USA > Maryland > An historical view of the government of Maryland : from its colonization to the present day > Part 36
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" And further, our pleasure is, and by these presents, for us, our heirs and successors, we do covenant and grant, to and with the said now Lord Baltimore, his heirs and assigns, that we, our heirs and successors, shall at no time hereafter, sct or make, or cause to be set, any imposition, custom, or other taxation, rate or contribution whatsoever, in or upon the dwellers and inhabi- tants of the aforesaid province, for their lands, tenements, goods or chattels, within the said province, or in or upon any goods or merchandizes within the said province, or to be laden and un- laden within any of the ports or harbours of the said province : And our pleasure is, and for us, our heirs and successors, we charge and command, that this our declaration shall be hencc- forward, from time to time, received and allowed in all our courts, and before all the judges of us, our heirs and successors, for a sufficient and lawful discharge, payment and acquittance : com- manding all and singular our officers and ministers of us, our heirs and successors, and enjoining them upon pain of our high displeasure, that they do not presume, at any time, to attempt any thing to the contrary of the premises, or that they do in any sort withstand the same; but that they be at all times aiding and assisting, as it is fitting, unto the said now Lord Baltimore, and his heirs, and to the inhabitants and merchants of Maryland
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aforesaid, their servants, ministers, factors, and assigns, in the full use and fruition of the benefit of this our charter."
IV. Resolved, That it is the unanimous opinion of this house, that the said charter is declaratory of the constitutional rights and privileges of the freemen of this province.
V. Resolved, unanimously, That trials by juries are the grand bulwark of liberty, the undoubted birth-right of every English -- man, and consequently of every British subject in America; and that the erecting other jurisdictions for the trial of matters of fact, is unconstitutional, and renders the subject insecure in his liberty and property.
VI. Resolved, That it is the unanimous opinion of this house, that it cannot, with any truth or propriety, be said, that the free- men of this province of Maryland, are represented in the British parliament.
VII. Resolved, unanimously, That his Majesty's liege people of . this ancient province, have always enjoyed the right of being go- verned by laws, to which they themselves have consented, in the articles of taxes and internal polity; and that the same hath never been forfeited, or any other way yielded up, but hath been constantly recognized by the king and people of Great Britain.
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VIII. Resolved, That it is the unanimous opinion of this house, that the representatives of the freemen of this province, in their legislative capacity, together with the other part of the legislature, have the sole right to lay taxes and impositions on the inhabitants of this province, or their property and effects ; and that the laying, imposing, levying, or collecting, any tax on or from the inhabitants of Maryland, under colour of any other authority, is unconstitutional, and a direct violation of the rights of the freemen of this province.
Declining to enter upon the consideration of any other busi- ness, the lower house now desired the governor to grant them a Disposition of recess of a few weeks, most probably for the pur- the Stamp Paper. pose, although not expressly avowed, of awaiting the issue of the proceedings of the Continental Congress. Their request was gratified, and the Assembly prorogued until the first of November. Before the prorogation, the governor sought the advice of the lower house as to the secure disposition of the stamp paper, the arrival of which was now momently expected.
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This, however, they declined to give, as relating to a subject upon which they had not consulted their constituents; and the governor, in this emergency, found it necessary to throw himself, for direction, upon his constitutional advisers, the members of the upper house, who had no such scruples, and were always more prone to the side of prerogative. They assured him that there was no place of security, to protect it from the attempts to destroy it, which would inevitably be made; and they therefore advised its deposit on board one of his majesty's ships on the Virginia station, until further orders from the ministry.
On reviewing these proceedings of the first Assembly of Ma- ryland after the passage of the stamp act, it is apparent, that Character of the humble as her pretensions have been, and lightly Proceedings of as they have been considered, they may be proudly this Assembly. contrasted with those of any other colony. They exhibit an unanimity in opposition to the act, amongst all classes of people and all branches of her government, which is without a parallel. Firm yet temperate, her public remonstrances breathe the genuine spirit of determined freedom, unalloyed by the lan- guage of passion or the temper of anarchy. It must, however, be admitted, that, perhaps, some of this unanimity was attributa- ble to the character of her government. The interests of the proprietary were as adverse to the right of internal taxation then claimed for parliament, as were those of the people at large ; and although his government did not deem it prudent to put itself in direct opposition to the crown, it naturally felt but little interest in the success of a claim, which, whilst it oppressed the people and exhausted their resources, at the same time impaired the power and influence of the proprietary.
