An historical view of the government of Maryland :from its colonization to the present day

Front matter

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HISTORICAL VIEW

OF THE

Preface

extensive powers confided to the revisors, might have resulted in the establishment of a new code. With such a result in prospect, the further prosecution of his original purpose seemed useless ; but as there was reason to believe that the revision would effect no material change in the institutions, through which the public authorities were exercised, it still left open to his views the wide field of public relations under the State Government. The design was, therefore, bounded to the examination of these, and to the investigation of the institutions of the Colony, so far as it might be necessary to illustrate the existing State establishments. In this form, it received the sanction and patronage of the Legislature, in the winter of 1826 — 27 ; but it again became the sacrifice of unexpected occurrences. Thrown suddenly into the midst of the engrossing cares and labors of public life, at the very moment when he was about to enter upon its execution, the writer yielded it to the necessities of the moment, as one would his first-born. The hour of retirement from public employments at length arrived; and the field of his contemplated exertions was still unoccupied. Yet with the first fervor of the enterprise, had passed away much of the energy so necessary for its accomplishment: and it might still have slept, but for the promptings of a soft and gentle monitor. It was easily revived ; for authors have their first loves, as well as lovers, to which, with all that time and distance can effect, the “ untravelled heart” will still return, and cling the closer for the separation of the past.

Of a design thus formed and quickened into life, the writer now presents the first fruits. If, to the reader, they bring neither interest nor information, where both were promised, let him remember, that to the writer they are associated with the cherished projects of his youth; and if he has been deluded by the hope of affording pleasure or instruction to others, where he has found both, he is only the victim of a common error. If he could but hope to effect one purpose, he would ask no greater boon. The

PREFACE.

v history of his native State abounds with recollections that would adorn any people : her sons have been conspicuous for every talent and virtue that lends dignity to human nature; and her institutions dispense freedom, security, and happiness to the citizen. Yet where are her memorials of the past, to teach whence sprang the enjoyments of the present; and to give value and permanence to her liberties, by the knowledge of the perils through which they have gone? All have passed, or are passing into oblivion; and after the lapse of two centuries, we are yet a new people, with scarcely a single monument or cherished remembrance of the past, around which State pride may cling. The originals of many of our Institutions, are lost to public view: the spirit, nay, the very form of others, are scarcely understood; and our Constitution and laws have almost become a mystery, to be solved only by the oracular responses of the favored few, who have had the means and leisure to explore them. Intent upon the present, we seem to have forgotten that the great secret of national advancement consists in the cultivation of a proper national pride; and that the elements of this pride exist in the associations of a nation’s history, and in the devotion to her institutions which springs from a knowledge of their nature and ends. By these the citizen is identified with his country, and subjected to the influence of feelings and impulses, which, in times past, have made men heroes and patriots, and conducted whole nations to freedom. The welfare and advancement of the State, are thus made objects of individual interest; and in the engrossing desire to advance its character, all petty jealousies and rivalries are merged. If such is the natural result of a proper State pride, where is the State whom it behooves more sedulously to cultivate it, than that in which we dwell? If the writer’s humble efforts can contribute in any degree to promote it, by rendering the people of Maryland more familiar with its history and institutions, or by tempting others of more ability to improve the beginning he has made, his highest aims are reached.

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PREFACE.

It is unnecessary to detail the plan of this work. It is its own interpreter : and to explain its purposes in advance, is like detaining the traveller upon the threshold, to describe to him the mansion he is about to enter. Prefatory sketches are, commonly, but so many glimpses of the promised land , to tempt the reader to the travel : but there is a better lure, in the impulses of unsatisfied curiosity. There is at least a greater probability in the latter case, that the reader will get beyond the preface. In this volume, no attempt has been made to investigate the History and condition of the Indians of Maryland : but the writer is not without hopes, that he will be enabled to attach to the second volume a memoir of some interest upon this subject. In the Appendix to the second volume will be found a list of the officers who have filled the higher provincial and State offices, extending from the colonization to the present day, and designating the times of their appointment and removal : and a series of statistical tables, relative to the population, commerce, and manufactures of the State, and of its principal towns. All else of the plan, that is not developed in this volume, will appear in proper season.

