USA > Maryland > An historical view of the government of Maryland : from its colonization to the present day > Part 2
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CHAPTER IV. History of the Government of Maryland, from the restoration to the treaty of Paris.
Suspension of the Proprietary government not attributable to mal-adminis- tration, 277-True cause of its suspension, 278-Restoration of the govern- ment, ib .- Its effects upon the colony, 279-Exclusive character given to it by new test oaths, 280-General results of the Proprietary administra- tion 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 course 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 dis putes about a system of revenue, between the two houses of Assembly, 306
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XIV
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 colo- nial dependance before the Protestant revolution, ib .- The further exten- sion of it suspended until the Revolution, by the condition of the mother country, 322-Circumstances in the after-condition of the colonies, con- spiring to protect colonial liberties, 323-Entire supremacy, the constant aim of the English government, 325-Effect of the late war upon this de- sign, ib .- Sentiments of the people of Maryland as to the right of taxa- tion, 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 As- sembly, 334-Early and decisive indications of the sentiments of her peo- ple, 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 colo- nial oppression indicated by it, 351-Proceedings of the Continental Con gress, 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 As- sociation 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.
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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, 363-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
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CONTENTS.
these attempts, 371-Proceedings of the Lower House in opposition to the duty act, 373-Character of these proceedings, ib .- Non-importation As- sociation, 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 Pro- clamation, 391 -- The Proclamation: its object and expedience, 383-Par- ties formed upon it, 385-Course of the Lawyers of Maryland, ib .- Dan- fel Dulany, the defender of the proclamation, 387-Controversy upon this subject between Dulany and Charles Carroll, of Carrollton, 388-Charac- ter of their essays, 389-Results of the discussion, 391-Discussion be- tween Mr. Hammond, and Messrs. Chase, Johnson and Paca, 392-Pro- ceedings of the Lower House in 1771, in opposition to the proclamation, 394-New election in 1773, 396-Origin of the Vestry Act question, 397, -- Condition of the church establishment, 398-Grounds and conduct of the controversy upon the Vestry 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 An- napolis, 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 Provi- sional 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 Conven- tion to the Delegates in Congress, of 12th Jan. 1776, 427-Declaration of 18th Jan. 1776, 429-Course of this colony upon the proposition to de- clare independence, ib .- Its concurrence in the proposition, 431-Mary- land Declaration of Independence, 432.
CHATER VII.
Distribution of the Legislative power under the State Government of Maryland.
CHAPTER VIII.
Organization of the House of Delegates.
Qualifications of voters, 443-Qualifications for the office of Delegate, 448 -The manner of election, 453 - Peculiarities of these elections in the cities of Baltimore and Annapolis, 462-Elections to fill vacancies, 463- Distribution of the right of representation, 464-Tenure and compensa- tion of the office of Delegate, 472.
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CONTENTS.
CHAPTER IX. The Organization of the Senate.
The election of the Electors of the Senate, 473-Their proceedings in the choice of a Senate, 474-The qualifications for the office of Senator, 475 -- The mode of filling vacancies in the Senate, ib .- The tenure and com- pensation of the office of Senator, 476-The nature and tendencies of the present structure of the Senate, ib.
CHAPTER X. The Powers of the General Assembly.
The sources and efficacy of the restrictions upon its legislative power, 491 -The particular restrictions under the State government, relative to the nature of this power, 499-The restrictions protective of constitutional institutions, 503 -- The restrictions flowing from the declared rights of the citizen, 504-Those relative to the enactment and publication of laws, 508 -- The incidental powers of the General Assembly, 509 -- The time and place of meeting of the General Assembly, ib.
CHAPTER XI. The several powers of each House of Assembly.
The powers relative to their several organization, 511-The obtention of in- formation, 518-Their right of self-protection, ib .- The peculiar powers of the two Houses, 522-Those of the House of Delegates, as to Money bills, 523-The' expulsion of its Members, 525 --- Its capacities as the Grand Inquest of the State, 528-Its control over the revenue of the State, ib.
CHAPTER XII.
The privileges and disabilities of members of Assembly. Their exemption from legal process, 530-Freedom of debate, 534-Ex- emption from military duty, and from service as jurors, ib .-- The Disabil- ities of Members of Assembly, ib.
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. INTRODUCTION.
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CHAPTER L.
OF THE GRANT AND TERRITORIAL LIMITS OF THE STATE OF MARYLAND.