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The contributions of Maryland to the common cause, did not consist merely in the concurrence of her people and her Assem-
Political Essays
blies with those of the other colonies, in the adop-
of that period. tion of measures to frustrate the operation of the act. All such measures proceeded upon the assumption, that exemp- tion from parliamentary taxation was an unquestionable right of the colonies; and they derived much of their efficacy from the - general conviction of that right. To have unsettled that con- viction, would have effected more towards the submission of the colonies, than could have been accomplished by all the remon-
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strances and menaces of the English government. With many whose feelings were warmly enlisted on the side of the people, it required but little persuasion or argument to establish that right. It was enough for them to know that it was a right, justified by the then condition of the colonies, and demanded for the perfect security of their liberties .. They wanted neither prescription nor precedent, to give it sanctity ; and they regarded it as a right, not to be lost by nonuser, nor prescribed against by contrary pre- cedent. They reasoned from the nature, objects, and proper se- curities, of government in general; and they reasoned rightly. Yet in all such controversies in every age, there are many who look for antiquity and acknowledgment as the test of such rights, and who resist as an usurpation what they would not in- sist upon as an original principle. The English ministry were aware of this ; and hence the English presses teemed with venal publications, striking at the very foundation of the colonial claim, which at one moment artfully appealed in the language of seeming justice and moderation to the colonists themselves, and at the next addressed themselves to all the jealousies and preju- dices of the mother country. This required an antidote; and virtue and talent sprung up every where in the colonies to ad- minister it.
Conspicuous amongst all the essays of that day in opposition to the stamp act, is one to the honor of which Maryland lays claim, as the production of her most distinguished son. It came from the pen of one, whose very name was a tower Essay of Daniel of strength. Abilities that defied competition, learn-
Dulany of Ma- ryland, against the stamp act. ing that ranged with an cagle-flight over every science, accomplishments that fascinated, and gentleness that soothed even envy, all conspired to render Daniel Dulany the fit advocate of such a cause. His celebrated essay against the stamp act, entitled, "Considerations on the propricly of imposing taxes in the British colonies, for the purpose of raising a revenue by act of Parliament," was published at Annapolis on the 14th of October, 1765. It was not an argument calculated merely for the meridian of Maryland. This province had a peculiar charter exemption : but the claims founded on this, did not enter into the consideration of the general question, and resting upon express grant, they were rather in conflict with those, in support
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of which no such grant could be adduced. Mr. Dulany had a higher aim. His purpose was to show, that under the principles of the British Constitution, and by force of their condition es British subjects, the colonists generally were exempt from the tax imposed ; and he has accomplished this, by a mode of argu- ment the most irresistible. Instead of putting himself afloat upon the whole question, as to the general extent of the authority of the mother country over the colonies, he narrows down the dis- cussion to the exact power exercised by the stamp act ; the pow- er to impose internal taxes on the colonies, without their consent, for the single purpose of revenue ; and he then conducts the dis- cussion by appealing entirely to British authority and British pre- cedent. He thus drives his adversaries to the necessity of com- bating with the principles of the English constitution itself.
This celebrated essay sets out with the position, that no inhabi- tant of the colonies was either actually or virtually represented in the English parliament. That there was no actual representa- tion, was conceded; that there was a virtual repre- lis outlines.
sentation, was sustained by analogies drawn from the condition of the non-electors in England, who were deemed to be represented, although not participating in the election of representatives. Without assailing this idea of a virtual repre- sentation, which is in fact a mere cover to the partial and imper- fect nature of the representative system in England, and, for the sake of the argument, conceding its existence to be tantamount to actual representation, he proceeds to show the entire failure of the analogy, from the entire dissimularity between the condition of the non-electors in England and of the colonists here. The former had the capacity to become electors, by acquiring the property to which the elective franchise attached ; the latter could not, but by losing their residence in America, and therefore, ceasing to be colonists : from their common residence in England, all the re- lations and interests of the former, were closely connected or blended with those of the electors, so that legislation could sel- dom, if ever, be brought to bear upon those of the former without affecting those of the electors ; the latter had many important in- terests, entirely distinct from those of the mother country, which might be seriously affected by such legislation, whilst it would not reach the interest of a single English elector ; the former had no
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other representatives, were subject to no other taxing power if not to that of parliament, and had always been thus taxed ; the lat- ter were subject to a regular and adequate authority to tax, vested in their colonial legislatures, and to that authority, the requisitions of revenue by the English government had always been addressed. The position, "that the colonies were not represented in Parlia- ment," being established, their exemption from taxation by it was the necessary consequence of an essential principle of the En- glish constitution, resulting from the very nature of the mixed government of England, existing at the common law, confirmed by Magna Charta and the Bill of Rights, following the emigrants as British subjects, and yet further guaranteed to them by the charters of their colonies. These charters, in conferring English liberties, were not mere grants of the crown in derogation of the superior power of Parliament, but compacts with it, for better security, that the existing and unalienable rights of the English subject should not be impaired by his removal. "This right of exemption from all taxes, without their consent, (says he) the colonists claim as British subjects. They derive this right from the common law, which their charters have declared and confirmed; and they conceive, that when stripped of this right, whether by prerogative or by any other power, they are, at the same time, deprived of every privilege distinguishing free men from slaves."
