Appendix. 769

Merch.' can Afford to do. He makes no Abatement in his Contract
with the Treasury for the Emolum.^ts he is to Receive from the
Assignm.^t of the Felon's Temporary Service Whereas If the Trea-
sury was to Authorize as they now only Connive at the Sale of the
Felon the Contractor ought to Pay instead of Receiving a Considera-
tion for the Passage & its well known what great Sums are paid

to procure Indented Servants to go over.

The English Acts Empower the Court of Session to Assign over
the Felon to any pson for the Term for which he is to be Trans-
ported but this Seems only Calculated (& so it Appears from the
Preamble to the Act) the more Effectually to prevent the Felon's
Return from Transportation and not to Enhance the Contractors
Profit. All that is Required of the Contractor being to Transport

MSS.
Calvert
Papers
No. 584
Md.Hist.Soc.

the Felon to America (for which he is paid by the Treasury) &
when he has Returned the Requisite Certificates of the Landing w.^ch
he must have without ffee or Reward he has performed his Contract.
So that the Contractors Care and Business ends with the Landing
as the only Service he performs is giving the Felon his Passage.
It may be Customary for the Contractor to make a Partar As-
signm:^t of the Felon (Where he cannot purchase his Liberty or
pay the Price of Electing — the Parlar place of his Exile) for a
Pecuniary Cons.ⁿ for the 7. or 14. years for which he is Transported.
But the Acts do not Enjoyn any Such Assignm.^t the Contractor
gives no Security for making such an Assignm.^t, No Certificate is
Required of it. Nor will the Contractor Admit the Obligation of
Selling every Felon he Transports but only where the Felon cannot
Pay the Price of his Redemption from Slavery.
Had Maryland Refused to Receive these Felons, they wo.^d have
Done Wrong. Had they Imposed a Tax upon them as Felons pay-
able at Landing they wo.^d have been no less Culpable. Naye Had they
made a Law by which these Felons under their new Denomination
of Servants had alone been Taxed, there might have been Room to
Complain.
The Memorial indeed Intimates That the Maryland Act can only
mean to Tax Convicts from the Expression of Servants for Seven
Years But had that been the Sole intention of the Act it would have
gone further & have Added Serv.^ts for 14 years & for Life for there
are Felons of each Sort. Whereas the Act Imposes a Duty Indis-
criminately upon Servants of all Sorts Whether Imported to Serve
for 7 Years or upwards or for a Less Term than 7 Years (by which
can never be Understood Convicts) and even upon Negroes.
The Contractor will still have his Certificate upon Landing his
Felons without ffee or Reward. The Duty then only becomes pay-
able when the Felon Assumes the new Character of a Serv.^t & the
Contractor Receives the fresh Reward for his Serv: & not the
Price for his Transportation or Passage.

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