^r Samuel Hughs or order for the sum of four thousand
pounds Current money

January 28

[Kolker Philadelphia to Gov. Lee]

Sir I have been regularly informed by M^r W^m Smith of Balti-
more of the proceedings of the legislature of your State relative
to the Seizure of the provisions purchased by him, in consequence
of my directions for the Supplies of his Majesty's fleets in the West
Indies, I should be sorry that his representations to the commis-
sioners of the State or his refusal of delivering the flour in his
possession without my orders should have given any uneasiness :
he could have no other intention than to prevent the seizure by
mistake of provisions acquired at an amazing expense, for purposes
avowed by congress, with the Knowledge & consent of his Excellency
the late Governor and Council of Maryland who had fully approved
of the choice made of him as agent for the purchases, which will
appear by Governor Johnston's Letters to his Excellency M^r Gerard
and myself of the 3^d September, of which last I have the honour of
inclosing a Coppy.
I was not a little Surprised on reading the two late acts of your
legislature with respect to this business: by the first it seems the
honourable the Assembly deemed that the Whole of the Wheat and
flour purchased by my Agents over & above The Equivalent of
twelve thousand barrels of flour, Should be seized & delivered up
to the continental commissaries.
I should have thought this law useless, for the two following
reasons: the First, because the late Governor & council were fully
apprised by his Excellency M^r Gerard & myself that M^r Smith was
positively directed by me, to conform minutely to all the instructions
or Directions that might be transmitted him by them respecting His
purchases so as to give general Satisfaction any application from
the council to me or to M^r Smith, either for the returns of purchases
made or delivery of the Same, wou'd therefore have been as effectual
as any law, the second because it does not appear even at present,
that M^r Smtih has been able to secure the above mentioned quantity
of 12000 Barrels of flour of the last harvest.
The second act of the legislature seemed to me still more extraor-
dinary; if by that act it was thought necessary to extend the seizure
to be made by the commissioners to the aforesaid 12000 Barrels,
it is not easy to imagine why this flour purchased by the authority &
with the Sanction of congress & of the Government of Maryland
should be seized for the purpose of delivering the same to the con-
tinental commissaries, who would themselves have received orders to
deliver that very flour to M^r W^m Smith for the use of the royal

January 28
Brown
Book No. 8
Letter

No. 37
(See also
letter No.
31 which is
endorsed
Received
the oth
Febry.)