USA > Maryland > An historical view of the government of Maryland : from its colonization to the present day > Part 11
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Population of Somerset in 1791, 15,610-in 1801, 17,348- in. 1811, 17,195-in IS21, 19,579.
DORCHESTER COUNTY, which was formed about the year 1669, appears to have included originally all that part of the province lying between Talbot and Somerset. The proclamation, or or- der in council, by which it was erected, has not been discovered
(27) The description of the bounds of Somerset county by this Act of 1742, chap. 19, is as follows: " beginning at Watkin's point, and thence running up Pocomoke bay to the mouth of Pocomoke river, and up and with said river to the mouth of Dividing creek; thence up the westernmost side of the said creek to the bridges called ' Denstone's bridges;' thence west to the main road call- ed ' Parahawkin road;' thence up and with the said road to John Caldwell senior's saw mill; thence up and with the said road, over Cox's branch to Broad creek bridge, and down the said branch and creek into Nanticoke river; thence down the said river with Dorchester county to the mouth thereof ; and thence, including all the Islands formerly deemed to be in So- merset county, to Watkin's point ; and all the remaining part of what is now reputed to be within the county of Somerset to the extent of the province, to be, and be called Worcester county." No change has been made in this de- scription of the bounds, except by the adjustment of the Maryland and Dela- ware, under the agreement of 1760, between the Penns and Lord Baltimore, for which see Antea, chap. Ist. page.
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in the course of our researches. In 1706, when Queen Anne's county was created, the northern limits, of Dorchester were determined by the bounds assigned to Queen Anne's and Talbot, by the Act of 1706, chap. 3d. The effect of this Act was to give to the former, as its northern boundary, the Chop- tank river from its mouth to Tuckahoe creek, thence up Tucka- hoe creek to the mouth of the Whitemarsh branch, and thence a north east line to the extent of the province. Caroline county being formed in 1773, by the Act of 1773, chap. 10, out of parts of Dorchester and Queen Anne's counties, Dorchester then re- ceived its existing northern limits, which begin at the mouth of the Choptank, and run thence up the Choptank to the Tuckahoe to Hunting creek, and with that creek, by artificial lines particu- larly described in the Act, to the Delaware line. On the east, Dorchester is bounded by the Delaware line, as adjusted under the proprietary's agreement of 1760. (28) On the south, it has always been separated from Somerset by the Nanticoke; and on the west, it has always been bounded by the bay.
Population of Dorchester in 1791, 15,875-in 1801, 16,316 -in 1811, IS, 108-and in 1821, 17,759.
CECIL COUNTY was created in 1674, by the proclamation of governor Charles Calvert, which described its bounds to be "from the mouth of the Susquehanna river down the eastern side of the bay to Swan point; thence to Hell point, and so up Chester river to the head thereof." These bounds were slightly varied by a proclamation issued a few days afterwards, and so remained until they were finally ascertained by the Act of 1706, chap. 3d, which enacts " that Cecil County shall contain all the lands on the north side of Sassafras river and Kent county, and shall be bounded on the east and north by the bounds of the province, on the west by the Susquehanna and the bay, and on the south by the Sassafras river and Kent county."
Population of Cecil in 1791, 13,625-in IS01, 9,01S-in 1811, 13,066-and in 1821, 16,018
PRINCE GEORGE'S COUNTY, as described by the Act creating it, viz. the Act of 1695, chap. 13, included all the territory lying
(28) For a view of the adjustment of the boundaries of this county, by the bounds assigned to Talbot, Queen Anne's and Caroline, sce the descriptions of the bounds of those counties.
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north of the Mattawoman and Swanson's creek, and a straight line connecting their heads; and between the rivers Patuxent and Potomac. On the south, no change has been made in the line dividing it from Charles, except that effected by the act of 1748, chap. 14, which has already been noticed in our remarks upon Charles county. In 17-18, this county received its first de- - finite western limits by the creation of Frederick county, from which it was separated by a straight line, beginning at the lower side of the mouth of Rock Creek, and running thence with Hyatt's plantation to the Patuxent river. Since that period, no change has been made in its bounds, except by the interposition of the District of Columbia, which has given to it, as its present southern and western boundaries, the Potomac river until it meets the lines of the District, then with those lines lying in Maryland until they intersect the former line from Rock creek, and with that line to the Patuxent. On the north and west, it has always been separated from Anne Arundel and Calvert by the Patuxent river.