Whatever may be thought of the plan, or of the manner of its execution, the reader, in passing upon them, will call to mind the intrinsic difficulties of the attempt. To sketch the history and describe the institutions of a people, is no light undertaking, even when the materials are abundant, and are already collected for reference. Yet when it is accomplished with such aids, it is an easy and delightful task, in contrast with the labors of the present effort. In most of his researches, the writer has had no pioneer : and he has been compelled to rely principally, for the sources of his information, upon unpublished and imperfect records, the very perusal of which, if inflicted as a punishment, would be intolerable. Fortunately for him, the labor was alleviated by the kind attentions of the State Officers, having the custody of the public records, who were ever ready to

PREFACE.

Vil assist him in his researches and share his toils. Deeply sensible of these attentions, he cannot suffer the occasion to pass without thus publicly tendering his acknowledgments for them, to Mr. Ridgely, the State Librarian, Mr. Brewer, the Register of the Land Office, Mr. Pearce, the late Clerk of the House of Delegates, and Mr. Murray, the late Clerk of the Council. To his friend, Mr. Jonas Green, of Annapolis, he is indebted, as the reader will perceive, for some of the most valuable information which this work embodies ; information furnished with that peculiar kindness of manner, which strives to break the weight of obligation, by seeming rather to be the receiver than the giver of favors. To Mr. James Carroll, and Mr. Fielding Lucas, Jun., of Baltimore, he is indebted for several rare works, which he had occasion to consult in the course of his researches : and Mr. Carroll also kindly submitted, for his perusal, some very interesting memoranda, of his own collection, in reference to the Provincial Government. Mr. Horatio Ridout of Anne Arundel, as soon as he was apprised of the writer’s intentions, transmitted to him a record of all the correspondence of Governor Sharpe, during his long administration of this Province. This record was made by the father of Mr. Ridout, the acting Secretary of Governor Sharpe, and is full of interesting details, relative to the internal polity of this Province, and the operations of the colonies generally, during the French war, which was closed by the treaty of Paris. Unfortunately it was not received, nor was the writer aware of its character, before that part of this work which particularly relates to Gov. Sharpe’s administration, had gone to the press ; but he still hopes to avail himself of some of its most interesting portions, in the succeeding volume. None but those who have engaged in such undertakings as the present, can know how grateful such attentions are ; and none but the ungrateful can fail to remember, and acknowledge them.

Attached to a profession upon which he depends for support, the writer has been compelled to make the purvm

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suits of this work, in reference to his general employments, what Madame De Stael has said love is in the history of man, a mere episode. But, to accomplish this in the few months which have elapsed since it was commenced for publication, he has found it necessary to devote to it many of the hours due to sleep and exercise, and often to bring to the task a languid and exhausted frame. Yet even with all the inequalities and imperfections which such a manner of writing is calculated to impart, he was unwilling to abandon a design which could not otherwise have been effected.

Alike its author, this work has had no patron to usher it into public view, and it must make friends as it goes. The generous mind will appreciate its difficulties, and make due allowance for its imperfections. To those who look upon the approbation of others’ efforts as the office of inferior minds, and the art of finding faults as the evidence of their own superiority, the author has but one admonition to give. If respected, it will relieve him from that class of critics, who, like certain insects, annoy more by their buzz than their sting. It is couched in the language of an old Maryland poet;

Let critics, that may discommend it,

mend it.

Baltimore, February 1 2th, 1831.

Introduction

' , 1

Chapter I

Of the grant and territorial limits of the State of Maryland.

