Appendix. 763

but likewise for the Repealing or Explaining so much of the Law in
Question as will prevent the like Exactions for the future.
Here Your Memorialist finds it necessary from a cursory View
of the Act in the Hands of M^r Calvert to express his Apprehensions
that the ambiguous Term of Servants, which appear to be the Object
of that Duty may admit of some Doubt as to the true Construction
thereof. As Convicts transported are by the Statutes of this King-
dom declared to be the Servants of the Contractor and his Assigns
and are by the Inhabitants of that Colony generally called Seven
Years Servants and by that Denomination distinguished from in-
dented Servants, it obviously appears that your Lordship's Officers
have acted under the Indempnity of that Law and therefore Your
Memorialist can have no Remedy against them.
Jn^o Stewart
[Endorsed on back]
To The Right Honble The Lord Baltimore M.^r Stewart's Memorial
4 May 1757 R^d H H

MSS.
Calvert
Papers
No. 583
Md.Hist.Soc.

B

THE CASE AS PRESENTED BY LORD BALTIMORE, AND THE
LEGAL OPINION OF THE ATTORNEY-GENERAL,
SIR ROBERT HENLEY, 1757

THE OPINION OF SIR ROBERT HENLEY, THE KING'S
ATTORNEY-GENERAL, DATED JUNE 27, 1757, TO FREDERICK,
LORD BALTIMORE, IN REGARD TO THE DEMAND OF JOHN
STEWART FOR THE REIMBURSEMENT OF DUTIES COLLECTED
FROM HIM UNDER THE ACT OF 1754 OF THE MARYLAND
ASSEMBLY UPON CONVICTS SHIPPED INTO MARYLAND, AND
AS TO WHETHER THE IMPOSITION OF THIS DUTY WAS CON-
TRARY TO THE LAWS OF ENGLAND; TOGETHER WITH A
RESUME OF THE MARYLAND AND BRITISH LAWS BEARING
ON THE MATTER.

Case

24 July 1754 An Act was passed by the Governor, Council &
Assembly of the Province of Maryland Entitled " An Act for his
Matys Services " Reciting a Letter from Lord Holderness to the
Governor in Aug.^st Preceding Signifying the March of y.^e French &
their Indians to Commit Hostilitys on his Matys American Domin-
ions & that the Governor of Virginia had likewise given Notice that
the French had Dispossessed many British Subjects of their Settle-
ments and also Reciting the Defeat of Colonel Washington near the
Borders of that Province. Therefore to Demonstrate their Willing-
ness to Answer his Matys Commands & to Assist their Neighbouring

MSS.
Calvert
Papers

No. 584
Md.Hist.Soc.