Original extent THE Province of Maryland, as granted by Charles of the province. I. to Cecilius, Baron of Baltimore, included under the descriptive terms of the grant, "All that part of the penin- sula or chersonese, lying in the parts of America between the ocean on the east, and the bay of Chesapeake on the west, di- vided from the residue thereof by a right line drawn from the pro- Jontory or head land, called Watkin's Point, situate upon the bay aforesaid, and near the river of Wighco on the west, unto the main ocean on the east, and between that boundary on the south, unto that part of the bay of Delaware on the north, which lieth . under the fortieth degree of latitude, where New-England is ter- minated; and all the tract of land within the following limits, to wu, passing from the said Delaware Bay in a right line with the degree aforesaid, unto the true meridian of the first fountain of the river Potomac, thence running towards the south unto the further bank of the said river, and following the same on the west and south, unto a certain place called 'Cinquack,' situate near the mouth of said river, where it empties into the aforesaid bay of Chesapeake, and thence by the shortest line unto the aforesaid place or promontory, called Watkin's Point." (1)
(1) This description of the bounds of the Province, was manifestly fram- ed by the aid of the map accompanying that rare work, Smith's History of Virginia, which shows the true position of some of the places designated in the charter by names long since lost. On examination of that map, it will be
. found that the river Wighco, there located, is the river Pocomoke of the pre- sent day; and that the place called "Cinquack," corresponds to what is now called "Smith's Point." This place has, indeed, been differently located; but it is expressly acknowledged to be Smith's Point, by the compact of 1755,
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THE GRANT AND TERRITORIAL LIMITS
[Intro.
It will, at once, be perceived, that these boundaries of the Pro- vince are essentially different from those which, at this day, de- fine the limits of the State; and in contrasting them, it will be seen with regret, that Maryland has been deprived of some of the fairest portions of her original territory. It is not our purpose to enter into a minute detail of all the circumstances which have occasioned this loss. The full narration of these belongs, pecu- liarly to the civil history of the State. For the purposes of this work, it will be sufficient to enquire into the causes of the grant, the circumstances under which it was made, and the prominent causes and results of the territorial controversies to which it has given rise. A brief view of these is necessary, to exhibit to the reader the present contracted limits of the State, and to account for their incongruity with the limits assigned by the charter.
The antecedent The claim of the English crown to the conti- grants to the nent of North America, was founded upon the
London and Ply- mouth Compa- nies. discovery and partial exploration of its coast, by Sebastian Cabot, in the year 1498. The first efforts at a set- tlement upon this continent which were made under the author- ity of the English government, were unsuccessful and discour- aging. The ardor for voyages of discovery and for schemes of colonization, was much abated by the unsuccessful attempts of Gilbert and Raleigh. The disastrous result of the expeditions set on foot by them, was well calculated to enhance, in general estimation, the difficulties and dangers incident to such enter- prises: and the discoveries which had been made under their conduct, presented no object sufficiently alluring, to tempt even the bold and adventurous to encounter the hazard and expense of a similar attempt. About the commencement of the seven-
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between the States of Virginia and Maryland, relative to the navigation of, and jurisdiction over, the Chesapeake Bay, and the rivers Potomac and Poco- moke, which will be seen in detail at the conclusion of this chapter. In passing, we cannot refrain from expressing the regret that this work of the celebrated John Smith is so little known to the citizens of our State. It con- tains an account of his exploration of the Chesapeake Bay and the country adjacent, full of interesting details, and illustrated by a map, which, as to the Bay, and the country adjacent to it, and the mouth of its tributary streams, even to the mouth of the Susquehanna, may safely challenge a comparison in point of accuracy, with the maps of this day .-- It was re- published at Richmond, in 1819.
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OF THE STATE OF MARYLAND.
Chap. I.]