Original extent of the Province, page 1 — The antecedent grants to the London and Plymouth Companies, 2— New and exclusive grant to the Plymouth Company, 3 — The settlements within the Plymouth grant, anterior to the Charter of Maryland, 4 — The several Charters to the London Company, and their resumption by the crown, 5 — Clayborne’s settlements, 6 — The grant of Maryland, and how obtained, 8 — The various Sources of the Territorial Controversies in which the Proprietaries of Maryland were involved, 10 — Objections to the Charter on the part of the colonists of Virginia, ib. — Clayborne’s flight and attainder, 14 — His petition to the King in council, and the order in council thereon, 15 — Clayborne and Ingle’s rebellion, 17 — Proceedings of Clayborne and others, as Cromwell’s commissioners, ib. — Controversies with Virginia, growing out of the settlements on the Southern part of the Eastern Shore, 18 — Final adjustment of Watkin’s Point, and the line thence to the ocean, 20 — Swedish and Dutch Settlements along the Delaware, 21 — Proprietary’s efforts to remove them from his territory, 23 — Reduction of them by the Duke of York, 25 — Grant of Pennsylvania, 26 — Penn’s grant from the Duke of York, and his negotiations with Baltimore, 27 — Objections urged against the Charter of Maryland, 30 — Baltimore’s efforts to make Settlements on the disputed Territory, 31 — Adjudication of the Board of Trade and Plantations, ib. — State of the Controversy from the order of 1685 until 1718, 33 — State of the Controversy from 1718, until the agreement of May, 1732, 36 — Agreement of May 10th, 1732, 38 — Baltimore’s application to the King in council, and result of it, 39 — State of the Boundaries from the agreement of 1732, until the decree thereon in 1750, 40 — Decree upon the Agreement of 1732, 41 — Proceedings of the Commissioners under this Decree, 42 — Death of Charles Lord Baltimore, and the efforts ofthenew Proprietary to resist the Decree of 1750, 43 — The final agreement of 4th July, 1760, 44 — Savings under it, 45 — Proceedings of Commissioners under it, and their final report, ib. — New sources of controversy, 49 — Grant of the Northern Neck, 50 — The extension of the claim under these grants to the North Branch, 51 — Course pursued by the Proprietary of Maryland, ib. — The previous adjustment of the Boundaries between the government of 2

X

CONTENTS.

Virginia and Lord Fairfax, 53 — Causes which suspended the controversy between the two Proprietaries until the Revolution, 55 — Effect of the Revolution upon it, 58 — Virginia cedes to Maryland all the Territory given by her charter, subject to certain Reservations, 59 — These Reservations secured to her by compact with Maryland in 1785, 60 — General view of this compact of 1785, 61 — Efforts for a settlement of the Boundary from the period of this compact until the passage of the act of 1818, 63 — Maryland Act of 1818, and the issue of the negotiations under it, 67 — Present policy of Maryland, 68 — Extent of her present Rights, 69 — Remedies open to her, 71.

Chapter II

Of the Civil Divisions of the State of . Maryland.

Of the Shores, 74 — Of the Counties, 79 — Of the Districts, 97.

CHAPTER m.

Of the Sources of Maryland Law.

Of the Introduction and present Operation of the Common Law, 106 — Of the Introduction and Operation of the English Statutes under the Proprietary government, 116.

HISTORICAL VIEW.

CHAPTER I.

Of the Proprietary Government of Maryland.

Connexion of the Colonial history of Maryland with its present Government and condition, 133 — Utility of the recollections which belong to the history of her Proprietary government, 134 — General effect of a Nation’s history upon its character, 135 — Preservation of its history a part of its national duties, 136 — Peculiar utility of the Colonial history* of these United States, in illustrating the origin and determining the proper character of our Federal Government, ib — Objects of this chapter, 138 — The three general forms of Colonial government established within the English colonies of North America, 139 — Peculiar advantages of the most favorable forms of Proprietary government, 140 — The Proprietary government of Maryland of the most favorable form, 141 — Advantages resulting from the grant of Maryland to a single proprietary, 142 — These advantages illustrated in the histories of Maryland and Pennsylvania, 143 — General fate of the Proprietary governments of a different description, ib. — Extent and distribution of the Legislative power under the charter of Maryland, 144 — Control of the Proprietary over the form and existence of the Assemblies, and how modified, 146 — General results of the Legislative power, 148 — Nature of the Proprietary power to pass Ordinances, 149 — Extent of its actual exercise, 150 — The Executive powers incident to the Proprietary government, 151 — Origin, nature and extent of the Palatinate jurisdiction attached to it, 152 — Policy of the English government in its extensive grants of juris-

PREFACE.

