USA > Maryland > Anne Arundel County > Annapolis > Annals of Annapolis : comprising sundry notices of that old city from the period of the first settlements in its vicinity in the year 1649, until the war of 1812 ; together with various incidents in the history of Maryland, derived from early records, public documents, and other sources ; with an appendix, containing a number of letters from General Washington, and other distinguished persons, which letters have never been published before > Part 5
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'WENLOCK CHRISTERSON, Jo. HOMEARD,
'WILLIAM PERRIE, RI. BEARD, &c.'
'Ordered by the house, that the petition here above be sent to the lower house, and offered to their consi- deration.'
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This petition was accordingly sent to the lower house, who returned it with a message requesting to be informed by his excellency and the upper house, whether, in their opinion, the assembly had the power to alter the form of the oath prescribed by the laws of England, in point of evidence between the king and his people, &c. in matters depending within this pro- vince or not. To which message, the upper house. replied, that they had resolved, that the petition should remain upon the journal till further advice from the Lord Proprietary, who declared that he 'formerly had intentions of gratifying the desire of the said people, called quakers, in that kind ;' but, for some reason not mentioned, his lordship desired 'that all proceedings therein be, for the present, suspended.'
This highly respectable and long misunderstood society of christians, were not restored to the rights and privileges, so moderately, but firmly, insisted upon in the foregoing petition, until the year 1702 *- when the legislature struck from the statute books this relict of intolerance.
1675. For several years previous to 1675, the in- habitants of the province of Maryland, and the Indians within, and upon her border county, lived upon terms of peace and amity. Indeed, it could not well be otherwise, such being the nature and benevo- lent character of the laws and resolutions of the pro- vince for the protection of the friendly Indians. From the proceedings of the assembly, the strongest dispo- sition was manifested to cherish and protect them ; and in no instance did the government take from the
* See act of 1702, chap. 1, sec. 21.
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Aborigines one acre of land without a remuneration perfectly satisfactory to them .* The cause of the fre- quent removals by the Indians grew out of the wars carried on between the different tribes. The Piscatto- way and Patuxent Indians, who were uniformly friendly to the colonists, were protected from the more fierce and warlike tribes of Senecas and Susquehanocks, by the forces of the province.
At least in one instance (in 1673) the province rented land 'of the orphans of a Mr. Billingsley,' for the space of five years, for the use of the Mattapanie and Patuxent Indians, until 'some other place might be found for further settlement,', and the expense ordered to be paid out of the public treasury. The Piscatto- ways were located at the head of the Potomac, and were presented with many implements of husbandry -- and every possible inducement held out to encourage them to make a permanent residence there. Three years provision was supplied them, that they might not want, and until they could by the cultivation of their land support themselves. Arbitrators were appointed throughout the province to determine all difficulties which might arise between the English and the Indians :
'Resolved, That if there be any pretence of conquest, it can be only supposed against the NATIVE INDIAN INFIDELS ; which suppo- sition cannot be admitted, because the christian inhabitants purchased great part of the land they at first took up from the Indians, as well as from the Lord Proprietary, and have ever since continued in an amicable course of trade with them, except some partial outrages and skirmishes which never amounted to a general war, much less to a general conquest, the Indians yet enjoying their rights and priviledges of treaties and trade with the English, of whom we yet frequently purchase their rights of such lands as we take up, as well as of the Lord Proprietary.' See journal of the house of dele- gates, 1722-page 2.
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and where even-handed justice was not awarded to the Indian, the offending arbitrator met with the censure of the assembly, and with suitable punishment.
The Susquehanocks commenced hostilities against the colonists in 1639, and committed many murders and depredations on them. This warfare appears to have been brought on by the endeavors of the colonists to stay their incursions against the peaceable and friendly tribes of Piscattoway and Patuxent, and pro- bably the Yoamacoes, with whom the Susquehanocks never ceased to wage hostilities since the first settle- ment of the Maryland colony at St. Mary's.