He then passes, in review, the previous exercises of parliamen- tary power, relied upon as precedents, for the purpose of demon- strating, that they were elicited by a necessity, to which the or- dinary colonial legislation was not adequate, and The remedy
against colonia
that in no instance was revenue their single or even oppression indi- cated by it. direct purpose ; and he concludes his argument by suggesting to his countrymen, a remedy against the oppressions of England, as novel, as it was efficient. The suggestion of it displays his far-reaching sagacity, and proclaims him the genu- ine father of the genuine American system. England manufac- tured for the colonies the very necessaries of life. He advised the colonies to manufacture for themselves. His language is worthy of preservation. After directing the attention of the pub- lic particularly to the manufacture of coarse clothing, he re- marks: " In this very considerable branch, so little difficulty is
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there, that a beginning is half the work. The path is beaten, there is no danger of losing the way, there are directors to guide every step. But why should they stop at the point of clothing laborers; why not proceed, when vigor and strength will in- crease with the progression, to cloathe the planters? When the first stage is arrived at, the spirits will be recruited, and the second should be undertaken with alacrity, since it may be performed with case. In this too, the experiment hath been made, and hath succeeded. Let the manufacture of America be the symbol of dig- nity, the badge of virtue, and it will soon break the fetters of distress. A garment of linsey-woolsey, when made the distinc- tion of real patriotism, is more honorable and attractive of respect and veneration, than all the pageantry, and the robes, and the plumes, and the diadem of an emperor without it. Let the emu- lation be not in the richness and variety of foreign productions ; but in the improvement and perfection of our own. "Let it be demonstrated, that the subjects of the British empire in Europe and America are the same, that the hardships of the latter will crer recoil upon the former. In theory it is supposed, that each is equally important to the other, that all partake of the adversity and depression of any. The theory is just, and time will cer- tainly establish it; but if another principle should be ever here- after adopted in practice, and a violation deliberate, cruel, un- grateful, and attended with every circumstance of provocation, be offered to our fundamental rights, why should we leave it to the slow advances of time (which may be the great hope and reliance, probably, of the authors of the injury, whose view it may be to accomplish their selfish purposes in the interval) to prove what might be demonstrated immediately. Instead of moping, and puling, and whining to excite compassion; in such a situation, we ought with spirit, and vigor, and alacrity, to bid defiance to tyranny, by exposing its impotence, by making it as contemptible as it would be detestable. By a vigorous applica- tion to manufactures, the consequence of oppression in the colo- nies to the inhabitants of Great Britain would strike home and immediately. None would mistake it. Craft and subtilty would not be able to impose upon the most ignorant and credulous ; for if any should be so weak of sight as not to see, they would not be so callous as not to feel it. Such conduct would be the
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most dutiful and beneficial to the mother country. It would point out the distemper, when the remedy might be easy, and a cure at once effected by a simple alteration of regimen."
Such was the general tenor of this distinguished cssay, which at once placed its author in the first rank amongst the political writers of that day. It had all the characteristic features of of- fective political essays; its style easy, its thoughts perspicuous, its illustrations simple, its language energetic, and its arguments addressed to every understanding. Although not published un- der the name of Mr. Dulany, it wanted no such voucher to de- signate him as its author. It bore the impress of his talents, and espoused his known sentiments. Public opinion at once point- cd to him as its author; and his own ready avowal clearly indi- cated, that concealment had not been his purpose in the manner of its publication. The objects of the essay, and the course of the author, were characterised by the same moderation. Upon the question of right, the essay was free, fearless, and uncom- promising ; but the modes of resistance to the stamp act, incul- cated by it, were of a gentle and pacific character, not altogether adapted to the temper of the times, but not less effectual than open rebellion against the act if resolutely adhered to. Open and forcible resistance was the mode of opposition recommend- ed by the feelings of the colonists; and they at once adopted it with an impetuous indignation, which never paused to calculate the hazard of their measures, nor to contemplate their probable results. Yet the proposition to erect an independent govern- ment, would at that period have startled the boldest; and the force to which they resorted, was not regarded as a step towards actual separation from the mother country. For such a crisis, the feelings of the people and the resources of the colonies were not yet prepared. Whilst the hand of violence was every where uplifted to repel the act, it was accompanied by remonstrances and supplications, which spoke the wishes of men still clinging to the justice and generosity of their opponents for their hopes of relief. Ultimate reconciliation with England, was then the wish and hope of every heart; and therefore some of the best friends of the colonies doubted the policy of harsh measures, as only calculated to widen the breach, and prolong the oppression. "Go home, (said Dr. Franklin, ) and tell your countrymen to get
