USA > Maryland > An historical view of the government of Maryland : from its colonization to the present day > Part 44
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HISTORY FROM THE STAMP ACT (Hist. Flew,
might, their motives were pure, and their measures the list honorable resort of freemen. "The experience (say these it- structions,) which we and our ancestors have had of the mild- ness and equity of the English constitution, under which we have grown up and enjoyed a state of felicity not exceeded by any people we know. of, until the grounds of the present contro- versy were laid by the ministry and parliament of Great Britain, has most strongly endeared to us that form of government, from whence these blessings have been derived, and makes us ardent- ly wish for a reconciliation with the mother country upon terms that may ensure to these colonies an equal and permanent free- dom. To this constitution we are attached, not merely by habit, but by principle, being in our judgments persuaded, it is of all known systems best calculated to secure the liberty of the sub- ject, and to guard against despotism on the one hand and licen- tiousness on the other. Impressed with these sentiments, we warmly recommend to you to keep in your view the avowed end and purpose for which these colonies originally associated, the redress of American grievances and securing the rights of the colonists." The delegates were therefore instructed to promote reconciliation as far as possible, "taking care, at the same time, to secure the colonies against the exercise of the right assumed by parliament, to tax them, and to alter their constitutions and internal polity without their consent." They were also prohibit- ed from assenting to a declaration of independence, or to any alliance with any foreign power, or any confederation of the co- lonies, which would necessarily lead to separation ; unless in their judgments, or of that of any four of them, or of a majority, if all present, it should be deemed absolutely necessary for the pre- servation of the liberties of the united colonies : and if any such measures were adopted by a majority of the colonies against their assent, they were instructed to submit them immediately to the convention, without whose sanction they should not be bind- ing upon the colony. "Desirous as we are of peace, (say they, in conclusion,) we nevertheless instruct you to join with the other colonies in such military operations as may be judged pro- per and necessary for the common defence, until such peace can be happily obtained."
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Chap. VI.]
TO THE REVOLUTION. 429
The declaration, which followed these instructions, was made for the avowed purpose "of manifesting to the king, the parlia-
Declaration of ment, the people of Great Britain, and to the whole 18th Jan. 1776. world, the rectitude and purity of their intentions in their opposition to the measures of the English ministry and parliament." Explicitly declaring, that they considered their union with the mother country, upon terms that would ensure to them a permanent freedom, as their highest felicity, they con- cluded their vindication with the following striking expressions : "Descended from Britons, entitled to the privileges of English- men, and inheriting the spirit of their ancestors, they have seen, with the most extreme anxiety, the attempts of parliament to de- prive them of their privileges, by raising a revenue upon them, and assuming a power to alter the charters, constitutions, and internal polity of the colonics without their consent. The en- deavors of the British ministry to carry these attempts into exe- cution by military force, have been their only motive for taking up arms; and to defend themselves against these endeavors, is the only use they mean to make of them. Entitled to freedom, they are determined to maintain it at the hazard of their lives and fortunes."
We will not detain the reader, by detailing the transactions of the English parliament during the session of 1775-'76. They Course of this are already recorded in our national histories; and colony upon the
proposition to it will suffice to say of them, that they left the colo- declare indepen-
dence. nies but little hope of relief from the justice of
England: Their petitions were spurned, their Assemblies de- clared rebellious, their persons and property made objects of plunder, and those bloodhounds of war, foreign mercenaries, were to be let loose upon them to pillage and desolate their country. The cup of bitterness was now full. Obedience was bondage : the last ties of interest and affection were sundcred ; and the American people were ready for Independence. In the colonies generally, but especially in Maryland, a declaration of independence had no effect except to close the door against re- conciliation. The government then established in this province, was as independent of England in its origin and operations, as that under which we now live, and was endowed with the fullest powers to give it continuance until the liberties of the colonies
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430
HISTORY FROM THE STAMP ACT
[Iist. View.