In 1652, at the earnest desire of the Susquehanocks, a treaty of peace and amity was concluded between them, the colonists and the friendly Indians. This treaty took place 'at the river Severn, in the province of Maryland,'* on the fifth day of July, in that year. The terms of the treaty then made, appear to have been inviolably observed until this year, (1675) when a circumstance occurred to disturb the harmony which had so long endured between the respective parties ; the particulars of which will be presently given from the journals of assembly, under the head of 'the im- peachment of major Thomas Truman.'
The Susquehanocks, who had been till about this period, (1675) one of the most powerful of the Indian tribes in Maryland-had in their turn to fly before the more formidable and warlike tribe of Senecas, and were driven by them from the head of the Susque- hannah. They took refuge in the neighbourhood of the Piscattoways, at the head of the Potomac. Soon after their reaching this place, Maryland and Virginia
* Now the City of Annapolis.
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were induced in consequence of recent murders having been committed on several of the inhabitants, to send out an expedition in that direction. The united forces of Maryland and Virginia invested a fort, then occu- pied by the Susquehanocks, but belonging to the Piscattoways.
It appears from the journals of assembly that five of the chiefs of the Susquehanocks were enticed from this fort under pretences of friendship, and then treach- erously murdered-for which major Truman, who commanded the Maryland forces, was impeached and tried for murder. As another evidence of the justice of the province, even to a 'cunning-skulking, and dangerous enemy,' proof will be adduced from the journals, on the impeachment of major Truman .*
'Impeachment of major Thomas Truman.'
'UPPER HOUSE. 1676. 'On Tuesday, May 16th, (1676,) at 8 in the morning, the house met.
'Present ; The Right Honourable the Lord Proprie- tary, the Honourable Secretary, Jesse Wharton, Esq., Thomas Taylor, Esq., Baker Brooke, Esq,
'The Honorable Chancellor enters the house,
'The lower house requested by colonel Burgess and Mr. Weekes, that the commission and instructions from his lordship to major Thomas Truman, touching the late warr with the Indians, may be sent to them by this house. In pursuance whereof the Honourable Secretary and lieut, col. Tailor were by this house
* This major Truman was at one time a distinguished member of the assembly, and chancellor of the province.
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sent with a true copy of the said commission and in- structions, who delivered the same to the lower house,'
'LOWER HOUSE, 16th May, 1676.
'Voted that a message be sent to the right honour- able the Lord Proprietary and upper house, to desire to know in what articles of major Truman's commis- sion and instructions he hath been faulty, and who are the persons that accuse him, and can prove it; that so the said persons may attend this house to give them satisfaction in the crimes and offences of the said Truman.'
'In answer to which message this house returned to the lower house, that it is conceived by this house, that the lower house are the general inquisitors of this province, and ought to become impeachers of the above mentioned Truman, touching his guiltiness of the breach of any of the articles above, as the same shall appear to them upon examination of witnesses. Some of the most considerable of the said witnesses now sitting in their house, and that this house is ready to receive the said impeachment.
'Signed by order,
RICHARD BROUGHTON, Clerk of the Assembly.'
'Ordered, that Cornet Courtney and William Cole do appear before the lower house, to make report of some matters to them, touching the impeachment of major Thomas Truman.'
'Ordered by the upper house, that captain Henry Darnell do forthwith secure the person of major Thomas Truman in safe custody, till the said major shall clear himself of such crimes and offences whereof he shall stand impeached by the lower house of assembly.'
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'Ordered, that captain John Allen and doctor Charles Gregory do, with all expedition, make their appearance before the right honourable the Lord Proprietary and his honourable council, sitting in assembly, to testifie. the truth of their knowledge touching the late barba- rous and inhumane murder of five Susquehannah In- dians, and that the said captain Allen give strict com- mand to his lieutenant to continue ranging the woods in his absence.
'Signed, &c.'
'To captain John Allen and
'Dr. Charles Gregory, of Charles county.'
A similar order to the foregoing was issued to Ninian. Beale.
'Interrogatories for John Shanks, to be examined touching the late expedition against the Susquehannah Indians.
1st. 'Whether major Truman, with the forces under his command, was at the north side of Pis- cattoway creek, and did there expect and meet the Virginians.
