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Journal and Correspondence of the Council of Maryland, 1781-1784
Volume 48, Page 369   View pdf image (33K)
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Council of Maryland, 1782-1783. 369


lay to provide Monies for the Payment of Interest, and against your
Misapplication of the Wheat Tax of 1782; and we were well justi-
fied in doing so, from your Acknowlegement, that you had Tobacco
on Hand of the Tax in 1782, and that the Whole Collection of the
Wheat Tax for 1782, so far as it reached your Knowlege, was or-
dered to be sold for the Maryland Line; this was a clear Misapplica-
tion of the Wheat Tax, and a very improper Assumption of Power ;
because the Specific Tax was appropriated, in the first Instance, for

February 25
Liber No. 78
p. 421

the Payment of Interest; because other and sufficient Property was
appropriated for the Maryland Line; and because this Misapplication
of the Tax defeated the Designs of the General Assembly with Re-
gard to the Restoration of public Credit, and perverted a System
founded on Principles of the most enlightened Wisdom and Policy.
It is true Sir, our Laws are not penned with that Accuracy and
perspicuity it were to be wished; but it requires no great Abilities to
ascertain and distinguish the Intentions of the Legislature, especially
on the Subject in Question. But admitting some Inaccuracy of Ex-
pression; did not the Law direct you to take the Advice of the Execu-
tive ? Were there not among them Men of legal Abilities, and was
not their Opinion most seriously expressed to you, long before your
Assumption of Power and Misapplication of the Tax ? Was not the
Justice, Policy & Wisdom of the Legislature, in giving Interest the
Preference of Payment in all Demands on the Public, urged and
enforced by all the Arguments we could possibly suggest ? But altho'
you state the present Case as a doubtful one, and requiring legal
abilities to comprehend it, and altho' the Law directed you to report
to the Executive to take Advice, and altho' that Advice was repeat-
edly expressed and given you, yet, regardless of all these Circum-
stances, the Specific Tax in 1782 has been most improperly applied,
for other Purposes than the Law directed.
You mistake Sir, the Powers of your Office : you had no Right to
question the System which the General Assembly had adopted; both
you and we, were bound by it : Nor have you any Reason to doubt
the Zeal and Liberality of our fellow Citizens, were just Grounds
given them to believe that Public Faith would be preserved, and the
Resources of the State fairly applied to reimburse them; and after
the Examples on a late interesting Occasion, when our Citizens of
Annapolis and Baltimore freely opened their Purses for the Public;
it is not generous in you to insinuate that they are so sordidly devoted
to accumulating Interest on their Monies, as not to feel the Flame of
Public Virtue.
Whether the Sale of 800 or 900 Hogsheads of Tobacco at 12/6,
would have prevented the Calamities which have lately fallen on this
State, was a Matter not submitted to your Judgment; and here again
Sir, you mistake the Powers of your Office. The Legislature had
provided a Defence for the State, according to their Circumstances :
they had directed a Barge Equipment, and persuaded of the happiest
24

p. 422



 
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Journal and Correspondence of the Council of Maryland, 1781-1784
Volume 48, Page 369   View pdf image (33K)
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