Population of Prince George's in 1791, 21,3.14-in 1801, 21, 185 -in 1811, 20,589-and in IS21, 20,216.
QUEEN ANNE'S COUNTY was created by the act of 1706, chap. ". 3d, and its bounds remain as established by that act, the act of 1773, chap. 10, and the adjustment of the Maryland and Dela- ware lines. On the north it is separated from Kent county by the Chester river. On the east it is bounded by the Delaware and Maryland line. On the south, it is separated from Talbot and Caroline counties by the Wye river, and an artificial line run- ning thence to the Tuckahoe creek, already adverted to as the northern line of Talbot, and thence with the northern line of Ca- roline county to the eastern limits of the State. (29)
(29) The bounds of Queen Anne's, as described by the act of 1706, chap. 3d, are, "that after the 1st May, 1707, the Island called Kent Island, and all the land on the south side of Chester river to a branch called Sewell's Branch, and with the said branch to the head thereof, and from thence with an east line to the extent of the province, and bounded on the south with Talbot county to Tuckahoe bridge, and from thence with Tuckahoe creek and Chop- tank river to the mouth of a branch falling into the said river, called the Whitemarsh Branch, and thence with a NE line to the extent of the pro- vince, and bounded on the cast by the extreme bounds of the province. The
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Population of Queen Anne's in 1791, 15,463-in 1S01, 14,851 -in 1911, 16,648-and in 1821, 14,952.
WORCESTER COUNTY, as it now exists, was formed in 1742, by the act of 1742, chap. 19. A county of that name was erected in 1672, which began at the southernmost bounds of Rehoboth bay, and ran thence north up the seaboard to the South Cape of Delaware bay, and thence to Whorekill creek and up the bay to 40th degree of north latitude; but this, it will be perceived, inclu- ded merely the territory, claimed by Penn and his successors, and ultimately ceded to them by the agreements of 1732 and 1760, which are given in detail in the preceding chapter. The bounds of this county remain as determined by the act of 1742; and they are, on the west, the line between it and Somerset already de- scribed, and on the north, east and south, the lines of the State.
Population of Worcester in 1791, 11,640-in 1801, 15,570- in 1811, 16,971-and in 1821, 17,421.
FREDERICK COUNTY was created in 1748, by the act of 1748, chap. 15, and originally embraced the whole of the province ly- ing west of the western lines of Prince George's, Anne Arundel and. Baltimore counties. By the resolves of the Convention which formed our present State Constitution, adopted on the 6th of September, 1776, two new counties were formed out of por- tions of it, viz: Montgomery on the south, and Washington on the west. From the former of these, it is divided by a straight line running from the mouth of the Monocacy river to Parr's spring. At this spring, the lines of Frederick meet the lines of Baltimore county, and run thence to the Pennsylvania line, with . the western lines of the latter as adjusted by the act of 1750, chap. 13. (30) The bounds between it and Washington, as de- fined by these resolves, consist of a line beginning at the point at which the Pennsylvania line crosses the South mountain, and running thence along the summit of that mountain to the Poto- mac.
change in these produced by the creation of Caroline county, will appear from a description of the bounds of that county; and the lines of Queen Anne's re- main unaltered, except as affected by the creation of this county, and the ad- justment of the Delaware under the agreement of 1760, for which see chap- ter Ist.
(30) For the bounds between it and Baltimore county, as finally settled by the act of 1750, chap. 13, see Supra note (26) to this chapter.
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Population of Frederick in 1791, 30,791 -- in 1801, 31,523-in 1811, 34,437-and in 1821, 40,459.
HARFORD COUNTY was created in 1773, by the act of 1773, chap. 6th, which enacts "that its bounds shall begin at the mouth of the Little Falls of Gunpowder river, and run thence with said falls to the fountain head; thence north to the line of the pro- vince; thence with that line to the Susquehannah river; thence with that river to the Chesapeake bay; thence with the bay, in- cluding Spesutia and Pool's Islands, to the mouth of Gunpowder river; and thence up said river to the beginning." No change has been made as to its bounds since its creation.
Population of Harford in 1791, 14,976-in 1801, 17,624-in 1811, 21,258 -- in 1821, 15,924.
