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Session Laws, 1804
Volume 562, Page 106   View pdf image (33K)
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R E S O L U T I O N S.

Whereas the contract entered into between the state, by its agent Randolph Branch Latirner, of the one
part, and Jgrnes Williams and Uriah Forrest, of the other part, hath been vacated by a decree of the court of
chancery, passed on the eighth day of January, eighteen hundred and five, in a cause wherein the said James
Williams, Uriah Forrest and Benjamin Stoddert, were complainants, and the state of Maryland, or Luther
Martin, the attorney-general, defendants, and the bonds given for the purchase money ordered by the authority
of the said court to be delivered up : And whereas a certain sum hath been paid into the treasury under the
said contract: And whereas the aforesaid Uriah Forrest hath passed his bond to the state of Maryland, dated
on the twenty-seventh day of August, seventeen hundred and ninety-nine, conditioned for the payment of the
sum of six hundred and thirteen pounds eleven shillings and six-pence current money, and the said James Wil-
liams and John Guyer have passed their bonds to the said state, dated on or about the first day of June, seven-
teen hundred and ninety-nine, conditioned for the payment of eight hundred and thirty-four pounds twelve shil-
lings and six-pence current money, and the said petitioner being willing that the aforesaid money, so paid into
the treasury under the contract aforesaid, should, in the first place,'be applied to the discharge of the said two last
mentioned bonds, as of the time on which the said money was paid into the treasury, and it being a matter of
judicial cognizance, whether any and what sum the state ought to refund to the petitioner, or the other parties
to the contract herein first before stated; therefore RESOLVED, That the court of chancery determine in the case
aforesaid according to the principles of equity, whether any and what sum is to be refunded to the complainants,
or any of them; and if the said court shall determine that any money shall be refunded by the state, then the
same shall be applied, in the first place, to the payment of the bond given by Uriah Forrest as aforesaid, se-
condly, in payment of the bond given by James Williams and John Guyer as aforesaid, as of such times re-
spectively as the said court shall decree, and the balance, if any, to be paid to die said complainants, or such
of them as the said court shall decree; provided, that no interest be allowed on such balance as may appear to
be due, after the application as aforesaid.; and the treasurer of the western shore shall, (if it should be so de-
creed,) deliver to the parties respectively their bond aforesaid, and pay such sum of money as shall be decreed
by the court of chancery.

RESOLVED, That the assignees under the assignment from Mr. Chase of the twenty-sixth of May, seventeen
hundred and eighty-seven, and the act by which it was authorised, are not of right entitled to the dividends
accruing upon the Maryland stock, between the time of the passing of said act and the said assignment, and
that the person or persons who shall be authorised and appointed to receive a transfer of the Maryland stock,
now held in the name of the honourable James Munroe for the use of the state, be and he or they are hereby
authorised and empowered to require and receive from Osgood Hanbury and Sampson Hanbury, and John Lloyd,
executor of Osgood Hanbury, a transfer according to an agreement made between them and William Pinkney,
Esquire, of date the fifteenth of August, eighteen hundred and four, in the premises, of the sums of four hundred
and twenty-eight pounds bank stock, thirty-five pounds five per cent, annuities seventeen hundred and ninety-
seven, twenty-nine pounds five per cent, navy, and twenty-five pounds cash.

RESOLVED, That the governor and council be and they are hereby authorised and empowered to give instruc-
tions to the person or persons who shall be appointed in virtue of the act, entitled, An act relative to the stock
of the bank of England belonging to the state of Maryland, to vest the amount of sales of the stock in the
funds of England belonging to the state of Maryland, and also the cash which has been or may be received for
dividends thereon, in such stock of the United States as shall be most advantageous to the interest -of this state,
and to transmit the evidences of such stock, and the necessary powers of attorney to transfer the same, and
complete said transfer on the books of the treasury of the United States, and the same shall be entered thereon
in the name of said treasurer, in behalf of and for the use of the state of Maryland, and that the said stock ot?
the United States, when transferred and held as aforesaid, shall be and the same is hereby made subject to the
appropriation of the legislature.

RESOLVED, That the governor and council be authorised to allow the person or persons appointed in virtue of
the said act, for his or their service, a commission not exceeding one per cent, on the amount of the stock of
the United States which shall be entered and held as aforesaid on the books of the treasury of the United States
for the use of the state of Maryland.

THE resolutions purporting to be the " doings of the legislature of the state of Massachusetts." having
been laid before the legislature, by the governor of Maryland, and due deliberation having been had thereon,
RESOLVED, That in the opinion of the legislature of Maryland, the amendment to the constitution of the
United States, proposed by the commonwealth of Massachusetts, ought not to be adopted.

RESOLVED, That the state of Maryland, by the principle of representation adopted by the constitution
of the United States, having its full influence in the councils of the union., it would be unwise to diminish
or relinquish it. This principle ought not to be a source of clamour or complaint in any state where a mix-
ed population doth not exist; in those states where it doth exist, they are subjected to additional taxation,
as taxation is apportioned according to representation; the principle of representation was the result of a spirit
of accommodation and mutual concession; it is one of those fundamental parts of the constitution which ought
not to be invaded. The amendment proposed, in the opinion of this legislature, is calculated to shake the union,


 

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Session Laws, 1804
Volume 562, Page 106   View pdf image (33K)
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