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 6
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18
78
ANNALS OF ANNAPOLIS.
ways, answer or justifie the impeachment upon which it was grounded, for that, in the said impeachment, the said Truman stands charged of crimes committed against the laws of God, nations, this province, as also against the commission and instructions given him, viz: 'for the barbarous cruelty in causing to be put to death and murdering the five Indians, of which he being found guilty, the punishment prescribed and assigned in the said act of attainder, does no ways agree with, or answer the nature of that defence, it being greatly dishonourable, as well as unsafe and dangerous to lay any fine in such cases, and where such horrid crimes have been committed.'
'That the lower house of assembly having laid the impeachment soe high, (thought, as it is conceived,) no higher then the nature of the crime well deserved ; it will be much wondered by those who shall hear and view our proceedings thereon, what shall be the cause why the same hath been past over with so slender and slight a punishment, being no more than what crimes of a more inferior nature might have deserved. That, by this act of attainder, the government will not suffi- ciently be cleared, nor have it made appear to the world, how much the wickedness of that action is de- tested and disowned by us; nor in any sort will the lower house of assembly make out that great sense which, in their impeachment, they have expressed to have of that action.
'And which very much concerns the interest and safety of the government, it will not give any satisfac- tion to the heathens, with whom the publick faith hath been broke, and untill such actions are in a more pub- lic manner disowned, that the Indians may take notice
79
ANNALS OF ANNAPOLIS.
thereof. It is not to be expected that any faith or credit will be given to any treaties we shall have with them which, in this dangerous juncture of affairs, the country will stand in need of, and on which we must, in some measure, depend on, as the lower house of as- sembly were of opinion when they sent the paper in answer to captain John Allen's longer ranging.
'That, if crimes of so high a nature shall deserve no greater punishment than what is inflicted by that act, offences of a lower nature will not require any, and by this means, and through such proceedings as these, no commissions, instructions, powers and directions for the future, will ever be observed, and to no purpose will it be to think to tye up an officer by such hereafter, and so all authority will become ridiculous and con- temptible. In fine, by this act the lower house of as- sembly will have owned the actions of the said Truman more then (as they thought to have done) detested and abhorred them, and so render the government odious to all people that shall become acquainted with the pro- ceeding's.'
'LOWER HOUSE, 2d June, 1676.
'This paper being read in the lower house, and the debate re-assumed in this house, touching the said bill of attainder, and voted, nemine contradicente, that the said major Truman, for his crime, does not deserve death, in regard that several circumstances that ap- peared at his tryall, extenuate "his crime very much, as the unanimous consent of the Virginians and the eager impetuosity of the whole field, as well Marylanders as Virginians, upon the sight of the christians murdered at Mr. Hinson's, and them very Indians that were there killed, being proved to be murderers, both of them and
80
ANNALS OF ANNAPOLIS.
several other christians ; and in regard, also, that it appears to this house, that the said crime was not ma- liciously perpetrated, or out of any design to prejudice the province, but meerely out of ignorance, and to pre- vent a mutiny of the whole army, as well Virginians as Marylanders ; wherefore, this house do not think fitt to recede from their former vote.'
'UPPER HOUSE, June 2d, 1676.
'In pursuance to the paper from the lower house, read the 2d of June, touching the bill entituled an act of attainder, his lordship and this house do conceive it not safe for them to vote the killing of the five Susque- hannah embassadors no murther, for to them and all the world, it would and will certainly appear the greatest that ever hath been committed.
'That the unanimous consent of the Virginians (if true) does no ways alter the nature of the crime, nor since the said Truman had instructions plain enough to have made him abhorred and abominated so black an action, can as little serve for an extenuation thereof ; and whereas, in the said paper, for a further extenua- tion, it is signified that the said major, to prevent a mutiny of the whole army, was compelled and drawn to that action, this house are of another opinion; for, at the said Truman's tryall, did too plainly appear that his first commands for the killing of those Indians were not obeyed, and that he had some difficulty to get his men to obey him therein, and that after they were putt to death, not a man would own to have had a hand in it, but rather seemed to abhorr the act, which, untill now, hath been termed by all persons, those that were exe- cutioners only excepted, the most execrable of mur- thers.