CAROLINE COUNTY was erected in 1773, by the act of 1773, chap. 10. It was formed out of parts of Dorchester and Queen Anne's; and its bounds, as described by that act, "begin at a point on the north side of the mouth of Hunting creek, in Dor- chester county, and run thence with that creek to the main road at James Murray's mill; thence with that road, by the White Chapel Parish Church, to the north west Fork bridge; thence with the main road (that leads to Cannon's Ferry) to Nanticoke river; thence with the said river to and with the exterior limits of Dorchester, to the exterior limits of Queen Anne's; thence with the limits of Queen Anne's to intersect the main road that leads from Beaver Dam Causeway to Dover town, in Kent county, upon Delaware; thence with the said road to the Long Marsh; thence with the said Marsh and stream of the branch of Tuckahoe creek to Tuckahoe bridge; thence with the said creek to Great Choptank river, and with said river to the place of begin- ning." No change has been made in these bounds, except by the act of IS25, chap. SI, which has authorised a slight variation of the line at one point for the convenience of a Mr. Noble, of Dorchester county ..
Population of Caroline in 1791, 9,506-in 1801, 9,181-in 1811, 9,453-and in JS21, 10,108.
WASHINGTON COUNTY was created the 6th September, 1776, by the resolves of the Convention that adopted our present State Constitution. On the cast, it is separated from Frederick by the line along the summit of the South mountain, already described
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as the line of Frederick, (31) On the south, it is bounded by the Potomac; and on the north, by the Maryland and Pennsyl- vania line, to the west; it originally included the whole province lying west of Frederick; but by the creation of Alleghany county, in 1789, Sideling hill creek became, and still continues to be its western boundary.
Population in: 1791, 15,822-in 1801, 18,650-in 1811, 18,730 -- in 1821, 23,075.
. MONTGOMERY COUNTY was created at the same time, and in the same manner, as Washington County ; and its bounds remain as then determined. It is separated from Frederick, on the north, by a straight line running from the southern side of the' mouth of the Monocasy to Parr's spring. On the north and east, from Anne Arundel by the Patuxent river. On the east and South, from Prince George's by the line already described as the western boundary line of Prince George's.
Population in 1791, 18,003-in 1801, 15,058-in 1811, 17,980 --- and in 1821, 16,400.
ALLEGANY COUNTY, the Joseph of the State, was created in 1789, by the act of 1789, chap. 29, and includes the whole extent of the State lying west of Sideling Hill creek, which divides it from Washington,
Population in 1791, 4,809-in IS01, 6,303-in 1811, 6,909 -- in 1821, 8,654.
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The bounds, which are assigned to the respective counties, de- fine the extent of their general county jurisdiction; but to obviate all difficulties, which might arise where two counties are divided by a navigable stream, the act of 1704, chap. 92, extends the ju- risdiction of every county lying on any navigable river which di- vides it from another county, from its own shore to the channel of such river. So that the channel of any such river is the line between the two counties It enacts, also, as to vessels riding at anchor in the channel of any such river, that process may be . served on board of such vessel by an officer of either county, giv- ing the preference to the first service, but that when the vessel
(31) See the several acts of 1810, chap. 6; 1823, chap. 00, and 1824, chap. 69, relative to the actual running of this line.
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is moored by any hold upon the land, she shall be deemed to be in that county to whose shore she is first fastened.
3. Of the Districts.
The civil divisions of the State, which are called Districts, are established for various purposes; but they all fall under the two genera of Judicial and Electoral Districts.
The Judicial Districts will be fully considered hereafter, when we come to treat of the courts with whose organization they are connected. It will be sufficient here to remark, that the State is divided into six judicial districts, for each of which, a chief judge and two associate judges are appointed, who constitute " the County Court," for each county within their district, and are invested with plenary civil and criminal jurisdiction. The Ist of these districts consists of St. Mary's, Charles and Prince George's counties. The 2d district of Cecil, Kent, Queen Anne's and Talbot. The 3d, of Anne Arundel, Calvert and Montgomery. The 4th, of Caroline, Dorchester, Somerset and Worcester. The 5th, of Alleghany, Washington, and Frederick. And the 6th, of Baltimore and Harford.