Xl diction to the Colonial governments, 153 — The jurisdiction conferred upon the Proprietary of Maryland peculiarly extensive, 154 — The mere civil powers : and firstly, those relating to the creation of the offices, and the appointment of the Officers of the Province, 155 — Tendencies of this Proprietary power, and how restrained and corrected, 157 — 2dly, The powers of erecting towns and cities, and conferring dignities and titles of honor, 158 — 3dly, The power to pardon offences, 159 — Military powers of the Proprietary under the charter, ib. — Restrictions imposed upon these military powers by the legislation of the Province, 160 — General course of the English government as to the commerce of the American colonies, 161 — The early policy of that government illustrated in the commercial privileges granted by the charter of Maryland, 162 — Peculiar nature and efficacy of the charter exemption of its commerce from the taxation of the English government, 163 — The system of restrictions upon the commerce <of the colonies introduced and established during the reign of Charles I., 164 — First reception and final establishment of this restrictive system within the Colony of Maryland, 165 — Ecclesiastical powers of the Proprietary, 166 * — Personal rights and revenues of the Proprietary, 167 — Nature and tenure of the Proprietary’s interest in the soil of the province, ib. — His power to make sub-grants of the lands of the Province, and the tenure of those sub-grants, 168 — The manner in which it was exercised, ib — Sources of the Proprietary’s land revenue, 169 — Quit Rents, ib. — Caution money, 172 — Alienation fines, 174 — Proprietary revenue arising from other sources, 175 — Port, or Tonnage Duty, 176— The Tobacco Duty, 178 — The revenue from common law fines and forfeitures, and amerciaments, 181 — Personal rights incident to the office and dignity of the Proprietary, 182.

CHAPTER II.

The History of the Government of Maryland from the Colonization until the Protestant Revolution.

Eras in the Colonial history of Maryland, 185 — The Colonial history of Maryland, distinguished more by results than by incidents, 186 — Causes which diminish the interest of colonial history generally, ib. — Deficiency in the materials necessary for the early history of colonies, 187 — The Colonial administration of Maryland not calculated to evolve striking incidents, 188 — Limited designs of this Historical View, and peculiar difficulties in its accomplishment, 189 — The desire for civil and religious liberty, the primary cause of the settlement of the English colonies in. North America, 190 — The circumstances which gave peculiar energy to this desire, 191 — Operation of these in producing the colonization of Maryland, 192 — Establishment of the first colony under the charter of Maryland, 194 — Sagacious policy of the Proprietary in the establishment of the colony, 196 — Dissatisfaction of the Virginia settlers with the grant of Maryland, and its permanent influence upon the relations between the two colonies, 199 — This dissatisfaction increased and the tranquillity of the Province first inter-

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CONTENTS.

rupted by the intrigues of Clayborne, 200 — The Indian war of 1642, 201 — ■ Ciayborne and Ingle’s rebellion, in 1644, ib. — The course of the government and colony of Maryland, with reference to the collisions of the mother country, 202 — Departure from it in one instance, 203 — Proceedings of the Parliament and Council of State for the reduction of the colonies adhering to the royal cause, 204— Submission of the Proprietary government to the Parliament commissioners, 205 — Usurpation of the government by these commissioners, in the name and under the authority of the Protector, 206 — Fruitless efforts of Governor Stone to regain the government, 207 — Revival of the Virginia claims in opposition to the restitution of the Proprietary, ib — Course of the Protector with reference to these conflicting claims to the Province, 209 — Condition of the Province favorable to the Proprietary claim, ib. — Rise and character of Josias Fendall, 210 — Fendall commissioned as governor by the Proprietary, and the Province fully surrendered to him in March, 1658, 211 — His intrigues for the overthrow of the Proprietary dominion, 212 — Proprietary power re-established by Gov. Philip Calvert, in Nov. 1660, 213 — Administration of the government from 1660 to 1676, 214 — Accession of Charles Calvert as Proprietary, 215 — He departs for England; in 1676, triumphs over the objections to his government, and returns to Maryland in 1680, ib. — The government administered from this period until May, 1684, by the Proprietary in person, and character of his Administration, 217 — Danger to his government from the inclinations of the crown, ib. — The jealousies of the crown enhanced by the opposition to the restrictions imposed upon the trade of the colony, 218 — Return of the Proprietary to England in May, 1684, and the state of his rights there, 219 — The charter of Maryland rescued from destruction by the Protestant Revolution, 220 — Overthrow of the Proprietary government in 1689, ib. — Character of Cecilius and Charles Calvert, and the results of their Administrations, ib. — Population of the colony during this era, 222 — Occupations and trade of the colony, 224 — State of their currency, 225 — Public Press in the Province during this era, 226 — Religious liberty in the Province during this era, ib.