81
ANNALS OF ANNAPOLIS.
'That the crime was not maliciously perpetrated as to authority, this house doth believe. But that it was done treacherously, and that in it a great and unheard- of wickedness was committed, by the lower house, can- not be denyed. And whether, by that action, the pro- vince will not be prejudiced, and many English mur- dered, his lordship and this house leaves to the further consideration of the lower house, no way pressing them to recede from their so positive vote, only desiring them that they will take notice that what is now undone lyes at their doors, and not with us who are positive in this, that his lordship and upper house dare not, and there- fore resolved, not to proceed upon an act which only bears the title of an act of attainder.'
'UPPER HOUSE, June 10th, 1676.
'This house, upon perusall of their own journal, do find that this house did not referr it to the consideration of the lower house, what punishment major Truman deserved, but ordered that a message should be sent to the lower house to desire them to draw up a bill of at- tainder against the said Truman, (which, when the lower house shall think fitt to draw up,) this house, as in the last paper they promised, will proceed upon.'
'LOWER HOUSE, June 12th, 1676 ..
'Touching that message received from the upper house on Saturday, in relation to major Thomas Tru- man, this house do say, that in desiring them to draw up a bill of attainder against major Truman, implies they were to consider not only of his crime, but his pun- ishment also ; and, therefore, desire that his lordship would be pleased to send an answer of this house's pe-
1
82
ANNALS OF ANNAPOLIS.
tition* to his lordship, in behalf of the said Truman, and to pass this bill of attainder as it is drawn in this house.
'This house conceiving it is their undoubted privi- legé not only to consider of his crime, but punishment.'
'UPPER HOUSE, June 12th, 1676.
'In answer to the paper received from the lower house, dated the 12th instant, relating to major Tho- mas Truman, this house do say, that the bill is only an attainder in the title, not in the body of the act. That this house cannot consent to inflict a pecuniary punishment upon a person who hath been accused by the lower house of murder, and by this house found guilty of the same ; and do further say that it is against the priviledges of this house to press this bill upon them any further.'
Here end the proceedings of the assembly in regard to this subject. On reference to an order a few pages back, it will be found that Philip Saunders was sum- moned to attend the assembly, on the petition of major Truman. What new light Mr. Saunders was able to throw on the matter, favorable to major Truman, our records do not inform us ; but we may safely infer that it was of a nature calculated to produce the 'unanimous decision of the lower house,' that major Truman, though guilty of the charge alleged against him, was not de- serving of capital punishment, from the facts brought before them, of an extenuating character.
At the meeting of the assembly in August of
1681. this year, on calling the lower house, there ap-
* This petition is not entered on the journals of the upper house, or it would have appeared in its proper place among these extracts. The journals of the lower house, for this period, are lost.
83
ANNALS OF ANNAPOLIS.
peared twelve vacancies. The lower house immedi- ately presented an address to the Lord Proprietary, sta- ting this fact, and requested that his lordship would appoint some officer to whom the speaker of their house might direct his warrants to cause the said vacancies to be filled ; until which, 'they humbly conceived them- selves greatly incapacitated to act and do proportiona- ble to the great trust reposed in them, and sufficiently to consult the grand and weighty affairs of the pro- vince.'. They also remonstrated against his lordship having called but two members from each county, at the present session, when four should have been called from each, according to law and custom in the pre- mises.
His lordship sent a message to the lower house, desiring their presence. On entering the upper house, the Lord Proprietary said, 'that by his proclamation by which they were now called, the law for four delegates is sufficiently disassented to, and that, otherwise, he would gratify their request in issuing out writts for fill- ing up vacancies :' and the lower house was requested to unite with the upper house, with the members then present, and to proceed to the transaction of the busi- ness of the province.
The lower house still hesitating to enter upon the 'great and weighty affairs' for which they were con- vened, his lordship consented that writs might be issued for supplying the vacancies for the present, pro- vided the lower house would acknowledge it as a favor. from his lordship, and so enter it upon their journals.
