16
VOTES and PROCEEDINGS, November, 1796.
In the same line, after the word "person" insert " or persons."
In the 5th line of the same page,
after the word "person" insert " or persons." Strike out the last
enacting clause.
The bill, entitled, An act to settle and pay the civil
list, and other expences of civil government,
was read the second time and will pass.
The senate adjourns until to-morrow morning 10 o'clock.
T U E S
D A Y, December 6,
1796.
THE senate met. Present the same members as
on yesterday. The proceedings of yesterday
were read.
The bill, entitled, An act for the relief of Anne
Dent and Theodore Dent, administrators of
Peter Dent, late of Charles county, deceased, with the amendments thereto,
the bill, entitled, An
act for erecting a new bridge over Dividing Creek, between the counties
of Somerset and Worcester,
with the amendments thereto, and the bill, entitled, An act to settle and
pay the civil list, and other
expences of civil government, were sent to the house of delegates by the
clerk.
The honourable Charles Carroll, of Carrollton, Esquire,
from the joint committee of both houses
appointed to confer upon the subject of the stock due to this state
in the bank of England, delivers
the following report:
THE joint committee of both houses, appointed to
confer upon the subject of the stock due to
this state in the bank of England, beg leave to report, that they have
communicated with Samuel
Chase, Esquire, agent for the recovery thereof, and have received from
him the following verbal information
respecting the actual situation of the said stock: That in consequence
of the death of James
Russell previously to the year 1789, against whom, as the only acting trustee
of said stock, the
agent, while in London, had filed a bill in the high court of chancery
of England to enforce a
transfer thereof, it will be necessary to file a bill of revivor to reinstate
the suit, and entitle himself
to a recovery of the stock, as agent for the state; that the executors
of Osgood Hanbury, and company,
in virtue of an assignment made by the agent, pursuant to the act of assembly
of November
session, 1786, chap. 50, empowering him to assign to the said Hanbury,
and company, a sum not
exceeding £. 11,000 capital bank stock, have filed a bill in chancery
against Henry Harford, Esquire,
late proprietary of the then province of Maryland, and others; that in
making the said Henry
harford party to the said suit, the agent conceives they have acted very
improperly, and that it
was without his knowledge; that had he been advised with upon the occasion,
he would not have
assented to the measure, of which he cannot see the necessity, or divine
the reason; that he has long
ago lodged money in the hands of Mr. William Murdock, of London, to pay
the Messieurs Lyons,
his solicitors in chancery, their bills of costs; that Mr. Murdock has
frequently called upon them
to produce their bills, and receive their amount, which, though often promised,
they have hitherto
declined producing and receiving payment; that the agent had understood,
that the former chancellor
was averse from giving a decree respecting this stock, alleging, that it
was a matter fitter for
diplomatic negotiation than for his decision as chancellor; that in consequence
of this information
and suggestion, our executive, on the application of the agent, had requested
the executive of the
United States to direct Mr. Jay, if not inconsistent with the objects
of his mission, to interpose on
behalf of this state with the British ministry, and to obtain payment of
the bank stock bonâ fide due
to it; that Mr. Jay, or Mr. Pinkney, the resident minister at the court
of St. James, was accordingly
instructed to that purpose, and that the necessary papers to give them
full information and
knowledge of the claim of this state to the said stock were transmitted
to Mr. Pinkney, and are now
probably in the hands of Mr. King, the present minister of the United States
to that court; that
Mr. Jay had some conversation with the chancellor respecting this stock,
but that its recovery had
not been made the subject of negotiation; that the secretary of state has
promised the agent to write
to Mr. King to render every service in his power to this state with respect
to its stock in the bank of
England; that Mr. William Pinkney is instructed by the agent, (but the
instructions have not been
imparted to the committee,) to consult with Mr. King, to use his utmost
endeavours, in conjunction
with that gentleman, to obtain a decision in the court of chancery, and
in consequence thereof an
assignment and transfer of the stock to the persons appointed to receive
it by the act of assembly of
November session, 1791, chap. 86; that one of the said persons is misnamed
in the said act, being
called Sir James instead of Sir Robert Herries, which misnomer the committee
are of opinion
should be rectified by a supplementary act of the present session; that
the capital bank stock, exclusively
of the aforesaid assignment to Osgood Hanbury, and company, amounts at
this time to
£. 60,000; that by the latest advices £. 100 capital stock
of the bank of England would command
in the market from £. 158 to £. 160 sterling; that the agent
is persuaded that Mr. Pinkney, in consequence
of his instructions, and from a desire to be useful to the state, will
exert himself to procure
a final settlement of this extremely procrastinated and tedious piece of
business; that if the assignees
of the state should recover the sum assigned to them, (which cause has
some time ago been argued
before the chancellor,) the state, he conceived, would certainly be
entitled to a decree in its favour,
and that the suit to obtain it might be renewed without any considerable
loss of time.
Upon the whole, the committee have some expectation,
that in consequence of Mr. Pinkney's
endeavours, some more favourable accounts, as to this stock, may be received
between the present
and next session of assembly; the committee, however, suggest to the
legislature, the propriety of
passing a resolve, directing the agent to lay before the next assembly,
in writing, early in the session,
the instructions given by him to Mr. Pinkney, the solicitors in chancery,
or to any other persons
whom he may have employed to manage the business for him, and the also
to communicate to the
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