The Electoral Districts relate either to the elections under the Constitution of the United States, or those under the state go- vernment which are peculiarly called " the state elections." The elections under the former, for which the State is divided into districts, are either the elections for members of Congress, or for electors of President and Vice-President of the United States.
Maryland is, and has been for many years, entitled to elect nine representatives in the Congress of the United States; and under the power delegated to the States, by the 4th Section of the Ist Article of the Constitution of the United States, to regu- late the time, place and manner of holding the election for these, (subject to the superior power of Congress to alter such regula- tions or introduce new. ) The State is divided, by the existing act of 1605, chap. 97, section 2d, into eight congressional dis- tricts. Of these, St. Mary's, Charles and Calvert, constitute the Ist district. Prince George's and Anne Arundel, including the city of Annapolis, the 2d. Montgomery and that part of Freder- ick lying east of the Monocacy river, the 3d. Alleghany, Wash- ington, and the remainder of Frederick, the 4th. Baltimore
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city and county, the 5th. Harford, Cecil and Kent, the 6th. Queen Anne's, Caroline and Talbot, the 7th. And Dorchester, Somerset and Worcester, the 8th. Of these, cach district elects one. representative, except the 5th, which is entitled to elect two. (32)
The State of Maryland is also entitled to elect eleven electors - of President and Vice President, and the exclusive power is given to the legislature of each state to determine the manner of election. In exercise of this power, the State is divided, by the existing act of 1826, chap. 213, into nine electoral districts.
(32) Under the Constitution of the United States, (article Ist. section 2d,) the representatives of the states in the Congress of the United States are dis- tributed amongst the several states, according to the respective numbers of their citizens; and these numbers are estimated by adding to the whole num- ber of free persons within them, (including those bound to service for a term of years, and excluding Indians not faxed,) three fifths of all other persons. This principle of distribution extends also to the direct taxes levied under the authority of the United States; so that in the slave holding states, if their re- presentation is increased by the number of their slaves, so also are their taxes, and in the same proportion. Those who object so strenuously to this partial representation of the slave population in the slave states, always keep out of view this fact, that their taxation keeps pace with their representation.
The constitution having thus determined the apportionment, it has left to Congress the determination of the ratio: or, in other words, the aggregate number of representatives, subject only to the restriction, that the number of representatives shall not exceed one for every thirty thousand, and that cach state shall at least have one representative whether her population comes up to the ratio or not. (Constitution art. Ist. section 2d.) To carry into effect its principle of allotment, it directs, also, that an enumeration of the popula- tion should be made within three years after the first meeting of Congress, and within every subsequent term of ten years thereafter ; and it determined the number of representatives to which each state was entitled, until the first cen- sus was taken. Until the first census was taken, Maryland was entitled to six representatives ; and by the apportionment-in 1791, under the first census, she became entitled to eight representatives. Under the apportionment of the act of Congress of January 14th, 1802, predicated upon the census taken under the act of 28th February, 1800, she became entitled to nine represen- tatives; and has continued to retain that number under the successive appor- tionments of the acts of Congress of 21st December, 1811, and of 7th March, 1822. :
Under the first allotment, the State was divided into six districts, (each dis- trict choosing one representative, ) by the act of 1790, chap. 16, under which
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Of these, Calvert, St. Mary's and Charles, compose the Ist dis- trict. Prince George's and Montgomery, the 2d. Frederick, Washington and Allegany, the 3d. . Baltimore and Annapolis cities, and Anne Arundel, the 4th. Baltimore county, the 5th. Harford and Cecil, the 6th. Kent and Queen Anne's, the 7th. Talbot, Caroline, and the first election district of Dorchester, the Sth. Somerset, Worcester, and the remainder of Dorchester, the 9th. The third and fourth are each entitled to elect two electors; and the remaining districts one for each ; and the person elected must be a resident of the district for which he is so elected. (33)
St. Mary's, Charles and Calvert, composed the 1st district :- Kent, Talbot, Cecil and Queen Anne's, the 2d :- Anne Arundel, including Annapolis, and Prince George's, the 3d. Harford and Baltimore town and county, the 4th: 'Somerset, Dorchester, Worcester and Caroline, the 5th :- Frederick, Wash- ington, Montgomery and Alleghany, the 6th. In 1791, a new division was made to meet the apportionment under the first census, by the act of 1791, ch. 62,(the operation of which was postponed until that apportionment, by the act of 1791, ch. 87,) adapted to the alternatives of her being entitled either to eight or nine representatives. The apportionment giving her but eight, St. Mary's, Charles and Calvert, composed the 1st district :- Prince George's and Anne Arundel, including Annapolis, the 2d: Montgomery and Frederick, adjacent to the Monocacy, the 3d :- Alleghany, Washington and the remainder of Freder- ick, the 4th :- Baltimore town and county, the 5th :- Harford, Cecil and Kent, the 6th :-- Queen Anne's, Caroline and Talbot, the 7th :- Dorchester, Somerset and Worcester, the 8th. The existing act of 1805 adapted the districts to the increase of representatives.
