Whilst he Transports him as a Felon he is paid for it by the
Goverm.t & has his Certificate upon Landing without ffee or Reward.
If upon Landing he does not Set him at large but upon a New
Contract made in the Country Sells him as a Servant Then he Receives
a new Reward not Stipulated for by the Goverment & Consequently
ought to Contribute to the Support of Goverment in the same manner
as every other Importer of Serv.ts or Negroes into the Country.
If the Importer cannot sell his Servant the Act Particularly Directs
y.e Duty to be Repaid him so that from the Terms of the Act M.r
Stuart can never have paid Duty for his Convicts unless he made
them Servants also.
So that in Reality this is no Tax upon the Importer but upon the
Buyer only nor was it ever understood in any other Light in Respect
to Indented Servants or Negroes the other Objects of the Act & it is
no uncommon thing for the Buyer to Import his own Servants &
the Buyer Exercising his property in the Province that Property
ought to bear the Common Burthen as it partakes of the Common
benefit of Gov.t
M.r Stuart had Agents Resident in the Province at the time the
Law Passed but they never Objected to it.
What Merit has the Contractor to Entitle his Servants to be put
upon a better footing than any other Serv.ts Imported into the
Province & has he not Sufficient Advantages Already to Enable
him to Under Sell every other Importer Or wou'd he have their
Serv.ts Alone Taxed to make his Sell the better.
Is there then any foundation Remaining to Consider this Act as
Derogatory to the Crown or Legislature of Great Britain.
Or Agreable to M.r Stuarts Request for the Lord Prop.ry to
Return him any Money he may have paid for his Convict Serv.ts in
Consequence of this Act Or for his Lordship either to Repeal or make
any Explanations of the Law in his Favor.
Near 3 Years have now Elapsed Since the Law was made and no
Memorial or Written Applicat.n made by M.r Stuart ag.st it till May
1757. The Moneys given by the Act have long Since been Appro-
priated & Raised & paid Accordingly. And for the Lord Propr.ty
now to Repeal or Vary it (which wo.d be tantamount to a Repeal)
must be Attended with very Mischievous Consequences to y.e Publick
Credit of the Prov.ce Must Involve the Collectors & other Officers
of the Revenue in Litigation & Expenses Create a Breach between
his Lordship & his Province and possibly at this Juncture Lay him
under a Suspicion at home of Disaffection or at least of want of
Zeal for his Matys Service.
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