The lower house consented to make such an entry upon their journals, and to agree to two members being elected from each county, instead of four, provided his
84
ANNALS OF ANNAPOLIS.
lordship would consent that the speaker of their house should, in all future vacancies, have the authority to send his warrant to the secretary of the province, to issue out writs to fill all vacancies which might occur by death or otherwise, and stated their unanimous reso- lution 'to stand to and not to recede from the substance of their address,' and the right of their speaker to issue his warrants in case of vacancies ; and that they had 'made all the condesentions they can, without apparent violating their priviledges,' and hoped that the upper house would concur therein.
The upper house objected to grant the authority de- sired, for the speaker to send out his warrants of elec- tion, which they conceived, 'aimed at things wholly new and unheard of in this province.'
The lower house responded to the last message, viewing it as a 'denyal of the just and reasonable pro- posalls of this house for the future election of deputies,' &c. and passed a unanimous vote, 'that it was the un- doubted priviledge of this house, that the speaker of this house issue his warrants,' &c. and considered it 'a very unsafe, ill precedent to proceed any further in the business of the session, and requested his lordship to appoint some person to whom said warrants should be directed.'
The chancellor is thereon sent by his lordship to the lower house, to acquaint them 'that he cannot but won- der how the lower house of assembly assume to them- selves a power here that is not only new to us, and un- heard of before in this province, but not practiced in Virginia, Barbadoes, or any other of his majesties plan- tations,' &c.
'His majesty hath the sole power to dispose of his
85
ANNALS OF ANNAPOLIS.
conquests upon terms he pleases, &c.' and desired to know their positive answer, whether they would join them in the dispatch of business, promising if they would, he would immediately issue writs to fill up the house with four delegates from each county.
The lower house resolved, that if his lordship caused writs to issue as promised, that they would 'proceed upon such matters as shall be recommended to them from his lordship.' But at the same time, they asserted 'their rights and privileges, rather from the rules of England than the imperfect proceedings of the nominated colo- nies, the first being our inherent right-yea, and birth- right, though born in this province.'
'To liken us to a conquered people, we take very heavily, and wish we had not heard, and do wonder it should pass the upper house. But, if the word conquest intends that we are subjects to arbitrary laws and impo- sitions, then we humbly take leave to believe that they are not his lordship's words, but the result of strange, if not evill council.'
'That his majesty has reserved for us the rights and privileges of Englishmen, is that we insist upon.'*
At a later period, the house of delegates passed the following reso- lution .- See Journal of the house, 1722, page 2.
'Resolved, That this province is not under the circumstances of a conquer'd country ; that, if it were, the present christian inhabitants thereof would be in the circumstances, not of the conquer'd, but of the conquerors, it being a colony of the English nation, encouraged by the crown to transplant themselves hither for the sake of improving and enlarging its dominions, which, by the blessing of God upon their endeavours, at their own expense and labour, has been, in great mea- sure, obtained. And 'tis unanimously resolved, That whoever shall advance that his majestie's subjects, by their endeavors and success, have forfeited any part of their English liberties, are ill-wishers to the country, and mistake its happy constitution.'
8
86
ANNALS OF ANNAPOLIS.
The Lord Proprietary, in reply to the last message from the lower house, disclaims any intention to liken the freemen of Maryland to a conquered people, or sub- ject to arbitrary laws or impositions, and hopes that they may no way deserve that severe reflection, and assures them that he had always 'been ready to oblige and shew his kindness to the good people of this province ;' and, as a further testimony of it, states his willingness to issue writs as desired, if the lower house will ask it of him 'as a thing that will oblige (at this time) the inha- bitants of this province, of whom they are the repre- sentatives,' &c.
The lower house accordingly made the request, sta- ting their willingness 'to leave off all disputations about words,' saying, it 'will be matter of great content and rejoyceing to the good people of this province,' &c.
Thus ended this controversy between his lordship and the freemen* of the province, who shewed them- selves the worthy ancestors of the Maryland patriots of 1776. Throughout the whole legislative proceedings of this province, the representatives of the people are found to be the firm and unyielding supporters of civil liberty, and no one instance is found upon their records, of their having ever been guilty of timidity or treachery in regard to their own rights and privileges, or the interests of their constituents.
1683. The following extracts are taken from the rules and regulations for the government of the lower house of assembly of this year.
*The freemen of Maryland, as they were called, were emphatically so from their origin. They never permitted the Proprietary to en- trench upon what they conceived to be their rights ; and the records of this period furnish many instances in which they opposed and defeated the designs of the Proprietaries.'-McMahon's History of Maryland, vol. 1, page 222.
