Chronicles of colonial Maryland, with illustrations, Part 28

Author: Thomas, James W. (James Walter), 1855-1926. 1n
Publication date: 1913
Publisher: Cumberland, Md., The Eddy press corporation
Number of Pages: 424


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Calvert and Anne Arundel. And thus its boundaries continued, until 1695, when the territory lying above Matawoman Creek and Swanson Creek was erected into a new County, called Prince George; that part of Calvert lying on the south side of the Patuxent River, as far up as Indian Creek, was re- turned to Saint Mary's, and that part of Saint Mary's and Calvert lying north westerly of Buds Creek and Indian Creek, was given to Charles.1


By this Act, the present boundaries of Saint Mary's County were thus specifically defined: "Saint Mary's County shall begin at point Lookout and extend up the Potomac River (and Wicomico) to the lower side of Bud's Creek, and so over by a straight line drawn from the head of the main branch of the said Bud's Creek to the head of Indian Creek in the Patux- ent River, including all that land lying between the Patuxent and Potomac Rivers, from the lower side of said two creeks and branches by the line aforesaid, and by Point Lookout" .?


The first civil divisions of Saint Mary's County were denominated hundreds. There were erected from time to time, as the increase of population and the development of the differ- ent section of the County demanded. In 1637, there were two hundreds in the County. Saint Mary's, which included the town and vicinity of Saint Mary's, and Saint Georges,3 which embraced the settlement on the opposite side of the river -- a district of country still bearing the same name. Mattapany, the settlement on the lower Patuxent, was not sufficiently numerous at that time for an hundred, and yet was recognized as a distinct legal division.4 In 1638, however, it became an hundred, and the same year, Saint Michaels hundred, extending from Saint Inigoes Creek to Point Lookout, was also erected. In 1639, Saint Clements hundred, embracing the neck lying be- tween Saint Clements Bay and the Wicomico River, was formed. Newtown hundred, lying between Saint Clement's Bay and Bretton's Bay, was referred to, apparently for the first time, in 1646; Saint Inigoes hundred, carved out of Saint


1 Act, 1695, C. 13. 2 Act, 1695, C. 13; McMahon, p. 81.


3 Archives (Pro. C1. 1637) p. 59. 4 Ibid (Pro. Ass. 1637) p. 2.


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Michael's, and lying between Saint Inigoes Creek and Trinity (Smith's) Creek, in 1649; Chaptico hundred, embracing the north western extremity of the County in 1688; Resurrection and Harvey hundreds, and the Patuxent settlement, were in Calvert County until 1695, when they were annexed to Saint Mary's.1


In 1777, the County contained the following hundreds : Saint Michaels, Saint Inigoe's, Saint Mary's, Poplar Hill, Saint George's, New Town, Saint Clement's, Chaptico, Harvey, Lower Resurrection and Upper Resurrection.2 These early political divisions each had a Conservator of the Peace and high Constable, and until 1659, every hundred was entitled to representation in the General Assembly.ª In many respects they bore close analogy to the system of civil divisions now known as Election Districts, by which they were superseded. The latter system had its origin under the Act of 1798.4 The Commissioners appointed to execute it for Saint Mary's County were Messrs. George Plater, Henry Gardiner, Charles Chilton, Richard Watts and Benjamine Williams," who in July, 1799, divided the County into three districts, Chaptico, Leonard- Town and Saint Inigoe's.6


The first levy for Saint Mary's County was made in June, 1648.7 It was made by a general meeting of the free- men of the County, and is the first instance on record in which County charges were levied in Maryland separately and distinctly from the general or provincial charges. The record of this meeting is as follows: "This day the ffreemen of the County of Saint Marie's mett together at the Govrs to advise touching the levy of the charges incurred this prt yeare and determined by the Govr and Councill on the 9th Octobr


1 Archives (Ass. Pro. Ist) pp. 28, 259; Ibid (Pro. Cl. Ist) pp. 89. 177; Ibid, (Pro. Cl. 3rd) p. 50; Act, 1795, C. 13.


3 McMahon, p. 465. 2 Journal House Representatives, 1777.


* Act, 1798, C. 115. 5 Act, 1799, C. 50. 6 Ibid.