(33) Under the Constitution of the United States, each state is entitled to elect as many electors as the number of her senators and representatives amounts to in the aggregate. This compound basis of distribution was the result of a compromise between the small and the large states. Under it, Maryland was entitled, after the adoption of the Constitution, and before the first apportionment in 1791, to eight electors; under the apportionment in 1791, founded upon the first census, to ten electors; and under the apportionment of 1802, and all which have been made since to eleven electors. (See next note supra.)
In the election of these electors, the general ticket system at first prevailed in Maryland. The act of 1790, chap. 16, which was predicated upon the allotment before the first census, permitted all persons, who were qualified to vote for delegates, to vote for eight electors ; of whom five were to be resi- dents of the western, and three of the Eastern Shore; and enacted that the five on the Western Shore, and the three on the Eastern Shore, having a plu- rality of votes, should be declared to be the electors. This system was kept
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up by the succeeding Act of 1791, chap. 62, and continued until 1795, when by the Act of 1795, chap. 73, the district system was adopted, and the State divided into ten districts ; of which St. Mary's, Charles and Calvert, formed the Ist :- Prince George's and Montgomery, the 2d :- Frederick, the 3d :- Washington and Alleghany, the 4th :- Baltimore town and Anne Arundel in- cluding the city of Annapolis, the 5th :- Baltimore county exclusive, and Har- ford, the 6th :- Cecil and Kent, the 7th :- Queen Anne's and Talbot, the 8th: . -- Caroline and Dorchester, the 9th :- and Somerset and Worcester, the 10th. Under the gerrymandering division of the Act of 1805, chap. 97, sect. 3d, adapted to the increase under the apportionment of 1802, the State was divi- ded into nine districts; of which the 5th, 6th, 7th, 8th and 9th, were the same as under the existing Act of 1826; and the rest different either in number or the manner in which composed. Under the Act of 1805, the 1st district. con- sisted of St. Mary's, Charles, and first election district of Prince George's- the 2d, of Calvert county; the remainder of Prince George's; and the 3d and 4th election districts, of Montgomery county-the 3d of the remainder of Montgomery, Anne Arundel, including Annapolis, and Baltimore city, and the 4th was the same as the third under the Act of 1826.
Many attempts have been made in Maryland to bring back this clection to the general ticket system ; but without success. It is the only system which will ever give to the State her proper weight in the election of a President. Under the present system, she seldom tells more than one ortwo clear votes in favour of any candidate; and her influence upon the election is, therefore, about equalto that of Delaware. The large states, in general, make a better use of their power; and perhaps Maryland would have been more careful in pre- serving her integral influence, had that influence been greater. Yet small as it may be, in contrast, there may be occasions on which her entire vote, cast one way or the other, will decide the election. The attempts to introduce the general ticket system have generally been made under circumstances which ensure their defeat. No party, on the eve of an election, can be ex- pected to assent to a change, which deprives them of what are considered cer- tain votes in some of the districts; and to stake the whole upon a general elec- tion, when they believe that the majority of the State is against them, or even when they fear it. In Maryland, the parties have generally divided its popu- lation so equally, that cach is trembling for the result until the election closes; and with such apprehensions, it requires strong nerves to stake the whole upon a single cast. They generally calculate, also, on the advantage of having certain districts which excite no apprehensions, require no efforts, and enable them to direct'the whole of their attention to the debateable districts, upon which the whole power and influence of the two parties is concentrated on the eve of an election. The result of this concentration is obviously the in- creased exercise of corrupting influences, whose capacity is enlarged by con- tracting the sphere within which they are to operate.' It is therefore believed that not only would the relative influence of the State be increased, but also
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