Jany 18. 1780
Sir, Philada
You will receive herewith inclos’d an act of Congress of the 17th Instant together with the Copy of a Memorial from the Minister of France and Copies of three other papers refer’d to in the Memorial.1
The Wisdom & prudence which have been repeatedly manifest in the proceedings of the Executive of Maryland leave no room to doubt they will chearfully comply with the recommendation of Congress contain’d in the Act enclosd in such manner as on the one hand not to embarrass the Measures of the Agent of the Marine of France; but give satisfaction to the Servants of his most Christian majesty our Ally; that his plans and expectations may not be disappointed; and on the other hand that any collusive practices under false pretext by any of the Inhabitants of these United States to monopolize flour may be prevented.
I have the honour to be &c,
S.H. President
Letter book, Papers of Continental Congress, item 14, U.S. National Archives and Records Administration, Washington, D.C.
1 In response to an appeal from the French Minister La Luzerne, Congress hereby "recommended" that Maryland "refrain from seizing the provisions which have been purchased by permission of the State of Maryland for the agent of the marine of his most Christian Majesty; to replace them in case they have been already seized; and to permit the exportation thereof." See JCC, 16:67 - 68; and the preceding entry. To this appeal, Congress also added a mollifying resolution explaining "That Congress entertain a high sense of the exertions of the legislature and governor and council of the State of Maryland to procure an immediate supply of flour and other provisions for the army."
Upon receiving Congress’ "recommendation," the Maryland Council wrote to La Luzerne on the 24th to explain that it could not interfere with the operation of the state’s seizure law, but the council assured him that the act was designed only to prevent "abuses" by purchasers operating under the cloak of the French agent of the marine, Jean Holker, and once this goal had been achieved all legitimate purchases for the French forces could be shipped from Maryland without interference. For this explanation by the Maryland Council, and letters subsequently adopted by the council on February 17 in response to continued complaints by Holker and La Luzerne concerning Maryland’s reluctance to follow Congress’ "recommendation" against interfering with French flour purchases, see Md. Archives, 43:66 - 68, 88 - 90, and Maryland Delegates to Thomas Sim Lee, March 7, 1780. For Holker’s previous difficulties with Maryland officials, see also John Jay to Conrad Alexander Gerard, July 7.