USA > Maryland > An historical view of the government of Maryland : from its colonization to the present day > Part 30
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. (7) Journals 9th June, 1739.
(8) Journals of June 5th, 1739:
(9) Journals of June 9th, 1739.
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TO THE TREATY OF PARIS.
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ral years. The Assembly was immediately prorogued, and every effort used by the governor and council, to prevent the commit- tee from accomplishing their duties. " Contending that all the powers of this committee had ceased, by the prorogation of the house ; they instructed the officers of the province, to disregard every command or request, made under the authority of that committee. All the efforts of the committee to procure the necessary records, were thus frustrated, and their proceedings. thus suspended, until the session of 1740. At that session, the lower house returned with renewed vigor to the purposes of the session of 1739, and at length obtained from the executive, a reluctant grant of free access to the records. Being thus furnished with the necessary documents, Ferdinando John Parris, of Lon- don, was now retained as the agent of the colony; to whom these documents and the addresses of the lower house were transmit- ted. The address to the proprietary, was responded to by him in a reply of the most conciliatory character, which was submitted to the Assembly in May, 1744. Professing the utmost willingness to redress their grievances, he assured the Assembly of his confi- dence in the people of the province; in terms as gratifying to them, as they were honorable to himself. " As for any person's presuming to represent his majesty's faithful subjects of England, and my good tenants, as a factious or clamorous people, or disaf- fected to his majesty, or ill disposed to me, you may be assured, (says he) they have met, and will meet with that discountenance they deserve ; and as you have lately given testimony of your sin- cere attachment to his majesty's person and government, and arc so kind as to assure me, you never had it in your thoughts to abridge me in any of my rights, I may with great truth likewise affirm, that the laws have been, and shall be, my only guide." (10) Our records do not inform us what was the issue of the address to the crown, nor even whether it was ever presented. We learn from them only, that these negotiations never led to any definitive adjustment of the matters in controversy, either by the proprietary or the crown; and that after this period, the efforts for redress in this mode, appear to have been abandoned by the Assembly. Some of the grievances complained of, were
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(10) Journals of May 2d, 1744.
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HISTORY FROM THE RESTORATION [Ilist. View.
now removed. Fines upon alienations by devise, had been formally relinquished by the proprietary, in 1742; (11) and officers fees were established by law, at the session of May, 1747. (1)) But the tobacco and tonnage duties, which were the princi- pal subjects of remonstrance, were collected until the close of the proprietary government ; and their collection formed a stand- ing theme of complaint, to which the lower house of Assembly continually recurred, as a justification for their opposition to the measures of the government, or for their refusal to grant further supplies.
During the progress of these negotiations, there were cer- tain transactions of the colony, connected with its foreign re- Indian treaty of lations, which are worthy of notice, not only for Lancaster. the objects they accomplished, but also for the striking illustration they afford, of the lofty stand then taken by the lower house of Assembly, and of the high notions which it entertained as to its powers and prerogatives. The Six Na- tions of Indians have already been alluded to, as occupying a border position between the French and English colonies, which gave them a power and influence in the struggles between these colonies, always to be dreaded, and always to be concilia- ted. Immediately after the first settlement of the French along the lakes of Canada, a relentless and sanguinary warfare was waged between them and these tribes of Indians. This engen- dered an enduring hostility, which concurred with the interests of the Six Nations, in originally inclining them to the side of the English colonies. Yet it required all the address of the Eng- lish to retain these savage allies, against the perfidious arts and seductive proffers of their enemies. The Six Nations soon un- derstood the advantages of their position ; and they became mer- cenaries, whose assistance was to be bought. In every moment of emergency, it was found necessary to conciliate them, and to ensure their assistance by the distribution of presents ; and a sys- » tem of contribution for the purchase of these presents, was soon established in the more exposed colonies, which was kept up un- til the extinction of the French power by the treaty of Paris. Maryland was one of the states which generally co-operated
(11) Supra, 175.
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Chap. IV.]
TO THE TREATY OF PARIS. .
