American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-04-02
For the American Republican,

MEssRs. EDIToRs,-I owe it to you, the man
illness, independence and courtesy of whose
course, as the conductor Of a public press, com
mands my high respect to correct an error into
which you and perhaps your readers have fall
Ell, in regard TO the course supposed to be re-
commended by me in my last article upon the
Stamp act | used the term resistance" per-
haps unguardedlY in reference to the act, but
beg leave to assure you that it was not with re-
ference, as you suppose, to any forcible mea-
sure to be adopted | am not the advocate or
the apologist Of either qualification or repudia-
| ton; and when urged resistance to this mea-
sure did not mean to do it in subversion of
law, but in conformity to law. | most sincerely
believe, and in my first article attempted to
prove, that the act in question is in violation of
the constitution, and of course is an absolute
nullty, of no binding force upon the citizen;
and | regard submission to an usurpation, as all
unconstitutional acts are, as more destructive
to the moral power of the government than
open resistance to a valid law. But propose
resistance in no other form than in a legal and
constitutional mode through the courts of law :,
which alone can ultimately determine the
question. My resistance implies no force, but
is simply, that the people shall pursue their
own business in their own way, and make just
such contracts as they chose, and write their
notes in common form, upon just such paper as
they choose, without regard to stamp masters,
stamped paper, or stamps of any sort. No
man is required to buy stamps, or use stamped
paper unless he chooses, and all that the legs-
lature has done is to say, that note not stamp
ed shall not be admitted as evidence in suit
before the courts of this State. But say that
a contract fairly made between two men is va
lid and binding, whether the paper on which il
is written be stamped or not. If an unstamp-
ed note should happen not to be paid, and a
suit should be brought, and the maker should
interpose as a defence the want of stamp, the
question would then be submitted to the court
and the validity Of the act would be deter
mined. A stamp master is to be appointed
with two clerks, whose business is to sell
stamped paper in behalf of the State Of Ma
ryland, at specified price, to any person who
chooses to buy. | would not disturb the three
worthy gentlemen who are to set up this kind
of traffic, but | would recommend that any
man who wishes to contribute an extra sum to-
wards paying the State debt, to pay it as gra-
tuity to the Treasurer at once, and to give the
stamp master and his two clerks an opportuni-
ty to serve their country, in the more useful
employment of keeping free school for the
instruction of politicians in general, and Office
seekers in particular. This is the resistance
and all the resistance which have urged, and
as believe that no man is bound by the act
in question, would have those who suppose, il
any such there be, that the act is valid, to en-
force it whenever the question shall arise on a
trial at law. BEN FRANKLIN.