2d. 'Whether the said major consulted with his of- ficers and those of Virginia afore he held any discourse or treaty with the Susquehannah Indians which came out of the fort ; also, whether it was with the knowledge of any of his officers, that he treated and endeavoured to make the Susquehannahs believe he intended no harm or disturbance to them, and what officers or others he knowes were present when orders were given by the major for the putting those great men to death.
3d. 'Whether he knows that, at any time, the of- ficers of Virginia did desire or put major Truman upon any design pressing him to employ his soldiers about or upon any service during the seige, and if major Tru-
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man did, at any time, execute any thing at their request by receiving instructions or directions from them.
4th. 'Whether did major Truman bid the Susque- hannahs not to fear him, or tell them that he came only to seek the Seneca's, and that he would lodge that night hard by them, and use that as an argument for them, their wives and children, not to be afraid, or that or any other expression to that effect.
5th. 'What writings, articles of peace or amity did the said Susquehannahs ever produce to major Tru- man.
6th. 'Did the said Susquehannahs ever shew a med- dall of silver, with a black and yellow ribbond.
7th. 'Did they shew the said ribbond and meddall as a pledge of amity given them by the former governors of this province, and was the said meddall given to major Truman or any other Englishman, or was it car- ried back again into the fort.
8th. 'Did major Truman stay at the north side of Pisscattoway creek till the Virginians came thither to him, or did he there treat with them concerning the management of the warr against the Susquehannahs.
9th. 'Did the Susquehannahs ever after offer any treaty of peace, or desire to continue friendship, and whether did major Truman ever demand satisfaction from them for any injuries done, or tell them they were the persons which we suspected had injured us.'
'The answer of John Shanks to several interrogato- ries put to him by the upper house.
'This deponent saith that he, with the Maryland forces, being at the fort of the Susquehannahs on the Sabboth day, he was sent up to the fort to desire one of the great men, by name Harignera, to come and speak -
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with major Truman, and the said Harignera being dead, this deponent desired some'other great men to come and speak with the said major, upon which message of his, there came out three or four of them, and this deponent was commanded by the major to tell them of the great injuries that had been done to the country, and that he came to know who they were that had done them, and the great men replyed, it was the Senecas; and this deponent saith, that there being present other Indians from other towns, the major desired some of their young men to assist as pilotes, as well as the neighbouring In- dians had done, to join in pursuite of the Senecas, and the said Indians replyed, the Senecas had been gone four days, and that, by that time, they might be at the head of Patapsico river ; to which major Truman re- turned, that he had good horses, and they were good footmen, and might soon overtake them, and the In- dians replyed, that they would. And the deponent further saith, that, in the morning following, the Sus- quehannahs' great men being at the place of meeting before the Marylanders and Virginians, the said great men were taxed again by the Virginians more highly of the injuries done by them in Maryland and Virginia, and they utterly denyed the same. And thereupon, this deponent was commanded to declare to them that they should be bound ; and this deponent saith, further, that there was an old paper and a meddall shewed by the said Indians, with a black and yellow ribbond there- to, and that the said Indians did say, the first day, in the evening thereof, that the same was a pledge given and left with them by the former governors as a token of amity and friendship as long as the sun and moon should last. And this deponent saith, to the best of
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his remembrance, all the Virginia officers were present when the Indians were bound ; and this deponent saith, that the first night of meeting with the Susquehannahs, he was ordered to declare to them that major Truman did believe the Senecas had done the mischief, and not they, and that he was well satisfied therein.'
'SATTURDAY, May the 20th, 1676.
"The house met.
