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REYNOLDS HISTORICAL GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 02252 0099
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Digitized by the Internet Archive in 2016
https://archive.org/details/historicalviewof01mcma 0
AN
HISTORICAL VIEW
OF THE
GOVERNMENT OF MARYLAND,
V.I.
183
FROM ITS
COLONIZATION TO THE PRESENT DAY.
BY JOHN V. L. MCMAHON.
VOL. I.
Daltimore: PUBLISHED BY F. LUCAS, JR. CUSHING & SONS, AND WILLIAM & JOSEPH NEAL 54010 Lucas & Deaver, print. 1831. 563
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DISTRICT OF MARYLAND, 88.
Be it remembered, That on this twelfth day of February, in the fifty-fifth year of the Independence of the United States of America, John V. L. McMahon, of the said district, hath deposited in this office, the title of a book, the right whereof he claims as author, in the words following, to wit:
"An Historical View of the Government of Maryland, from its Colonization to the Present Day .- By John V. L. McMahon .- Vol. I."
In conformity to an Act of the Congress of the United States, entitled, "An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the times therein mentioned," and also to the Act, entitled, "An Act supplementary to the Act, entitled, An Act for the encourage- ment of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies during the times therein mentioned, and extending the benefits thereof to the arts of Designing, Engraving, and Etching historical and other Prints."
PHILIP MOORE, Clerk of the District of Maryland.
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PREFACE.
PREFACES were formerly called "apologies to the rea- der:" and although they have changed their name, they have not lost their original nature. They assume, for the reader, that he is ignorant of the subjects upon which the writer professes to instruct him; and for the writer, that he has enjoyed means of information denied to the reader. The writer of this work has no apologies to make, on its behalf, for any such assumptions. If it presupposes, that the people of Maryland require information upon its topics, it proceeds only upon what has been universally admitted with regret. If it implies that its writer has any peculiar knowledge to impart, he can at least say, that he has drawn it, principally, from records, and other memorials, of which the moth and rust, those decayers of all earthly things, have been the sole proprietors for more than half a century. If it claims for him competency to the task he has undertaken, it only arrogates the liberty of attempting, what all have declined, and many have pronounced im- practicable.
Like most other undertakings, the design of this work, as now accomplished, extends far beyond the original pur- poses of its author. At a very carly period of his profes- sional life, he began the task of collecting and arranging the materials for an Elementary Treatise upon the Laws and Institutions of the State. When this design had nearly progressed to accomplishment, our Legislature was pleased to direct a general revision of the laws, which, under the
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extensive powers confided to the revisors, might have re- sulted 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
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PREFACE.
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 respon- ses 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 sub- jected to the influence of feelings and impulses, which, in times past, have made men heroes and patriots, and con- ducted whole nations to freedom. The welfare and advance- ment of the State, are thus made objects of individual interest; and in the engrossing desire to advance its cha- racter, 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 ren- dering the people of Maryland more familiar with its his- tory 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 de- scribe to him the mansion he is about to enter. Prefatory sketches are, commonly, but so many glimpses of the prom- ised 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 condi- tion of the Indians of Maryland : but the writer is not with- out 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 princi- pal 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 ac- complished 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 allevia- ted by the kind attentions of the State Officers, having the custody of the public records, who were ever ready to
PREFACE.
assist him in his researches and share his toils. Deeply sensible of these attentions, he cannot suffer the cocasion to pass without thus publicly tendering his acknowledgements 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; informa- tion 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 interest- ing 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 inten- tions, 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. Ri- dout, 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 colonics gene- rally, 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 ungrate- ful 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 pur-
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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.
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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 12th, 1831.
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CONTENTS.
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INTRODUCTION.
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 Lon- don 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 In- gle's rebellion, 17-Proceedings of Clayborne and others, as Cromwell's commissioners, ib .- Controversies with Virginia, growing out of the settle- ments 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 Settle- ments 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, 33-Baltimore's appli- cation to the King in council, and result of it, 39-State of the Bounda. ries from the agreement of 1732, until the decree thercon in 1750, 40 -- Decree upon the Agreement of 1732, 41-Proceedings of the Commission- ers under this Decree, 42-Death of Charles Lord Baltimore, and the efforts of the new 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
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Virginia and Lord Fairfax, 53-Causes which suspended the controversy be- tween the two Proprietaries until the Revolution, 55-Effect of the Revo- lution upon it, 58-Virginia cedes to Maryland all the Territory given by her charter, subject to certain Reservations, 59-These Reservations se- cured 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-Ma- ryland Act of 1818, and the issue of the negotiations under it, 67-Pre- sent 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 III. 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 Pro- prietary 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 Fede- ral Government, ib .- Objects of this chapter, 138-The three general forms of Colonial government established within the English colonies of 4 North America, 139-Peculiar advantages of the most favorable forms of Proprietary government, 140-The Proprietary government of Mary- land 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 Pro- prietary governments of a different description, ib .- Extent and distribu- tion 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, 14S-Nature of the Proprietary power to pass Ordinances, 149-Extent of its actual exer- cise, 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-
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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 Pro- prietary power, and how restrained and corrected, 157-2dly, The powers of erecting towas and cities, and conferring dignities and titles of honor, 159-3dly, The power to pardon offences, 159-Military powers of the Pro- prietary 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 privi- leges granted by the charter of Maryland, 162-Peculiar nature and effi- cacy 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 Ma- tyland, 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 pri-, mary 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-Esta- blishment of the first colony under the charter of Maryland, 194-Saga- cious 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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rupted by the intrigues of Clayborne, 200 -- The Indian war of 1642, 201- Clayborne and Ingle's rebellion, in 1644, ib .- The course of the govern- ment 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 govern" ment to the Parliament commissioners, 205-Usurpation of the government by these commissioners, in the name and under the authority of the Pro- tector, 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 conflict- ing claims to the Province, 209-Condition of the Province favorable to the Proprietary claim, il .- 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 over- throw of the Proprietary dominion, 212-Proprietary power re-established by Gov. Philip Calvert, in Nov. 1660, 213-Administration of the govern- ment from 1660 to 1676, 214-Accession of Charles Calvert as Proprieta- ry, 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 per- son, and character of his Administration, 217-Danger to his government from the inclinations of the crown, ib .- The jealousies of the crown en- hanced 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 de- struction by the Protestant Revolution, 220-Overthrow of the Proprietary government in 1639, 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-Reli- gious 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 over- throw of the Proprietary government, 233-Royal government established in Maryland, 241-First Assembly under the new government, 242-The church of England established by lone, 243-Its establishment a novelty in
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the history of the Province, ib .- Consequences of its establishment, 244- Condition of the Protestant Dissenters under the new government, 245-Pro- prietary rights and interests not affected by the Revolution, 246-These private and personal rights sustained by the crown, 247-Ultimate dispo- sition 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-Po- litical liberties of the colony not affected by the change of govern- ment, 259-Administrations of Copley and Andros, 260-Administra- tion of Governor Nicholson, ib .- Its peculiar traits, 262-External re- lations of the colony during his administration, 263 -- Public Post establish- ed, 266-Administrations of Governors Blackiston, Seymour, and Hart, 267-Attempts during these Administrations, to destroy the charter gov- ernments, 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.
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