510 Correspondence of Gov. Horatio Sharpe, 1754-1765.

Lord^p has to Controvert a Tax on his Quit Rents, a Mite
payable to him, w^ch can't be thought by any one to be Render
proportion'd to the value of the Lands. Especially exempt'd
from Tax by an known Law of the Marylanders fore-fathers
in 1651. thus they Charge in the Proprietor with unjustness
aim'd at him, with^t cause & contrary to real Right he sets up
no Right or advantage but his real Right & conscienciously
exercise's his share of the Goverm^t with Candour, agreeable
to His Soveraign & the ordinances of his Realm. Rests his
Power by Royal Charter as also his Rights & by Provincial
Law Confirmed. Rights he cannot & with resolution just
will not part with, or Suffer to be infring'd or be deviated or
purloin'd from him. He is much Obliged & desires you will
acquaint the Upper House w^th his Thanks for their just
defence they made on his Behalf & the Province ag^t the Bill
& ag^t Injury, Perplexity & confusion, & of w^ch he trusts they
will be Steadfast therein.

Concerning y^r Question propounded to the Lo. H. viz.
Do you Insist upon the Naval Officers collecting under the
Act of Assembly made in 1754. For His Majestys Service
the Duty of 20^S p head on Convicts transported by Virtue
of the Statute or do you not ? To w^h they reply we do insist
& shall till better reasons than hitherto offered induces us
to Alter our opinion Relative, M^r Pratt Attor^y Gen^l opinion is
transmitted to M^r Bordley Attor^y Gen^l in Maryl^d & Naval
Officer at the Port of Annapolis. He says, That the Duty
on Convicts is Repugnant to the English Act of Parliament,
and "inconsistent to the Rights & Priviledges of England
" says If the true meaning of this Law is to Extend to Con-
"victs I am of opinion it is void, says I am of opinion that
"the Naval officers Bond in England wo^d be forfeited if they
"exact this Duty under the Maryland Act or refused to
" Enter the Ship & sign Certificate and says It is not reas-
" enable but as the Naval Officers will Certainly be cast in
" Maryland if those Bonds are put in Suit & they unavoidably
"be put to considerable Expence w^h cannot be repaid Even
"tho' the Maryland Judgement should be reversed here I
" think the Naval Officers ought to Present a Petition to the
" Council Board or to the Treasury praying Relief for this
"case is of a Publick Nature that concerns the Laws of
" Trade of England & the Naval Officers are reduced to this
"Delemma he must forfiet his Bond in one Country or the
"Other." Copy

What a Delemma is here Convicts no word of the Act, a
word construct^d by the Lo. House after If the Provincial
Courts give Judgm^t Duty on Convicts, may not such Judgem^t