'Touching the murder of the Susquehannah Indians, captain John Allen being sworn and examined, saith, that about the 25th or 26th day of September, on Sun- day morning, the Maryland forces appeared before the fort, under the command of major Truman, who, send- ing Hugh French and another to the fort, there came out two or three of the Indians, and more afterwards to the number of thirty or forty, and the major examined them concerning the mischief that was done to Mr. Hanson and others, and if they knew what Indians they were, and they told them it was the Senecas. During which discourse between the major and them, came over colonel Washington, colonel Mason, and major Adderton, and they likewise taxed them with the mur- ders done on their side by them, but they made the same reply as to major Truman, that it was none of them ; so, when they saw they could get nothing out of them, then they made it appear that three of the said Susquehannah Indians were they that did the murders on the other side. On Munday morning early, the ma- jor commanded Mr. Coad and two or three ranks of men, whereof himself was one, to go to the house of Mr. Randolph Hanson, to see if the Indians had plun- dered it, and, if they found any ammunition, to bring it
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away; which, accordingly, they did ; and after return back to the fort, the deponent saw six Indians guarded with the Marylanders and Virginians, and the major, with the Virginia officers, sitting upon a tree some dis- tance from them ; and, after some while, they all rose and came towards the Indians, and caused them to be bound ; and after some time, they talked again, and the Virginia officers would have knocked them on the head in the place presently, and particularly, colonel Washington said, what should we keep them any long- er-let us knock them on the head-we shall gett the fort to-day. But the deponent saith, the major would not admitt of it, but was overswayed by Virginia offi- cers. And, after further discourse, the said Indians were carried forth from the place where they were bound, and they knocked them on the head.
'Colonel Samuel Chew and colonel Jesse Wharton sent to desire the lower house to acquaint this house whether they have drawn up any thing by way of im- peachment of major Thomas Truman, and that they would please to signifie the same to this house by a member of their own house.'
'MONDAY MORNING, May the 22d.
"The house met.
'Colonel William Burgess, Mr. Robert Carville, Mr. Kenelm Chiseledine, Mr. William Stephens, &c. brought in an impeachment against major Thomas Truman, with several depositions relating thereto, which impeachment is as follows :
'To the Right Honourable the Lord Proprietary of the Province of Maryland, and Avalon, Lord Baron of Baltimore, &c.
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'Articles against major Thomas Truman, exhibited by the lower house of assembly to the right honourable the Lord Proprietary, and upper house of assembly.
'We, your lordship's most humble, true, faithfull and obedient people, the burgesses and delegates in your lower house of assembly, being constrained, by neces- sity of our fidelity and conscience, in vindication of the honour of God, and the honour and welfare of your lordship and this province, do complain and shew that the said major Thomas Truman, late commander-in- chief upon an expedition against the Indians at the Susquehannah forte, hath, by many and sundry ways and means, committed. divers and sundry enormous crimes and offences, to the dishonour of Almighty God, against the laws of nations, contrary to your lordship's commission and instructions, and to the great endan- gering of your lordship's peace, and the good and safety of your lordship's province, according to the articles hereafter mentioned, that is to say :
'We find, upon reading your lordship's commission and instructions, and the affidavits which we herewith send to your lordship and upper house of assembly, and which we humbly submitt to your lordship's examina- tion and serious consideration.
'The first. That the said major Truman hath broken his commission and instructions thus : that the said ma- jor Thomas Truman having received six Indians sent out by the Susquehannahs as embassadors to treat with him on the Sunday after the arrival of the Maryland forces, and received their paper and meddall, by which we find they were received as friends, and in amity with us, and had liberty of going back to the fort, and were assured that no intention of force was to be used against
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them, and that no damage should be done to them, their wives, or children, and that they did, that night, go into the forte, and the next morning did return again with the like number, only one Indian changed, and supposed to come on purpose to treat, and not in any hostile manner, yet the said major Thomas Truman, without calling any council of warr of your lordship's officers under his command, as he ought to have done, did, in a barbarous and cruel manner, cause five of the said Indians to be killed and murdered, contrary to the law of God and nations, and contrary to your lordship's commission and instructions.
'Secondly. That he, the said major Thomas Truman, ought, according to your lordship's instructions, to have acquainted your lordship before he caused the said In- dians to be executed, for your lordship's advice and . directions in that case, which we do not find he did.
'Lastly. That he hath broken your lordship's instruc- tions in this also, that that, if the Virginia officers did advise and consent to the killing of the said Indians, that he did not, in an open council of warr, cause the same to be judiciously entered in writing by his clerk or secretary, and such the Virginians consent and desire for the doing thereof, to be signed under their hands, to be kept for justification of himself and the people of this province.
