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Journal and Correspondence of the Council of Maryland, 1779-1780
Volume 43, Page 95   View pdf image (33K)
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of the Council of Maryland. 95


[Council to Colo. Solomon Stympson]
Sir We think it will be proper to remove the Grain you have pro-
cured, to George Town and store it there, because it may with greater
Ease and at less Expence be transported by Water from thence to
the Head of Elk.

[Council to His Excellency Governor Jefferson of Virginia]

Sir We had the Honor to receive your Excellency's Letter of the
30th Iany The Necessity which constrained our Assembly to enact
a Law, the extensive Operation of which has interfered with the
Purchases made by your Agent, for the Subsistence of the Military
of your State, we must deplore, and can assure you that an anxious
Solicitude for the Welfare of the United States and an Opinion that
nothing short of the most vigorous and sudden Exertions, could pro-
cure an immediate and full Supply for our distressed Army were
the only Motives which prompted them to make it so general. We
are Satisfied it is not the Intention of the Act, to provide Supplies
for State Troops, because, when it was made, it was not known that
the Military of any particular State was in Distress. The Object of
the Assembly being an immediate and full Supply for the Army, we
cannot admit your Exposition of the Law, because it would in some
Degree counteract the Purpose of it and because we think the word
" others " was inserted with a View of including every Person in
whose Possession any Flour or Wheat was found and may well com-
prehend the Agent of Virginia; and that, unless such Construction
is made, as there is no other Person except the Agent of the Marine
of France (whose Flour is also deemed Seizable) to whom it can
relate, that word would be deprived of its Effect, and a well known
Principle in expounding Acts of the Legislature would be infringed,
that a Law ought to be so construed that no word should be rendered
void or insignificant if it can be prevented. We must further observe
that the Intention of the Assembly ought to prevail, which is to be
collected from the Cause or Necessity which induced them to make
the Law. We cannot esteem it necessary to enter into a minute Dis-
cussion of the present Question or to resort to nice and subtil Reason-
ing to justify an Exertion which was requisite to prevent the
numerous Calamities which must result from the Dissolution of the
Continental Army. We are sensible it is the mutual Interest of both
States to preserve the Harmony that subsists between them which,
added to our Desire to contribute all we possibly can to the Relief
of your Distresses, make us wish to receive Information from Con-
gress or His Excellency General Washington, that the Army is sup-
plied, that we may have it in our Power to restore your Flour, before
you feel any Inconveniencies from the Seizure of it. Our Assembly
will meet the second Day of March when your Excellency's Letter
will be laid before them for their Consideration.

Liber C C

No. 22

p. 71



 
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Journal and Correspondence of the Council of Maryland, 1779-1780
Volume 43, Page 95   View pdf image (33K)
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