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with New York, in the contributions for this purpose. These tribes also laid claim to a considerable portion of the territory of Maryland, lying along the river Susquehanna and Potomac ; and although their claims had not yet been asserted in such a man- ner as to bring them into open collision with the government of Maryland, they were yet a source of discontents which it was ex- pedient to remove. At the session of 1742, the subject being brought under the consideration of the Assembly, the lower house concurred with the governor, in his views as to the propriety of extinguishing these claims by treaty with the Six Nations, and assented to the deputation of commissioners to Albany for the purpose of negotiating it. That house, however, claimed the right of participating in the appointment of the commissioners ; and accordingly appointed, as commissioners on their part, Dr. Robert King and Charles Carroll, to act in conjunction with such. as might be appointed by the governor and council. (21) To their own commissioners they gave private instructions, which were very full and explicit as to all the objects of the mission, and by which they were restricted as to the amount to be ex- pended in presents. (13) The exercise of these powers gave great offence to the governor, by whom they were regarded as in- fringements of his prerogatives. He therefore withheld from them his sanction; and the negotiation was consequently suspended, un- til the session of May, 1744. At that session, he urged upon the lower house, with great earnestness, the propriety of withdrawing their instructions to the commissioners; but all his entreaties and remonstrances were unavailing. They adhered with unshaken firmness to the right which they had claimed, as incident to their control over the public interests and the public revenue ; and the governor, highly incensed at their pertinacity, was at length dri- ven to the necessity, of appointing the commissioners upon his own responsibility, and of accomplishing the objects of the mis- sion by the ordinary revenue of the government. The commis- sioners appointed by him were, Edmund Jennings, Philip Tho- mas, Robert King, and Thomas Colville, by whom a treaty was concluded with the chiefs of the Six Nations, at the town of Lan-
(12) Journals of 26th and 29th October, 1442.
(13) These instructions are published at large, on the Journals of 30th May 1 744.
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HISTORY FROM TIIE RESTORATION
[Hist. View.
caster, Pennsylvania, on the 30th June, 1744, under which their claims to the territory of Maryland were utterly. extinguished. (14)
From the period of these transactions until the commence- ment of the French war, in 1754, the history of the province pre- State of the Co-'sents no events calculated to illustrate, either its go- lony during the interval between vernment, or the character and condition of its peo- that treaty and the French war. ple. This interval was characterised, by a pecu- liarly tranquil and prosperous condition of the colony. In the war with France, which was terminated by the treaty of Aix-la- Chapelle, Maryland scarcely participated. Its designs and ope-
(14) This treaty has sometimes been referred to, as if it had definitively adjusted the western limits of the State. It will appear, however, from an examination of it, that it does not profess to determine these limits, but merely extinguishes the Indian claims throughout the Maryland settlements, without drawing into question the extent of the province. The following is the tenor of that part of the treaty, which relates to the cession.