were restored. Happily for this province, it had not yet been the seat of war; and so general was the opposition of its inhabi- tants to the measures of the English government, that disaffec- tion to their provisional authorities, though it might lurk amongst them, dared not appear. Thus freed from the causes of excite- ment, which operated in other colonies, subject to the scourge of an internal warfare, and dwelling under continual apprehensions of treachery ; its people were comparatively calm and moderate, yet not less resolute in resistance. They were ready to keep pace with the movements of the sister colonies; and hence about the period when the proposition to declare independence was beginning to receive sanction, the usual oaths of allegiance to the English government were dispensed with by the Maryland convention. (37) The very forms of allegiance were thus sus- pended : but its total abolition was still considered by the convention a measure of doubtful policy. Such a step would for ever separate them from an internal government, under which they had hitherto lived, free, secure, and happy: and by destroying the provisional authorities, which could not long survive their temporary objects, it would force upon them the adoption of some new and untried system of government. It was a measure not contemplated at the time of their election; and upon which the sense of their constituents was not yet fully ascertained. But what was more apprehended than all else, it placed them in a new state of existence, the operation of which, upon the separate and independent condition of the province, it was impossible to foresee. The jealousy of the people of Mary- land, at all attempts to interweave their internal government with that of the other colonies, is apparent at every period of their colonial history: and it existed, even at this moment, to beget apprehensions. These were now increased by a measure of the continental congress. On the 10th of May, 1776, that body re- commended to the colonics generally, a dispensation with the oaths of allegiance to the crown, the total suppression of au- thority under the English government, and the establishment of permanent constitutions. This proceeding was at once regard- ed by the Maryland convention, as an attempt at internal regu-
(37) Journals of Convention of 15th May, 1776.
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431
TO THE REVOLUTION.
Chap. Vi.]
lation; and as such, was met by remonstrances. The resolves embodying these, which were adopted on the 21st of May, be- tray much of this jealousy. They represented the full efficiency of the convention to call into action all the resources of the province, and its entire willingness to redeem its pledges to the common cause, and to enter into any further engagement "which might be necessary to preserve the constitutional rights of America:" but they asserted, as preliminary to these, the ex- clusive right of the people of Maryland to regulate its internal government and police. As if to render this right more mani- fest, in re-appointing their delegates to congress, they again sub- jected them to the instructions of the preceding January, the nature of which has already been exhibited.
The public feceling was now ripe for the Declaration of In- Its concurrence dependence; and the restriction of the delegates, in the proposi- tion. by these instructions, was deeply regretted by the great body of the people, and by the delegates themselves. The latter, by their communion with the representatives of the other colonies, were more fully acquainted with the general sentiment, and more sensible of the advantages of such a declaration at this crisis. Every effort was therefore immediately made by them, to procure for themselves the delegation of unrestricted power upon the question of independence: and through their instrumentality, public meetings were convened in the several counties, the sense of which was every where found to be in favor of an im- mediate declaration. This was brought to bear upon the con- vention in all its force; and that body at once yielded to the public will. By its resolves on the 25th of June, the restrictions were removed : and the delegates were empowered to "concur with a majority of the colonies, in declaring them free and inde- pendent States, and in forming such further compacts, and mak- ing such foreign alliances, as might be deemed necessary." Yet even here the jealousy of internal interference was still appa- rent: for the pledge of the colony to ratify the measures so adopted was expressly dependent upon the condition, "That the sole and exclusive right of regulating its internal police and go- vernment was reserved to its people."
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HISTORY FROM THE STAMP ACT , [Hbt. View.
A still more decisive measure was adopted on the 6th of July, Mary and Decla- 1776. On that day, without waiting for the expect- ration of Inde-
pendence. ed declaration of Congress, and before its final rati- fication could have been known, the independence of this pro- vince was formally proclaimed by its own convention in the fol- lowing Declaration, which, for the dignity of its sentiments, and the force and fervor of its appeals, will not shrink from a con- - trast even with the far-famed Declaration of American Indepen- dence.