87
ANNALS OF ANNAPOLIS.
'That noe one shall come into the house of assembly whilst the house is sitting, with a sword or other wea- pon, but shall put the same into the hands of the door- keeper or other person appoynted thereto, upon penalty of a fine,' &c.
'That noe deputy, burgess, delegate or clerk, during this session of assembly, will be suffered to smoke to- bacco in the house, whilst the house is sitting, upon penalty of being fined or censured,' &c.
In 1683 Annapolis was erected into a town, port, and place of trade, under the name of the 'Town Land at Proctors.'
1694. In 1694 it was constituted a town, port, and place of trade, under the name of 'Anne Arun- del Town,' and made the place of residence of the collector of the district, the naval-officer, and their deputies, 'for the dispatch of shipping.'
In the same year major John Hammond, major Dor- sey, Mr. John Bennett, Mr. John Dorsey, Mr. Andrew Norwood, Mr. Philip Howard, Mr. James Saunders, and Nicholas Greenberry, Esquire, were appointed commissioners to survey and lay out the said town into lots, streets and lanes ; also a town-common or pasture, to be fenced in at the public charge within Leavy-Neck Cove, and Acton's Cove ; and which are the coves or heads of the two creeks, now known as Brewer's and Spa Coves. '
In this year, 1694, the seat of government, which had been at the city of St. Mary's from the earliest formation of the province, was by an act of assembly removed. And the place selected as the new site of the government, was a point of land at the mouth of ' the Severn river, as above stated, called 'Proctors,' or
88
ANNALS OF ANNAPOLIS.
"The Town land at Severn,' afterwards known as the 'Town at. Proctors.' At the period of its selection as the future seat of government, it was described as 'The Town land at Severn, where the town was formerly ; and as preliminary to the removal, it was erected into a port of entry and discharge, for the commerce of the province, under the name of 'Anne Arundel Town,' and for the holding of the meetings of the general as- sembly and provincial courts.
In February of this year, (1694) Francis Nicholson, Esquire, governor, met in council at the court-house at Anne Arundel Town, and issued an order for the 're- moval of the records from the city of St. Mary's to Anne Arundel Town, to be conveyed in good strong bags, and to be secured with cordage and hides, and well packed-with guards to attend them night and day, to be protected from all accidents, and to be de- livered to the sherriff of Anne Arundel county, at Anne Arundel Town.'
The final removal of these from St. Mary's, took place in the winter of 1694-1695. And the first as- sembly was held at Anne Arundel Town, on the 28th of February, 1694, (old style.) At the next session, it acquired the name of the 'Port of Annapolis,' and became the place of sessions for the courts of Anne Arundel county.
1695. In this year it was enacted by the general assembly that there be one or more places laid out and reserved for ship yards. That the naval-officer reside there; and that Anne Arundel Town for the future, should be called, known and distinguished by the name of 'Annapolis.'
At the session of assembly held in this same year,
89
ANNALS OF ANNAPOLIS.
(1695) it was voted, 'that a publique ferry be kept upon Severn river at Annapolis, for the accommoda- tion of the publique.' Allen Robinett was appointed the keeper of the ferry, was required to reside in An- napolis, and for his services received nine thousand pounds of tobacco per annum, out of the publique revenue.
1696. In 1696, an act of assembly was passed for 'keeping good rules and orders' in the town of Annapolis ; and his excellency Francis Nicholson, the honourable Sir Thomas Lawrence, the honourable Nicholas Greenberry, the honourable Thomas Tench, major John Hammond, major Edward Dorsey, Mr. James Saunders and captain Richard Hill, or any five of them, were made the body corporate for the said town.
By the same act governor Nicholson was presented with a lot of land within the town common, 'for plant- ing or making a garden, vineyard and summer house.'*
It also appears from the same act, that a 'Mr. Richard Beard, gentleman,' had made a map or plot of the town.,
The above named commissioners were authorized to erect and constitute a market, to be held once a week, and a fair once every year; and a new state-house di- rected to be built. At the same session it was pro- posed to have a 'Bridewell, if any person would under-
The land surveyed for and presented to governor Nicholson by this act, comprised all that portion of the town, beginning on the north-east side of the present dock (then called Nicholson's Cove,) running with a straight line to East street, with said street to the public circle, with said circle to Francis street and Church street, to the south-east side of the dock.