"Now know ye, that for and in consideration of the sum of three hundred pounds, current money of Pennsylvania, paid and delivered to the above named sachems or chiefs, partly in goods and partly in gold money, by the said commissioners, they the said sachems or chiefs, on behalf of the said nations, do hereby renounce and disclaim to the right honorable the Lord Baltimore, lord proprietary of the said province of Ma- ryland, his heirs and assigns, all pretence of right or claim whatsoever, of the said Six Nations, 'of, in, or to any lands that lie on Potomac, alias Cohonga- routan, or Susquehanna rivers, or in any other place between the great bay of Chesapeake and a line beginning at about two miles above the uppermost fork of Cohongaroutan or Potomac on the north branch of the said fork; near which fork, Captain Thomas Cresap has a hunting or trading cabin, and from thence by a north course to the boundaries of the province of Pennsylvania, and so with the bounds of the said province of Pennsylvania to Susquehanna river ; but in case such limits shall not include the present inhabitants or set- tlers, then so many line or lines, course or courses, from the said two miles above the fork, to the outermost inhabitant or settlement, as shall include every settlement and inhabitant of Maryland, and from thence by a north line to the bounds of the province of Pennsylvania, shall be deemed and construed the limits intended by these presents ; anything herein before contained to the contrary, notwithstanding. And the said sachems or chiefs do hereby, on be- half of the said six united nations, declare their consent and agreement to be, that every person or persons whatsoever, who now is, or shall be hereafter, settled or seated in any part of the said province, so as to be out of the limits
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TO THE TREATY OF PARIS. Chap. IV.] : ... 289
rations were too remote, to menace immediate danger to herself, or to induce her to depart from her established policy of embark- ing in the general warfare of the colonies, only so far as it was - necessary for her own defence and security. Her participation in it, was therefore limited to a small contribution of money. The internal relations of the colony, during this interval, were equally free from embarrassments. The causes of dissension between the proprietary and the Assemblies, although not re- moved, were lulled to repose ; and the colony seemed to rest with confidence upon the moderation and justice of the proprie- tary. His assurances of his regard for their rights and inte- rests, and of his willingness to 'protect them in any manner which would not compromit his own, were stamped with a sin- cerity that for a time allayed the public discontents; and before they were revived, the colony was under the government of a new proprietary.
By the death of Charles Lord Baltimore, (the fifth of that title) on the 23d of April, 1751, the government of Maryland passed Death of the pro- into the hands of his infant son Frederick. Charles character of his prietary and Calvert had governed the province for thirty-six administration. years, with a spirit that acquired for his administra- tion the general character of virtue and moderation. The pe- riod of his government, was one fruitful in sources of internal dissension, which no policy could have averted. The lower house of Assembly now began to claim an equal rank, in point . of privilege, with the English house of Commons; and their claims were, in some instances, advanced not only beyond what had been their accustomed powers, but even to an extent un- warranted either by their parallel or the charter of the province. The very novelty of some of their pretensions, made them more jealous of encroachments upon them; and the sarcasms and ridicule, with which they were injudiciously resisted by the
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aforesaid, shall nevertheless continue in their peaceable possessions free and undisturbed, and be estcemed as brethren by the Six Nations. In witness whereof, the said sachems or chiefs, for themselves, and on behalf of the people of the Six Nations aforesaid, have hereunto set their hands and seals, the thirtieth day of June, in the year of our Lord, one thousand seven hun- dred and forty-four.
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HISTORY FROM THE RESTORATION
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governors of the province, and particularly by governors Bladen and Ogle, contributed to sustain a constant jealousy between the Assemblies and the executive, which often fancied danger even where there was no cause for apprehension. Yet this jealousy, although it awakened occasional discontents, did not degenerate into settled hostility, nor abate the attachment of the colony to the government and person of the proprietary ; and in its ulti- mate results, it did but the more endcar its colonial institutions, by bringing into view and contrast their peculiar freedom. The proprietary himself, was never charged with any deliberate de- signs against their liberties ; and the occasional differences be- , tween him and his people, were followed by a renewed attach- ment, the more ardent from its very suspension. The death of the proprietary, in this interval of tranquillity, left his character in the fullness of its honor; and the memory of his virtues re- mained, to renew the attachments of the colony in the person of his infant son. .
The course of Maryland, during the French war, which com- menced in 1754, and was closed by the treaty of Paris, in 1763, Course of Mary. appears to have been but little understood by most Jand during the
Freuch war, of of the writers who have treated of the events of 1754. that war. By the British government, it was con- sidered one of obstinate and unreasonable opposition to its wish- es and the general interests of the colonies. By some of the sis- ter colonies it was deeply censured, as a selfish disregard of the mutual obligations of the colonies to protect each other: and in some of them, so high did the public indignation mount, that the design of applying to parliament to coerce her to come heartily into the common cause was in agitation. (15) Her course is rendered still more memorable by its ultimate results. The want of her efficient co-operation, was seriously felt in several of the campaigns of this war. The requisitions of the crown for the supply of men and money, although backed by the entreaties and remonstrances of her governors, were, in almost every in- stance, disregarded by the Assembly; and the repeated disre- gard of these, made the English government fully sensible of the inefficiency of the requisition system, to give it command of
(15) Franklin's Works, 4th vol. 123; 1st Pitkin's United States, 204.