" A Declaration of the Delegates of Maryland."
"To be exempt from parliamentary taxation, and to regulate their internal government and polity, the people of this colony have ever considered as their inherent and unalienable right. Without the former, they can have no property; without the lat- ter, they can have no security for their lives or liberties.
" The parliament of Great Britain has, of late, claimed an un- controlable right of binding these colonies in all cases whatso- ever. To force an unconditional submission to this claim, the legislative and executive powers of that state have invariably pursued, for these ten years past, a studied system of oppression, by passing many impolitic, severe, and cruel acts, for raising a revenue from the colonists; by depriving them, in many cases, of the trial by jury; by altering the chartered constitution of one colony, and the entire stoppage of the trade of its capital; by cutting off all intercourse between the colonies; by restraining them from fishing on their own coasts; by extending the limits of, and erecting an arbitrary government in the province of Que- bec; by confiscating the property of the colonists taken on the seas, and compelling the crews of their vessels, under the pain of death, to act against their native country and dearest friends; by declaring all seizures, detention, or destruction of the per- sons, or property of the colonists, to be legal and just. A war unjustly commenced, hath been prosecuted against the United Colonies, with cruelty, outrageous violence, and perfidy; slaves, savages, and foreign mercenaries, have been meanly hired to rob a people of their property, liberties, and lives; a people guilty of no other crime than deeming the last of no estimation with- out the secure enjoyment of the former. Their humble and du- tiful petitions for peace, liberty, and safety, have been rejected
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Chap. VI.]
TO THE REVOLUTION.
433
with scorn. Secure of, and relying on foreign aid, not on his national forces, the unrelenting monarch of Britain hath at length avowed, by his answer to the City of London, his deter- mined and inexorable resolution of reducing these colonies to abject slavery.
"Compelled by dire necessity, either to surrender our proper- ties, liberties, and lives, into the hands of a British king and par- liament, or to use such means as will most probably secure to us and our posterity those invaluable blessings :
" We, the Delegates of Maryland, in convention assembled, do declare, that the king of Great Britain has violated his compact with this people, and that they owe no allegiance to him. Wc have, therefore, thought it just and necessary, to empower our deputies in Congress, to join with a majority of the United Co- lonies, in declaring them free and independent States, in framing such further confederation between them, in making foreign al- liances, and in adopting such other measures as shall be judged necessary for the preservation of their liberties; provided the sole and exclusive right of regulating the internal polity and go- vernment of this colony be reserved to the people thereof. We have also thought proper to call a new convention, for the pur- pose of establishing a government in this colony. No ambitious views, no desire of independence, induced the people of Mary- land to form an union with the other colonies. To procure an exemption from parliamentary taxation, and to continue to the legislatures of these colonies the sole and exclusive right of re- gulating their internal polity, was our original and only motive. To maintain inviolate our liberties, and to transmit them unim- paired to posterity, was our duty and first wish; our next, to continue connected with, and dependent on Great Britain. For the truth of these assertions, we appeal to that Almighty Being, who is emphatically stiled the searcher of hearts; and from whose omniscience nothing is concealed. Relying on his Di- vine protection and assistance, and trusting to the justice of our cause, we exhort and conjure every virtuous citizen to join cor- dially in defence of our common rights, and in maintenance of the freedom of this and her sister colonies."
Thus fell, in this colony, to rise no more, the dominion of England, and with it the government of the proprietary : and from their ruins, like the fabled creature of beauty from the 55 .
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HISTORY FROM THE STAMP ACT [Ilist View.
ashes of the Phenix, arose a free and independent State. (3-) The transformation was easily accomplished. The provisional government had in fact already suppressed the exercise of all au- thority by the crown or the proprietary; and under its command:, Mr. Eden, the last proprietary governor of Maryland, had de- parted the province. (39) The establishment of a permanent form of government had also been resolved upon, and the ne- cessary measures for it were already adopted. It had been determined in convention, on the 3d of July, that a new con- vention should be called for that purpose ; and its organiza-
(38) The effects of this revolution upon the private rights of the proprie- tary, and the adjustment afterwards made with Mr. Harford, will appear hereafter in our remarks upon the Land Office.