8*
90
ANNALS OF ANNAPOLIS.
take to build and keep it; that all idle and vagrant per- pers may be taken up and put to work there.'
The house determined 'that such Bridewell or house of correction was very necessary and convenient, but that the present ill circumstances of this province will not admit the beginning or carrying on of any new building then already undertaken.'
For the improvement of Annapolis, it was proposed and adopted by the house 'that ye townes people be empowered to purchase a common, and for the com- missioners of the said town to make bye-laws, with power to ffyne any persons, inhabitants committing breach thereof in such summe to be ascertained.' 'To assess ye conduit made at the publique charge. That the common be well cleaned with ye points of land, and ye place dividing the common to be well ditched.' 'That an handsome pair of gates be made at ye com- ing in of the towne, and two triangular houses built for ye rangers.' 'To have the way from the gate to go directly to the top of ye hill without the towne, and to be ditched on each side and sett with quick setts or some such thing.'
'That part of the land which lye on ye creeke,* by major Dorsey's house,t whereby his excellency at pre- sent lives,¿ be 'sett aside for publique buildings, and if in case the same happen to come within any of
This creek made up the ravine just above the governor's pond, and passed through the lower part of the garden where chancellor Bland now resides.
t This house is not standing, nor is the precise location of it now known.
¿ Governor Nicholson then resided in the house now owned and occupied by G. G. Brewer, Esq.
91
ANNALS OF ANNAPOLIS.
ye said major's lotts, -- propose that land be given him elsewhere for it.
"To have in the said towne two ffairs a year, and persons coming thither not to be arrested for one day before the said ffair and one day after.
'That' forty foot space be left along the water side within the port of Annapolis, for any person to build warehouses upon, if the owners of such lotts that front upon the same do not build thereon in such a tyme to be sett.' 'That the holes made by grubbing up stumps and cutting off tops of stones in the said port of An- napolis be filled up.'
It was also proposed this year to build a church in Annapolis, and a committee was appointed to 'inspect into the proposals for building the same.'
Major Edward Dorsey from the committee, reported 'that there was in Banck for building the church at Annapolis, £458 sterling. That they had discoursed workmen, and the carpenter demands for his work £250-the bricklayer, having all stuff upon the place, £220-the brickmaker £90-that they find no other means to raise money therefor without the assistance of some charitable disposed persons. That the charge of building the said church will amount to £1200 sterling.'
An act passed the same day imposing a tax of 'three pence per hundred on tobacco, to continue and be in force untill the 12th day of May, which shall be in the year of our Lord God, 1698, and to be applied to the building of ye church at Annapolis.' The architect of this church was named Thomas Ffielder.
This year a Mr. Gaddes arrived at Annapolis, 'being sent out by his Lordship the Bishop of London'-the house appointed him to read prayers in some vacant
92
ANNALS OF ANNAPOLIS.
parish, and made a provision for his maintenance, of 10,000 pounds of tobacco.
The legislature at its May session, in 1696, passed an act, establishing at Annapolis an academy by the name of 'King William's School,' 'for the propagation of the gospel, and education of youth in good letters and manners.' Of this school the distinguished Wil- liam Pinkney was a student. Mr. Pinkney who has been justly styled 'the wonder of his age,' was a na- tive of Annapolis, and well may the city boast, as she, with a commendable pride, does, of having sent forth into the world a son whose memory she fondly cherishes, and whose commanding talents and gigan- tic mind called forth the admiration both of Europe and America.
1697. 1 In 1697, governor Nicholson proposed to the house of burgesses, 'that his Majesty, William III., be addressed that some part of the revenue given towards furnishing arms and ammunition for the use of the province, be laid out for the purchase of books to be added to the books which had been presented by the king, to form a library in the porte of Annapolis ; and that a portion of the public revenue be applied to the enlargement thereof; and that the library should be placed in the office, and under the care of the com- missary of the province, permitting all persons desirous to study or read the books, to have access thereto under proper restrictions.'
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.