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Chap. IV.]
TO THE TREATY OF PARIS.
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the resources of its colonies. That government now discovered that the humble colonies, whom it had hitherto looked upon as mere purveyors for its commerce, and instruments of its ambi- tion, were composed of a resolute and self-willed people, claim- ing for themselves the exclusive rights of taxation and internal regulation, and the personal privileges of the most favoured Eng- lish subjects. To be thwarted by these, was more than the haughty ministers of England could brook. Mr. Pitt himself, who afterwards became the champion of American liberties, was so highily incensed at the course of Maryland, that he avowed his intention of bringing the colonies into such subjection, when peace should be restored, as would enable the English govern- ment to compel obedience to their requisitions. (16) The ill feelings which it excited in some of the other colonies, suggest- ed and encouraged this design; and it ultimately assumed a de- finite form, by the passage of the Stamp Act. That act had other designs than the mere collection of revenue from the colonics. It was a mere experiment, in order to the full establishment of the supremacy of parliament over the colonies ; and that experi- ment was, in a great measure, prompted by the neglect of the crown requisitions, during the preceding war, in several of the colonies, but especially in Maryland. Hence we find, that in the examination of Dr. Franklin, in 1766, when the repeal of the Stamp Act was under consideration, the conduct of Maryland, during that war, was brought up as one of the objections to its repeal. (17) If the requisitions of the crown had been fully and
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(16) 1st Gordon's America, 97.
(17) One of the queries propounded to him, during that examination, re- lated to the course of Maryland in refusing to furnish her quotas. Franklin replied to this query in a manner which shows that he understood and ap- preciated the conduct of the Maryland Assemblies. "Maryland," says he " has been much misrepresented in that matter. Maryland, to my know- ledge, never refused to contribute or grant aids to the crown. The Assem- blies, every year during the war, voted considerable sums, and formed bills to raise them. The bills were, according to the constitution of that pro- vince, sent up to the council or upper house for concurrence. Unhappy disputes between the two houses, arising from the defects of that constitution principally, rendered all the bills but one or two abortive. It is true, Mary- land did not then contribute its proportion, but it was, in my opinion, the fault of the government, not of the people."-Franklin's Works, 4th vol. 122.
In several of the Pamphlets, written in vindication of the Stamp Act, the
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promptly complied with in all the colonies, the necessity of strengthening her control over them, would not have been so urgent: and in the absence of a palliative for the act, the dan- gerous expedient of colonial taxation would scarcely have been ventured upon, even by a needy ministry. The events of this period are therefore highly interesting ; and require such a detail of them, as will fully elucidate the conduct of the colony.
This war, so memorable for its results, was the last great struggle for mastery between the French and English co- Origin and ob- lonies of North America. The limits between the jects of this war. French and English possessions, were vague, or undefined ; and every effort to render them definite, had hitherto proved ineffectual. On the north, Nova Scotia had been ceded by France to England, in 1713, under the treaty of Utrecht; but the exact limits of this cession, were left to be ascertained by commissioners appointed under the treaty. Conflicting views, as to its extent, soon arose. On the side of England, it was con- tended, that Nova Scotia, as ceded to her, embraced all the ter- ritery lying north of her former possessions, and between them and the St. Lawrence ; whilst it was alleged, on behalf of France, that it included only the peninsula formed by the Bay of Fundy, the Atlantic ocean, and the Gulf of St. Lawrence. The treaty of Aix-la-chapelle found these conflicting claims still unrecon- ciled ; and being formed upon the principle of restoring all con- quests to the "statu quo ante bellum," it again referred these differences to the adjustment of commissioners. The negotia- tions of the commissioners were protracted until the occurrence of events, which enkindled a contest for territory, far more ex- tensive in its aims. The French settlements of Louisiana had now become populous and thriving, and were rapidly extending themselves along the Mississippi. As the pre-occupants of the Mississippi, the French now laid claim to all the territory watered by that extensive river and its tributaries, and contended for the Alleghanies as the eastern limits of their possessions. On the other
course of Maryland was continually appealed to, as showing the inefficiency of the ordinary mode of raising revenue in the colonies, to meet the purposes of the English government ; and it was always described as one of wilful dis- regard of the general safety .- See Mr. Dulany's Pamphlet against the Stamp Act, page 21.