.(39) Robert Eden, who succeeded Mr. Sharpe, assumed the government of Maryland in June, 1760. Unfortunately for him, bis administration fell upon a period fruitful in causes of excitement, and abounding in the most angry dissensions, through which it was scarcely posible for him, under any circumstances, to have passed in peace ; and which the jolly "of his measures tended but little to assuage. His unadvised proclamation, although ascribed to the counsels of others, was, of itself, sufficient to have rendered him odious to the great body of the people. Yet in the midst of all the commotions of the province, and even whilst his own measures were exciting general indignation, he seems to have been respected, nay, even beloved." Easy of access, courteous to all, and fascinating by his accom- plishments, he still retained his hold upon the affections even of his oppo- nents, who, for the qualities of his heart, and the graces of his manner, were willing to forgive the personal errors of his government. Hence h.c was permitted to remain in the province, secure and privileged, even after the establishment of the provisional government ; and by its express excep- tions, he and his household were exempt from its authority. Continuing to enjoy this immunity, under the sanction of the convention, he resided in Maryland until June, 1776, when his; departure was required by the dis- covery of a correspondence, between him and Lord George Germaine of the English ministry. In this correspondence, governor Eden was assured, that his previous conduct was approved by his majesty, and he was directed to hold himself in readiness to assist the operations of an armament, in- tended against the southern colonies. There was more to excite jealousy, in the existence of such a correspondence, and the manner of its trans- mission, than in the character of the communication. It was transmitted through the obnoxious Earl of Dunmore, the late royal governor of Vir- ginia, and intercepted in the bay by the commander of an armed vessel in the provincial service, who discovered it on the person of a citizen of Maryland, returning from a visit to Dunmore's ficet, made under the
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Chap. VI.}
TO THE REVOLUTION.
435
tion was then fully prescribed. Four representatives were allot- ted to each county; except in Frederick, where four were allot- ted to each of its three districts corresponding to the three coun- ties of Montgomery, Washington, and Frederick, as afterwards established by the new convention; and for Annapolis and Bal- . timore, two for each. The old qualifications for voters and dele- gates were retained, to which were added others, excluding per- sons in the regular service of the colony or of the United States, or any of them, and those who had been published as enemies to the public liberties, and had not been restored to public favor.
sanction of the Council of Safety. The correspondence was immedi- ately forwarded, by the person intercepting it, to General Lee, by whom it was sent to the Maryland convention, with an urgent recommendation to seize the person and papers of the governor. The convention not being in session at the time of its arrival, the council of safety disregarded the request of General Lee, and, was content to receive the parol of the governor, that he would not leave the province until the meeting of that body. . Not- withstanding the recommendations and remonstrances of the sister colonies, and the attempt to seize him by an armed force from Baltimore, the council of safety preserved inviolate his person and property until the assemblage of the convention. By this body, the course of the council of safety was fully approved ; a severe censure was passed upon the gentleman heading the at- tempt from Baltimore; and the governor was for some time permitted to remain, under its protection, in defiance of censures and remonstrances from abroad. Its proceedings, in connexion with his case, are still interesting, as' manifesting towards the colonies, the same jealousy of foreign interference, and the same resolute support of its exclusive right to direct the internal con- cerns of the province, which had been apparent in its opposition to the Eng- lish government. It was, however, soon evident that his longer continuance in the colony, might bring his official obligations into conflict with its interests : and there was still a strong and increasing disposition amongst the people, which was fomented by "the Whig Club" of Baltimore, to lay violent hands upon him even against the injunctions of the convention .- IIe was therefore requested by the convention on the 24th of May, to leave the province : and in accordance with this request, which was couched in terms manifesting the most sincere regard for him, Mr. Eden departed from Annapolis in the ship Fowey, on the 24th of June, 1776 .-- " Till the moment of the governor's ombar- kation on the 23d, (says Mr. Eddis) there was every reason to apprehend a