CHAPTER III. History of the Royal Government of Maryalnd

The Protestant Revolution in Maryland, 229 — Barrenness of our Records, in all that would illustrate the causes and progress of this revolution, 230 — Condition of the Protestant inhabitants before that Revolution, 232 — The Proprietary relations with the crown, at the period of its occurrence, 233 — Assembly transactions immediately before its occurrence, 234 — Timid policy of the deputy governors, ib. — Results of that policy, 236 — Origin and triumph of the Protestant association, 237 — Character and motives of John Coode, its leader, 238 — Proceedings of the Associators after the overthrow of the Proprietary government, 239 — Royal government established in Maryland, 241 — First Assembly under the new government, 242 — The church of England established by law, 243 — Its establishment d novelty in

CONTENTS.

xm the history of the Province, ib — Consequences of its establishment, 244 — Condition of the Protestant Dissenters under the new government, 245 — Proprietary rights and interests not affected by the Revolution, 246 — These private and personal rights sustained by the crown, 247 — Ultimate disposition of these rights, 248 — Adjustment and condition of the Proprietary’s Land Rights during this era, 249 — City of St. Mary’s, 250 — Influence of the Protestant revolution upon its rank and privileges, 252 — Removal of the government from St. Mary’s, ib — Place selected in its stead as the seat of government, 253 — Growth of Annapolis, and downfall of the city of St. Mary’s, 254 — Annapolis erected into a city, Provisions of its charter, 255 — Assembly Proceedings as to its charter, 256 — Ultimate rank and condition of Annapolis under the Proprietary government, 257 — Political liberties of the colony not affected by the change of government, 259 — Administrations of Copley and Andros, 260 — Administration of Governor Nicholson, ib. — Its peculiar traits, 262 — External relations of the colony during his administration, 263 — Public Post established, 266 — Administrations of Governors Blackiston, Seymour, and Hart, 267 — Attempts during these Administrations, to destroy the charter governments, ib. — Opposition of the colony to the scheme of a general union of the colonies in 1701, 270 — New attack upon the charters in 1715, 271 — Sources of information as to the statistics of the colony during this era, 272 — Its trade and pursuits generally, 274.

CHAPTER IY.

History of the Government of Maryland, from the restoration to the treaty of Paris.

Suspension of the Proprietary government not attributable to mal-administration, 277 — True cause of its suspension, 278 — Restoration of the government, ib. — Its effects upon the colony, 279 — Exclusive character given to it by new test oaths, 280 — General results of the Proprietary administration during this era, 281 — Controversy about the extension of the English statutes, 283 — Disputes about the Proprietary revenue, ib. — Indian treaty of Lancaster, 286 — State of the Colony during the interval between that treaty and the French war, 288 — Death of the Proprietary and character of his administration, 289 — Course of Maryland during the French war of 1754, 290 — Origin and objects of this war, 292 — Policy of the Assembly at the opening of this war, 294 — Transactions of the province in connexion with the proceedings of the Albany Convention, ib. — Assembly proceedings in July, 1754, 296 — Inactivity of the colony during the campaigns of 1754 and 1755, 297 — Controversy about the duty on ordinary licenses, 298 — Character of that relative to the duty on convicts, ib. — Propriety of the eourse of the Lower House as to these controversies, 302 — Unprotected condition of the frontiers, at the close of the campaign of 1755, 303- Efforts of the Assembly to put them in a state of defence, 305 — New disputes about a system of revenue, between the two houses of Assembly, 306

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CONTENTS.

—Characteristic features of the system sustained by the Lower House, 308 — Opinion of Lord Camden upon this system, 309 — Effect of it upon the Lower House, 311 — Governors, 313— Population, ib — Commerce of the colony, 315 — Its Manufactures, 316.

CHAPTER V. History of Maryland from the passage to the repeal of the Stamp

Act.