7 In 1694, the Council ordered colors for horse foot and dragoon in the several counties as follows: Saint Mary's, red; Kent, blue; Anne Arundel, white; Calvert, yellow; Charles, bronze; Baltimore, green; Talbot, purple; Somerset, jack flag; Dorchester, buff ; Cecil, crimson.


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last to be levyed out of the County. The whole charges amonnting to 7752 lbs. of Tob and Cask. The ffreemen allege tht the charges for impresonment of the Indians is unduly laid upon the County; but alleged not anything material for it. Whereuppon the Govr found noe reason to alter his former order sett downe by the Govr and Councill as above. As con- cerning the manner of leveying the sd charges, the ffreemen unanimously agreed and concluded tht it should be leveyed upon all tytheable psons inhabts of St. Marie's County equally pr head tht were residing in the County from the 10th day of June last, wch resultieth in 551 Tob. June 14th, 1648".1


This appears to be the only instance in the history of the Province in which a County levy was made by a general meet- ing of the freemen. In 1650, delegates were elected from the several hundreds of the County for that purpose-a system which continued until 1704, when the duty of "laying the County levy" devolved upon the Justices of the County Court,2 and subsequently, upon the tribunal known as the "Levy Court".


The average value of land in Saint Mary's County in 1785, as established by General Assembly for purposes of assessment, was 24 shillings and 9 pence per acre, the fourth highest valuation in the State.3


The first County Seat of Saint Mary's, was Saint Mary's, City and in 1695, it was provided that the County Courts and records should be held and kept "forever hereafter in the State House in the City of Saint Mary's"."


In 1708, however, the Legislature ordered a town to be laid out at "Sheppards Old Fields", near the head of Bretton's Bay, a Court House to be erected, and the County Court of Saint Mary's County thereafter to be held there." "Sheppards Old Fields" then belonged to Philip Lynes. Commissioners were appointed and directed to purchase fifty acres of it for the use of said town, and to lay the same out into one


1 Archives (Ass. Pro. 1648) 231. 2 Act, 1704, C. 34.


3 Act, 1785, C. 53.


" Act. 1708, C. 3.


4 Act, 1695, C. 13.


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hundred lots. It was first called "Seymour Town"-a com- pliment, presumably, to the then Governor, John Seymour.


In 1728, the Legislature, after reciting the fact, that the laying out of the town, as provided by the former Act, had not been completed, appointed new commissioners to do so. They were directed "to purchase, by agreement, or valuation of a jury, fifty acres of land adjacent to the place where Saint Mary's County Court House now stands, and to cause the same to be surveyed and laid out for a town, into eighty lots, with convenient streets, lanes, etc.," without prejudice to the lots already there, or to the buildings and improvements of the heirs at law of Thomas Cooper. They were also directed to expose the lots for sale, giving the owner of the land his choice for two lots, and limiting the sale of the rest to one lot to each individual, and restricting, also, for the first four months, the sales to inhabitants of Saint Mary's County. The purchaser of every lot was to consent to erect thereon, within twelve months, a house covering at least four hundred square feet, with brick or stone chimneys. The proceeds of the sales were to go to "the public use and benefit of the town"; every lot was to be sold subject to a quit rent to Lord Baltimore of one penny per annum, and the lots remaining unsold at the end of seven years were to revert to the owner of the land.' By this Act also, all writs issued by the Court were to be made returnable there, and the name was changed to Leonard-Town" -the name it still retains-in honor of Benedict Leonard Cal- vert, the then Governor of Maryland.


