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L. H. J.
Liber No. 50
April 19
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most natural and sensible Antecedent to the Words (their Entry) is
Masters of Vessels, and Others, Importing Servants; and then your
Excellency would have viewed the Matter in this Light; (all Masters
of Vessels importing Servants to serve for Seven Years or upwards,
at the Time of their Entry shall pay to the Naval-Officers); and had
the Legislature intended the Words (at the Time of their Entry)
to relate to Servants to serve for Seven Years or upwards, so as to be
descriptive of the Time of Servitude, surely the most natural and
easy Expression would have been, not at the Time of their Entry,
but from the Time of their Entry; tor we are persuaded not only
from the Abilities of the then Lower House, but also from those
of the other Branches of the Legislature, that if so wild a Scheme
as making the Time of Servitude to commence for the Purpose
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p. 80
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your Excellency contends for, at the Time of Entry, could possibly
have entered into their Heads, they could not have missed so plain,
easy, and clear a Manner of expressing themselves; but, that this
could not have been their Intention, every one must be convinced, that
would allow them to know, what no Planter in the Country is igno-
rant of, that the Time for the Commencement of Servitude of all
Servants imported, has been long settled by Law and Custom, to be on
the Day the Ship or Vessel Importing them, first anchors within
this Province. As the Legislature then could not overlook a Law
so universally known, Can it be presumed they would make use of the
Words, at the Time of their Entry, merely as descriptive to shew
upon what Servants the Duty of 20 s. was to be laid, and on what
the Duty of 5 s. when, without these Words, it would have been
abundantly clear? as will appear from the following View of the
Paragraph without those Words, viz. " That all Masters of Vessels,
and Others, Importing Servants into this Province by Land or Water,
to serve for the Term of Seven Years or upwards, shall pay unto
the Naval-Officers, &c. the Sum of 20 s. p Poll for each Servant ;
and that all Masters of Vessels Importing Servants to serve by In-
denture or Custom of the Country for a less Term than Seven Years,
shall pay the Sum of 5 s. for each Servant : " By which every one
immediately sees how useless the Words must be in the Sense your
Excellency contends for.
Besides should such a Construction prevail, it must follow, that
the Act would defeat and be repugnant to itself; for the Law settling
the Commencement of the Time of Servitude not being even virtually
repealed by this, must still continue to operate; the Consequence
of which plainly would be, that tho' the Act in 1754 clearly intended
to impose the Duty of 20 s. on all Servants imported for the Term of
Seven Years or upwards, yet that Duty could only be collected on
such as were to serve upwards of Seven Years, because these im-
ported to serve for Seven Years not being Entered till after the
Day of first Anchorage, (which almost in every Instance must be
the Case) would not at the Time of Entry have Seven Years to
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