teenth century, the spirit, which had so long slumbered, began . to revive, and upon the accession of James I. to the English throne, with whom the establishment of colonies appears to have been a favourite measure, an application was preferred to him, by a number of persons of great wealth and influence, for permission to plant colonies within the limits of Virginia, that being then the name applied by the English to the whole conti- nent. Their application was successful, and accordingly in 140G, they were empowered by a grant from him, to make settle- ments between the 34th and 45th degrees of North latitude. The association under whose conduct these settlements were to be made, was, at the instance of its members, divided into two companies, the first of which, called "The London Company," was required to make its settlements between the 34th and 41st degrees of North latitude, and the second, which was called " The Plymouth and Exeter Company," was permitted to make its settlements between the 38th and 45th degrees, but no set- tlement was to be made by either of them, within one hundred miles of any prior settlement of the other. (2)
New, and exclu- être grant to the My mouth Com- pany. The latter company, under whose auspices the second or Northern Colony was to have been planted, after two unsuccessful attempts, which seemed to enhance the difficulties and diminish the benefits of the enterprise, were content for some time after their grant, to abandon their original design, and to confine themselves to the benefits of a few voyages to it, for commercial purposes. The conduct of one of these voyages was entrusted to the celebrated John Smith, who had already acquired so high a reputation by the enterprise, perseverance and ability which he had displayed, in the establishment and sustention of the Southern Colony. His sagacity soon perceived the extent and fertility of the re- sources of this region, hitherto deemed barren and inhospitable, and his glowing representations of its general aspect and its ca- pacities, were such as to procure for it from prince Charles, the flattering appellation of "New England." (3) Sustained, as
(2) This charter to the Northern and Southern, or first and second Colo- nies of Virginia, was granted on the 10th of April, 1606, and may be seen at large, in Ist Hazard's State Papers, 50 to 58.
(3) This is the account of the origin of the name given by Chalmers in his Historical Annals: but Smith, in that curious and interesting paper, en-
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THE GRANT AND TERRITORIAL LIMITS
[Intro.
they were, by his well earned reputation, they contributed largely to dispel those unfavourable notions, as to its soil and climate, which had been propagated by those who had made the former unsuccessful attempts at its settlement. At this time, the com- merce of this region was gradually increasing, and the French and Dutch, and even the Southern Company, were labouring strenuously to engross it for themselves, or at least to divide its benefits with the Northern Company. Roused to a sense of the consequences of these efforts, the latter company asserted its exclusive right to the trade of New England, and endeavoured to fortify its claim by a new grant. Their application for this grant, although strenuously resisted, was ultimately successful: and in 1620, they and others, their associates, were incorporated by the name of "The Council of Plymouth for the planting and governing of that country called New England," and in this cor- porate capacity, were invested with the rights of soil and go- vernment, over all the territory on the continent of north Ame- rica, lying between the 40th and 4Sth degrees of north latitude, and the exclusive privilege of fishing and trading therein." (4)
The settlements within the Ply- mouth Grant, an- terior to the This was the outstanding grant from the English crown, of the territory immediately North of the Charter of Mary. northern limits of Maryland, at the time of the land. grant to Lord Baltimore. Its southern limits, it will be perceived, began at the degree which constituted the northern boundary of Maryland: and with this common boun- dary so well defined, no room was left for controversy, except as to the location of the degree. At the time of the grant to Lord Baltimore, the only settlements which had been made within New England, were those of New Plymouth and of Massachusetts Bay. The New Plymouth Colony consisted of emigrants from Holland, who had removed from England but a few years before, because of the peculiar religious opinions which they entertained, and which acquired for them the name of Brownists. It was their original design to have made a set- tlement in Virginia, (as the site of the Southern Colony was
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titled "Smith's description of New England," informs us, that the name was bestowed upon it by himself.
(4) This charter to the Plymouth Company, will be found in Hazard's State Papers, 103 to 118.
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"; OF THE STATE OF MARYLAND,
Chap I.]
then called,) under an extensive grant, which had been made to them by the Virginia Company. Accident cast them upon the New England coast, where, from the period of their arrival, in 1620, until 1630, they remained, without any other title to the rod than that which mere occupancy gave them, exhibiting in the organization of their society, a complete exemplification of that social compact, which has usually been deemed a philoso- ¡Que Betion. In the latter year they obtained a grant from the Council of Plymouth, under which they were living when Ma- nyland was granted. The Massachusetts Bay Colony was plant- ed in 1629, under a grant from the Plymouth Company, of all the lands between the Merrimack and Charles rivers, which was confirmed and extended by a charter from Charles I. in 1628. (5) The origin and establishment of these Colonies is already matter of history, and it will, therefore, suffice to say, that confined, as they were, at the time of Lord Baltimore's grant, within what are the limits of the present State of Massa- chusetts, they were so remote from the common boundary that no dissentions about that boundary ever arose between the Ply- mouth Company or its grantees, and the Colonists of Maryland. The rights of that company had been long extinct, and several distinct colonial governments had been carved out of them, be- fore the proprietary of Maryland was involved in contests about his northern limits: and all of these arose from grants subse- quent to his own.
