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Session Laws, 1827 Session
Volume 474, Page 288   View pdf image (33K)
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1827.

RESOLUTIONS.
 

act, entitled, An act relative to the inspection of Tobacco in
this state, passed at the present session, to each of the tobacco
inspectors in this state.

 

No. 24.

Passed March 5,

1828.

A report, preamble, and resolutions, relative to the State's claim upon
the United States, for interest on monies expended during the late wa.

Report of the
committee.

The select committee to whom was referred an order "to
enquire into the situation of the state's claim on the govern-
ment of the United States, for interest on monies expended
in the late war, and to report to this House the measures
which may seem proper and necessary for the recovery of the
said claim," have deliberately considered the matters contained
in this reference, and beg leave to present the following report:
Jt appears by a resolution passed at December session, eigh-
teen hundred and twenty five, the senators of this state in the
Congress of the United States, were requested to bring before
the general government, the claim for interest on loans con-
tracted by the state for the prosecution of the late war; and
that their representatives were also requested to assist in pro-
secuting the said claim to a successful termination.

U. S, Law

In consequence of this resolution, it farther appears that
tin act was passed by the Congress of the United States, to
authorise a settlement of the said claim, in terms similar to
an act of the same Congress, which had been passed at a pre-
vious session, upon the claim of the state of Virginia; but
upon an examination and comparison of the respective claims
of the two states, there was found a want of analogy, by rea-
son of which, the application of the law of Virginia was in-
sufficient to mete substantial justice to this state.

Difference of con-
struction

In the liquidation of this claim, a difference of construction
was put by the Treasurer, who furnished the statement in be-
half of Maryland, and the Third Auditor of the Treasury
Department of the United States, on whom the adjustment of
the claim in question devolved. The Auditor made his ob-
jections to the several items of the Treasurer's statement
which were answered by an elaborate and able argument by
the Treasurer in support of his statement, and the principles
upon which it was founded, as well with reference to the act
of Congress, as to their intrinsic propriety and justice; yet the
Auditor, it seems, could not be convinced that the act of Con-
gress authorised him to allow the claim as stated by the Trea-
surer, and therefore, without contesting its merits, adhered to
his objections, and liquidated the claim upon the principles
which he believed to be prescribed by the said act. Whether
a liberal construction of the act of Congress would have au-
thorised the auditor to settle the claim upon the principles con-
tended for by the Treasurer, the committee will not undertake
to determine; but whether the fault be in the law, or in the
construction of it, to them it appears most manifest that the



 

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Session Laws, 1827 Session
Volume 474, Page 288   View pdf image (33K)
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