In 1730, Mr. Thomas Spalding, who is referred to as the then owner of the land, was granted permission by Act of Assembly, to use the lots not taken up, but not to remove any of the boundary posts. It appearing also, that the deed for "the part of one acre of land" known as the "Court House Lot", and which had been given to the County by Mr. Philip Lynes, had not, through neglect of the clerk, been placed upon record, "though three of the bound posts are still standing and


1 Act, 1728, C. 16.


2 Ibid.


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the place of the other well known", special provision was made by this Act for curing the defect and vesting "the title to the said lot in the Justices of Saint Mary's County to the use of said County forever".1


The County Surveyor was by the same Act directed to "make a fair plat of Leonard-Town" to be subscribed by the Commissioners and recorded among the land records of the County. The records have perished, but the map has been preserved,2 of which the annexed illustration is a copy. This is believed to be one of the oldest maps extant of any existing town in Maryland, the first map of Annapolis having been lost, it is said, and the first one of Baltimore City being of about the same date (1730) as that of Leonard-Town. On the back of this map, and inscribed by its maker, is the list of persons who had purchased lots in the town, presumably between 1728, when it was laid out, and 1730, when the map was made.


This indicates, that, while a number of lots had been purchased, there was in the town at that time, besides the Court House, and the houses of Col. Greenfield and Mr. Brice, but one other building-the storehouse of Mr. Nicholas Lowe, standing on lots Nos. 41 and 42, though it likewise indicates, that all the other lots which had been taken up were then being built upon, except lot No. 39, property of Jno. Stewart.


The first Court House at Leonard-Town was built between 1708 and 1710. It was completed by the latter date, and was referred to by the General Assembly of that year, as the "new Court House built at Seymour Town, otherwise Sheppards Old Fields".3


In 1736, it was pulled down, and a new brick building was erected on the same site.4 This building, well remembered by many persons still living, and said to have been a capacious, well proportioned and stately structure, stood until March, 1831, when it was destroyed by fire, and was replaced by the present Court House. The first County Jail in Leonard-Town


1 Act, 1730, C. 5.


2 It is now in the possession of Mr. Francis V. King.


3 Act, 1710, C. 6. 4 Act, 1636, C. 14.


SAINT MARY'S COUNTY


325


56


57


58


59


55


60


54


67


53


62


52


63


51


64


50


65


40


86


48


67


47


68


46


69


45


70


44


7/


43


72


42


73


41


74


40


75


38


76


39


77


36


78


37


Court


79


House


80


Zott.


35


34


33


32


37


30


29


28


27


22


27


7


20


6


19


Brights Lott


4


18


2


..


17


Brittons


16


1 Act, 1737, C. 6.


was built under the Act of 1737,1 which authorized the Justices of the county to purchase the necessary ground for the same.


In 1799, the Jail was reported in a "ruinous condition, and unfit for use", and it was ordered to either be repaired or pulled down and rebuilt, the cost not to exceed two thousand dollars.ª The latter course, it appears was adopted.


An ancient land-mark of the original town, and still well remem- bered, was the quaint little build- ing known as the "Old Brick Of- fice", which, before the present Court House was built, was, it is said, the County Clerk's Office, and the Office of the Register of Wills. In recent years, when the main avenue of the town was wid- ened, the "Old Brick 26 25 23 24 Office" was left stand- 15 ing in the middle of 10 the street, thus mak- ing its removal ap- 12 13 parently necessary. It 9 was shortly afterward 10 pulled down, and the Bay material used, it is said, in the construc- tion of the present County Jail. It stood in front of "Moore's


2 Act, 1799, C. 51.


The tedar Bst at the beginning


3


Colt Greenfields Loca


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Hotel", on a site now partly covered with locust trees and still perfectly discernible.


The Saint Mary's County "Alms House" was erected under the Act of 1773. A levy, not exceeding 15 lbs. of tobacco per poll, for three years, was ordered to be made for the purpose, and Messrs. George Plater, Abraham Barnes, Zachary Bond, John Reeder, and James Jordan, the incorpo- rators, were directed to purchase one hundred acres of land as near Leonard-Town as it could be advantageously obtained, have the necessary buildings erected and furnished, and to appoint an overseer; the general management of the institu- tion to remain under their supervision.1 Having purchased the land (located about three miles below Leonard-Town), the trustees advertised to meet on September 22d, 1774, at Francis Smith's, in Leonard-Town, to receive bids for putting up the building.2