Chap. IV.]
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hand, the English claims, and some of the English grants, extend- od from the Atlantic to the Pacific. In this more momentous controversy, the differences about their northern boundaries were soon merged. The French governor of Canada had the sagaci- ty to perceive, and the energy to prepare for, the crisis which was rapidly approaching. His fortifications were extended along the lakes; and he now conceived the bold design of forming a complete communication between Louisiana and Canada, by a chain of fortifications extending along the Mississippi. The open conflict between the two powers was hastened on by oc- currences, which left no time for the accomplishment of this de- sign, or the silent and peaceable pre-occupation of the territory claimed. A grant, located in the debateable territory west of the Alleghanies, had been made by the English government, in 1749, to an association of individuals of wealth and influence, styling themselves the Ohio Company. To accomplish its com- mercial purposes, trading posts were soon established under the direction of this company, and extended even to the Ohio. To the French, this was the signal for alarm; and it was followed by prompt and decisive measures of reprisal on their part, indicat- ing their full determination to maintain their claims by the strong hand. . Some of the English traders amongst the Indians, were seized and imprisoned ; and one or two of the fortified trading posts of the company, were reduced and pillaged. A communi- cation was also opened, by the way of the Alleghany river, between the French posts on the lakes and the Ohio, and troops stationed along the line of communication. These un- equivocal acts of hostility, removed all doubts as to the ultimate designs of the French. Indignant at these outrages, the gover- nor of Virginia despatched Colonel Washington on a special embassy, for the purpose of requiring the immediate evacuation of the invaded territory. His demands were met by a reply, which left no room to hope for an amicable surrender of the French claims. In this emergency, hostilities were inevitable; and the safety of the English possessions demanded the utmost promptitude and vigor in their prosecution.
Such were the primary causes of the war, in which Maryland was now required to embark. It was, in its origin, a mere con- test for territory, in which the province had no interest, except
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Policy of the that of keeping the French and their savage allies Assembly the opening of at a distance from her border. To Virginia it this war. was more important; for it involved her right to an extensive territory; and this consideration, added to the influence of the members of the Ohio Company, induced her to enter warmly into the preparations for hostilities. The English government perceived, at once, the dangerous conse- quences likely to result to her possessions, from these encroach- ments, if not instantly repelled : and therefore she entered fully into the spirit of Virginia. Upon the first manifestations of the designs of the French, circulars were addressed by the Earl of Holdernesse (then secretary of state) to the several colonics, en- joining it upon them generally, to resist by force all attempts to intrude upon or make settlements within the British possessions. That addressed to the colony of Maryland, was submitted to its Assembly, at October session, 1753; but its requisitions, although sustained and urged by its executive, were without effect. The lower house assured the governor, "that they were resolutely determined to repel any hostile invasion of the province by any foreign power ; and that they would cheerfully contribute to the defence of the neighboring colonies, when their circumstances required it; but they did not deem this a pressing occasion." (18) This language indicated the course afterwards pursued by the colony, and their utter repugnance to embarking in a war of mere ambition. . The commands of England, the entreaties of Virginia, and the remonstrances of their governor, were all in- sufficient to induce the house of Assembly to depart from this policy; and Virginia was therefore compelled to enter unassisted into the campaign of 1754. (19)
Yet whilst this colony thus withheld herself from active co- operation in enterprises not called for, by any direct attack upon her settlements, or those of the sister colonies, but merely intend- Transactions of ed to anticipate their occurrence; she was not the Province in contienen with the proceedings of the Allany Convention.
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