The several char- fete to the Lon- dra Company, and their re- We have seen, that under the first charter from king James, the first or Southern company, which west a by the was called the London Company, was permitted to uova. .make its settlements any where between the 38th and 45th degrees, subject to the restriction above mentioned, as to the contiguity of their respective settlements. In 1609, this company obtained from king James, a new charter, which severed it from the Northern Company, and incorporated its members and others, whom they had received as associates, under the name of " The Treasurer and Company of Adventurers of the City of London, for the first Colony of Virginia," and to them were granted the rights of soil and government, in all the
(5.) These grants to the Plymouth and Massachusetts Bay Colonies, will be seen in Ist Hazard's State Papers, 298 and 239.
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THE GRANT AND TERRITORIAL LIMITS
[Intro.
lands north and south of Cape Comfort, to the extent of two hundred miles, in both directions. A third charter was granted in 1611, which did not vary these limits on the main land. (6) Under these charter governments, the Colony of Virginia re- mained until the year 1623, when, in consequence of the refusal of the company, to surrender their charters, and to accept in their stead, such a charter as the king might be pleased to grant, a quo warranto was issued, on which judgment was given against the company, its charters annulled, and the rights grant- ed by them revested in the crown. From that period, Virginia became what was termed " A Royal Government," and as such, there was an inherent right in the crown, to alter and contract its boundaries, or to carve new and distinct territories or govern- ments out of it, at its pleasure. Yet, incontestible as this right was, it will be seen that the exercise of it, in granting the pro- vince of Maryland, was the source of much dissatisfaction amongst the colonists of Virginia; and that at one period, at- tempts were made to assert and maintain the existence of the charter government, notwithstanding the judgment on the quo warranto, for the sole purpose of reclaiming the territory of Ma- ryland, as lying -within the old charter limits.
Clayborne's set- dements. Although the Colony of Virginia, as it was re- vested in the crown, retained its ancient limits, for- tunately for the security of Lord Baltimore's grant, no settle- ments had been made antecedently to it, upon the lands in- cluded within his grant, either under the authority of the crown or of the charter governments, except those made by a small colony which was seated on Kent Island, in the Chesapeake Bay, by the notorious William Clayborne. Of the character and temper of this man, it is difficult for us at this day to form any just conceptions. The accounts which we have of him, have been transmitted to us by writers, who seem to have had no end in view, but to lavish upon him the most opprobrious epithets. The name of Machiavel has never been more shocking to moralists and white-washed politicians, than was that of Wil- liam Clayborne, to the first colonists of Maryland. Even histo- rians familiarly call him the evil genius of the colony, and so he
(6) These charters of 1606, 1609 and 1611, are given at large in Hazard's State Papers, 50, 58 and 72.
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OF THE STATE OF MARYLAND.
Chap. I.]
unquestionably was, if his anceasing efforts to maintain by courage and address, the territory which his enterprize had dis- covered and planted, entitled him to the name. A reference to the early contests of this man with the proprietary and his offi- cers, abundantly demonstrates that he stood not alone in them, and that the governinent of Virginia, fearing to put itself in di- rect opposition to the will of the king, and to his command to give Lord Baltimore all lawful assistance in the colonization of Maryland, was yet muttering dissatisfaction, and secretly insti- gating Clayborne to those acts of violence, which ultimately caused his attainder and expulsion from the province. That Clayborne was possessed of courage, enterprize and talents, cannot be doubted. That he added to these, many virtues which alleviated the harsh and rugged character ascribed to him by the writers of that day, is highly probable. The records of Virginia, and the recitals of the license to trade, granted him by the crown, inform us that he was, at the time of its grant, the Secretary of State for the government of Virginia, and also one of its council. (7) He appears to have directed his attention to the commerce of the Chesapeake Bay, for some years before he made any settlements within it: and his first expeditions were conducted entirely under the authority of the English govern- ment. During the several years, 1626, 1627 and 1628, he re- ceived from that government licenses to trade, under which he was authorised to discover the source of the Chesapeake, or any part of the government of Virginia, from the 31th to the 41st degrees of north latitude. Not content with this, he obtained from king Charles I. in May, 1631, a license to trade in all the seas, coasts, harbors or territories, in or near to those parts of America, for the sole trade with which there had been no previ- ous grant from the crown. Under this license, and one shortly afterwards obtained from the governor of Virginia, his settle- ments upon Kent Island were made; and being so made, they were subordinate to and dependent upon the government of Vir- ginia. They were not only regarded as planted under its autho-
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