Results of the treaty of Paris, 319 — The preservation of the French power in Canada favorable to the liberties of the colonies, 321 — Degree of colonial dependance before the Protestant revolution, ib. — The further extension of it suspended until the Revolution, by the condition of the mother country, 322 — Circumstances in the after-condition of the colonies, conspiring to protect colonial liberties, 323 — Entire supremacy, the constant aim of the English government, 325 — Effect of the late war upon this design, ib. — Sentiments of the people of Maryland as to the right of taxation, 326 — Pretexts for the Stamp tax, 328 — Policy in the manner of its imposition, 330 — Preliminary measures of the English ministry, ib In-

fluence of these measures upon the colonies, 331 — Relative merits of the colonies in originating the resistance to the Stamp Act, 332— The course of Maryland, 333 — Causes which prevented the early action of her Assembly, 334 — Early and decisive indications of the sentiments of her peoplej-335— Hood, stamp-distributor for Maryland, 337— His reception in the colony, 338 — His expulsion and ultimate fate, 340 — First Assembly after the Stamp ^Act, 342— Its proceedings upon the proposition for a general congress, 344 — Its resolves against the Stamp Act, ib — Disposition of the Stamp Paper, 347 — Character of the Proceedings of this Assembly, 348 — Political Essays of that period, ib.— Essay of Daniel Dulany of Maryland, against the Stamp Act, 349— Its outlines, 350— The remedy against colonial oppression indicated by it, 351— Proceedings of the Continental Congress, 355 Policy of the English ministry at this period, 357 — Actual op-

eration of the Stamp Act in Maryland, 359 — Origin and results of the Association of the Sons of Liberty , 360— Inefficacy of the Stamp Act in the colonies generally, 362— Opposition in England, ib.— Absolute repeal of the Act, 363.

CHAPTER VI. History from the Stamp Act to the Revolution

Character and results of the repeal of the Stamp Act, 365— Influence of the Stamp Act controversy upon the colonies, 366 — Revival of the design to tax the colonies, 367 — Nature and policy of the measure selected for its accomplishment, 368— Duty Act of 1767, and the acts accompanying it,

369 Opposition of the colonies, and proceedings of Massachusetts, ib. —

Attempts to enlist the Assembly of Maryland against the designs of the Massachusetts Circular, 370— Message of the Lower House elicited by

CONTENTS.

XV these attempts, 371 — Proceedings of the Lower House in opposition to the duty act, 373 — Character of these proceedings, ib. — Non-importation Association, 375 — General revival of it, 376 — Its adoption in Maryland, 377 —Its results, 378 — General secession from in 1770, 379 — Proclamation and vestry act question, 380 — Circumstances which gave rise to the Proclamation, 381 — The Proclamation: its object and expedience, 383 — Parties formed upon it, 385 — Course of the Lawyers of Maryland, ib. — Daniel Dulany, the defender of the proclamation, 387 — Controversy upon this subject between Dulany and Charles Carroll, of Carrollton, 388 — Character of their essays, 389— Results of the discussion, 391 — Discussion between Mr. Hammond, and Messrs. Chase, Johnson and Paca, 392 — Proceedings of the Lower House in 1771, in opposition to the proclamation, 394 — New election in 1773, 396 — Origin of the Yestry Act question, 397, — Condition of the church establishment, 398 — Grounds and conduct of the controversy upon the Yestry Act, 399 — Attempts of the East India Company to introduce Tea into America: and their results, 401 — Boston Port Bill, and its reception in Maryland, 402 — General Convention at Annapolis, 404 — Tea burning at Annapolis, 408 — Proceedings of the first Continental Congress, 410 — Association recommended by it, adopted by the Maryland Convention, 411 — General efficacy of this Association, ib. — Mode in which enforced in Maryland, 412 — Preparations for hostilities, 414 — Adoption of a Provisional Government, 415 — Synopsis of the Provisional Government, 416 — Modifications of this Government, 421 — Its character and results, 423 — Its objects, 424 — Independence, not the original design of the colonies, 425 — Objects of the colonies in their repeated disclaimers of this design, 426 — Instructions of the Convention to the Delegates in Congress, of 12th Jan. 1776, 427 — Declaration of 18th Jan. 1776, 429 — Course of this colony upon the proposition to declare independence, ib. — Its concurrence in the proposition, 431 — Maryland Declaration of Independence, 432.

CHATER Vn.

Distribution of the Legislative power under the State Government of Maryland.

CHAPTER VIII. Organization of the House of Delegates

Qualifications of voters, 443 — Qualicationfis for the office of Delegate, 448 — The manner of election, 453 — Peculiarities of these elections in the cities of Baltimore and Annapolis, 62 Elections to fill vacancies, 463- Distribution of the right of represent .ion, 464 — Tenure and compensation of the office of Delegate, 472.