ยท change of disposition to his prejudice. Some few were even clamorous for his detention. But the council of safety, who acted under a resolve of the convention, generously ratified the engagements of that body ; and after they had taken an affectionate leave of their late supreme magistrate, he was con- ducted to the barge with every mark of respect due to the elevated station he
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HISTORY FROM THE STAMP ACT
The place, time, and manner of election, were designated, and a period assigned for the meeting of the new deputies. The rs- isting convention was then, by itself, declared to be dissolved en the ensuing first of August: but the council of safety was still continued in existence, as the executive of the province, to : await the regulations of the intended Assembly. The new con- vention was accordingly constituted; and its members assem- bled at Annapolis on the 14th of August, 1776. The first step towards the objects of its assemblage, was to confide the prepa- ration of the new form of government and a charter of rights, to a special committee, from which they were reported on the 10th of September. (40) Copies of them were immediately published, and transmitted to cach county; and the convention was ad- journed for several days, so that its members might ascertain
bad so worthily filled."-He escaped in good season ; for the occurrences of that day, following his embarkation, effected an entire revolution in public feeling. Some deserters were received on board the Forrey on the evening of that day, whom captain Montague refused to surrender : and upon application to governor Eden, he professed his inability to effect their restitution. This pro- ceeding was a gross breach of confidence, as the vessel had been permitted to come up under the flag of truce, and as such, was highly resented. All com- munication with the vessel was instantly stopped : the governor's property, which was not yet embarked, was detained ; and the ship departed without it on the evening of the 24th .-- After the close of the war, governor Eden re- turned to Maryland, as I am informed, to seck the restitution of his property ; and here died.
The above history of the causes and manner of his departure, are collected from the journals of the convention of May and June, 1776, Green's Gazette, Eddis's Letters 278 to 316, and Gerardin's Continuation of Burke's Ilistory of Virginia, 155.
(40) The original members of this committee, (who were elected by ballot) were Messrs. Matthew Tilghman, (President of the convention) Carroll, bar- rister, Paca, Carroll of Carrollton, Plater, Samuel Chase, and Robert Golds- borough. Messrs. Chase, and Carroll, barrister, having resigned their seats as members of the convention, in consequence of certain instructions from their constituents which they could not approve, their places were supplied, by the appointment of Thomas Johnson, and Robert Hooe .- Mr. Chase was re-elected, but did not take his seat until the day on which the committee reported.
The form of government and bill of rights so reported, were but slightly altered in their passage through the convention. We know not by whom
Chap. VI.]
TO THE REVOLUTION. 437
the sense of the people upon the adoption of the proposed go- vernment. It re-assembled on the 2d of October : and, after the fullest discussion, "a Constitution," and " Declaration of Rights" were finally adopted, the former on the 8th, and the latter on the 3d of November. (11) The first Assembly of Maryland, under the new constitution, assembled on the 5th of February, 1777; and the new government was at length organized on the 13th and 14th of that month, by the election of Thomas Johnson as its first governor, and Charles Carroll, Senr., Josiah Polk, John Rogers, Edward Lloyd, and John Contee, as its first executive council.
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Thus was introduced and established the State Government of Maryland: which it is now our purpose to trace through all its modifications, from its establishment to the present day, and to exhibit in connexion the public institutions of the State which have sprung from its operation. From this period, the history of Maryland assumes a double aspect, because of its distinct yet not inconsistent capacities, as an independent State, and as a member of the United States under the old confederation and the present union. Looking to its former capacity alone, the history of its state institutions comprises all that is interesting in its internal administration; and to these our attention will be particularly directed. The consideration of its external rela- tions belongs peculiarly to the history of the nation; but when we shall have completed the survey of its internal government,
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