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children as fast they can." " Shake off the trammels of your indus- try, (said Mr. Dulany,) rely upon your own resources for the sup- 'plies of life ; and the commercial interests of England will soon bring your adversaries to your feet." The subsequent conduct of the latter, was in perfect keeping with the course of opposi- tion he recommended; and therefore maintaining his original policy, he refused his approbation to the more violent measures adopted and accomplished by " the sons of liberty." (18) The character and result of those measures will appear hereafter; and it will here suffice to remark, that although brought to bear upon Mr. Dulany himself, as one of the resisting, they lost him none of the confidence and affection of the colony. For pro- fessional learning and general ability, he had long been conspic- uous ; as the defender of colonial liberties, he now acquired more extensive and gratifying distinction. He became the Pitt of Ma- ryland; and whilst his fellow citizens hailed him, with one voice,
(18) Mr. Dulany, during this period, was the Secretary of the Province : and when the association of the sons of liberty was formed, he, and the other officers of the province, were notified of their intention to come to An- napolis and compel the officers to transact business without the use of stamped paper. Thus notified, he submitted himself to the advice of the Governor and Council, apprising them at the same time, that in acceding to this mea- sure, he would act against his own sentiments, and would not hesitate to lay down his office to avoid such an issue, were it not that by so doing, he would cast upon the governor the necessity of making a new appointment requiring the use of stamped paper, and with it a responsibility, which might bring even the person of the latter into jeopardy. "He (says Mr. Dulany in his letter to the Executive) seems to have as little power to protect himself as I have : but if that respect should be openly and violently trampled upon, and Personal indignities be offered, the example and the consequences would be much worse in his case, than in that of a subordinate officer constrained to yield to the times." The council seem to have put this application under " as atrisare: " and in the meantime the sons of liberty came, and placed Mr. Dulany, as well as the others, in the condition of "officers constrained to yield to the times." Thus to have thrown himself into the breach, for the protec- tion of the governor, and at the hazard of all the reputation he had acquired, evineed a magnanimity which even his enemies must admire. The honors lav- ished upon Mir. Dulany after the repeal of the Stamp Act, abundantly demon- strate, that his course on this occasion had, in no degrec, diminished the re- spect and affection of the colony, and furnish the strongest possible attesta- tions to the purity of his motives and the consistency of his course.
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as the great champion of their liberties, even foreign colonies, in their joyous celebrations of the repeal of the act, did not hesi- tate to place him in their remembrances with a Camden and a Chatham. (19)
All eyes were now turned to the continental Congress, which assembled at the city of New York on the first Tuesday of Oc- Proceedings of tober, 1765. In that Congress, there appeared. the Continental Congress. twenty-eight deputies, representing the several states of Massachusetts, Rhode Island, Connecticut, New York,
(19) " To die and be forgotten," is the common fate of mortals; the stern award from which talents and learning are ever striving to escape. For the ideal exis- tence of the future, the being which dwells in a name, how many have foregone all the enjoyments of the present. The ambitious heart, in every age yearning for immortality, has toiled away existence, as the caterpillar, in the construc" tion of its own monument. As each generation passes down the stream of time, with all its wrecked hopes and promises and fading glory around it ; it is succeeded by another as full of vanities and delusive expectations. Each wave of life may wheim some votary of fame, sinking to oblivion in the midst of all his bright anticipations ; yet men lock on, and hope that such is not their doom. If lessons upon the vanity of human hopes would avail, here is an individual, over whose history we might pause, to learn how insuf- ficient are all the brightest qualities of the mind, to rescue the memory of their possessorf rom the common doom of mortality. But half a century has gone by ; and the very name of Daniel Dulany is almost forgotten in his na- tive State, where the unquestioned supremacy of his talents was once the theme of every tongue, and the boast of every citizen.
In the colonial history of Maryland, the name of Dulany is associated with virtue and abilities of the highest order. Daniel Dulany the elder, the father of the distinguished person alluded to in the text, was as conspicuous amongst cotemporaries, as his more accomplished son ; and enjoyed a repu- tation in the province, surpassed only by that of the latter. Of his origin and early history, I have been unable to collect any accurate information. He was admitted to the bar of the provincial court in 1710; and from that period, his career was one of uninterrupted honor and usefulness. For nearly forty years, he held the first place in the confidence of the proprietary, and the affections of the people. During that period, he filled the various offices of Attorney General, Judge of the Admiralty, Commissary General, Agent and Receiver General, and Councillor, the latter of which he held under the successive administrations of governors Bladen, Ogle, and Sharpe. He was also, for several years, a member of the lower house, in which capacity he was distinguished as the leader of the country party, in the controversy about the extension of the English statutes.
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