'Therefore, for that, by the said articles, it appears that the said major Thomas Truman hath broken his commission and instructions in murdering the said In- dians, to the dishonour of God, and your lordship and this province. They humbly pray that your lordship and upper house of assembly will take such order with the said major Thomas Truman as may be just and rea-
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sonable, in terror of others to beware of such offences against your lordship for the future. And your lord- ship's most humble and obedient servants, as in all duty bound, shall daily pray for your lordship's long and happy dominion over us,' &c.
'LOWER HOUSE, May the 22d, 1676.
'The committee, having drawn up the above im- peachment against major Thomas Truman, and pre- senting to this house for their further consideration, put to the vote, whether the said impeachment shall be transmitted to the upper house as the committee have drawn it, yea or noe.
'Voted, that it be transmitted to his lordship and up- per house, as it is drawn by the committee, together with all the depositions relating thereto annexed to it. 'Signed by order of the lower house,
'ROBERT RIDGELY, Clerk.'
'UPPER HOUSE, 26th May, 1676.
'Ordered, that the honourable secretary be requested to acquaint major Thomas Truman that his witnesses cannot be sworn by this house to-night.
'To-morrow morning being the day appointed for the tryall of major Thomas Truman, impeached by the lower house, this house desire to know of the lower house how they intend to proceed against the said Truman, and that they will send their vote to this house this night, with the names of the persons who they in- tend shall manage that affair.'
'LOWER HOUSE, 26th May.
'Ordered, that the attorney-general, Mr. Robert Car- vile, colonel William Burgess, and Mr. William Ste-
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phens manage the impeachment against major Thomas Truman, at his tryall. 4
'The lower house desiring that the original impeach- ment against major Thomas Truman, with the original depositions, may be put in the hands of such persons as the lower house have voted to manage the said impeachment.
'The honorable secretary, by order of this house, did go down with the said impeachment and depositions.'
'On Saturday, May 27th, the house met in the after- noon.
'Present, The Right Honourable the Lord Proprie- tary, the honourable Chancellor and Secretary, colonel Samuel Chew, colonel Jesse Wharton, and colonel Thomas Taillor.
'Major Thomas Truman having due notice given him on Thursday last to prepare for his tryall, this af- ternoon being called, did make his appearance, and the articles of impeachment against the said major Thomas Truman being read, and after this, the several deposi- tions annexed thereto, which, also, were sworn to by the several and respective deponents in the presence and the hearing of the said major Thomas Truman, Mr. Kenelm Chisledine, his lordship's attorney-general, Mr. Robert Carvile, colonel William Burgess, and Mr. Wil- liam Stephens, according to a preceding order of the lower house, did manage the said impeachment, and urge the several evidences against the said major Tru- man, and the said major, by Mr. Benjamin Rozier, his council assigned him, did confess the same, and de- clared that the said major did no way intend to stand upon his justification ; after which confession and de- claration, the said major, by his said council, did hum-
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bly pray that this house would admitt the reading of a certain paper which the said major said he hoped would somewhat extenuate and mitigate the crimes before by him confessed, so that they should not appear so griev- ous and enormous as in the said impeachment they were held forth to be; and the said major Thomas Truman, by his said council, was admitted to make his defence.
'Whereupon, and upon full hearing on both sides, and after reading of the said major's commission and instructions from his lordship and council, was put the question, whether major Thomas Truman be guilty of the impeachment exhibited against him by the lower house, and voted, nemine contradicente, that the said major Thomas Truman is guilty of the first article of the impeachment for commanding five of the said Sus- quehannahs that came out to treat with them, to be put to death, contrary to the laws of nations, and the second article of his instructions, by which he was ordered to entertain any treaty with the said Susquehannahs.
'Upon which vote, it was ordered that a messenger be sent from this house to the lower house, to desire them to draw up a bill of attainder against the said major Thomas Truman.
'Ordered, that Philip Saunders be sent for, to attend this house in pursuance to a petition exhibited by major Truman for that purpose.'
'UPPER HOUSE OF ASSEMBLY, June 1st, 1676.
'Then was taken into consideration the bill of attain- der of major Thomas Truman, sent up from the lower house yesterday, and upon serious consideration thereof and debate thereupon, this house do judge that the act drawn up against major Thomas Truman does, in no 7*
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