The other places associated with the early annals of Saint Mary's County, and which were denominated "Towns", were: "Harvey Town", on the Patuxent, at Town Creek; "Saint Joseph's Town", on the Patuxent, at Abbington Creek ; "Saint Jerome's Town", on Saint Jerome's Creek; "New Town", between Saint Clement's Bay and Bretton's Bay; "Saint Clem- ent's Town", at the head of Saint Clement's Bay, and "Wicom- ico Town", on the Wicomico River, between White Point (Island) and Bluff Point.3


These towns were named and ordered to be erected by the Legislature, which also provided for the purchase of one hundred acres of land for each of them and the appointment of Commissioners to lay them out, etc. The situation of each of them was eligible, but like most of the "paper towns" of Maryland of that day, they never exceeded a small aggrega- tion of houses, and have so far perished and passed away, that, with a few exceptions, even the site of their location is not to-day susceptible of identification.


Act, 1773, C. 18.


2 Maryland Gazette, September, 1774.


8 Acts, 1683, C. 2; 1684, C. 2; 1688, C. 6; 1706, C. 14; Report of Sheriff, 1698.


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SAINT MARY'S COUNTY


"Lowentown" was the name of a section of country rather thản a town, and was that which lay between Trinity Creek and Point Lookout, including the village known as "Tall Pine". It is said that Saint Mary's City was expected to de- velop into a town of "magnificent proportions", and to extend down to the lower part of the county; hence the name-a corruption of lower end of the town.1


Chaptico, or Choptico as it was first called, enjoys the distinction of being the oldest "village", except Saint Mary's City, in the County. Reference to it is found as early as 1652.2 Chaptico had the honor of a visit from Governor Calvert in 1663,3 and is otherwise noted in the early annals of Maryland, as the place at which the soldiers were mustered in, and the army organized for the "Protestant Revolution" in Maryland, and which, in July, 1689,4 resulted in the capture of the provincial capital, the overthrow of the Proprietary and the establishment of a royal government in the Province.5


In a letter from the Council of Safety of Maryland, of June 13th, 1778, to Captain Bennett Matthews, he is directed to proceed with his galley to Chaptico warehouse and receive of Captain John Thomas, who lived within a mile of it, the pro- visions that he has purchased If the galley will take more than Captain Thomas has, take so much of the Conti- nental provision at Llewellyn's warehouse (at Brambly) as will make up your load. You are then to proceed to the head of the Elk with the provisions as soon as you can.


The "Queen Tree", situated on the Patuxent River, near Forrest's wharf was also a Colonial village of very early date, and of no inconsiderable importance. It has long since disappeared, except in name, but the estate on which it stood


1 Allen Papers, in Whittingham Library.


2 Archives (Cl. Pro. 1652) p. 293.


3 Ibid, Ass. Pro. 1663, p. 474.


4 Ibid, Cl. Pro. 1689, p. 12I.


5 In 1660, the King of Chaptico was indicted by the Court Leet of Saint Clement's Manor for stealing hogs. Deeming it however, incon- sistant with his official standing to try the case in a Court Leet, it was referred to "ye Honble ye Govr", (Saint Clement's Court Records). In


6 Journal of Correspondence of Council of Safety, 1778, p. 134.


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is still called the "Queen Tree Farm". As late as 1774, it was still a "trading post", and the place where public sales of property in the neighborhood were usually conducted.1 A few miles below, on the Three Notched Road, was the old "wayside inn", known as "Floyd's". It was standing in 1813,2 and the place of its location still bears the name.


The following are the ports or places of entry in Saint Mary's County, established from time to time, by Act of Assembly, and where all imported goods and wares coming to the County, were required to be unloaded, and all tobacco and other commodities to be exported had to be taken for inspec- tion and payment of export duty : Saint Mary's City; Saint Inigoes, on Stephen Milburn's land; Saint George's, on Gil- bert Mackey's land; Leonard-Town, on Abrahams Barnes' land ; New Town, on William Bretton's land; Bretton's Bay, on John Bailey's land; Wicomico River, on John Llewellin's land; Indian Town, on his Lordships Manor; Chaptico, on Philip Keys land ; Westwood, on Thomas Gerrards land ; Piles Fresh, on Joseph Piles land; (the two latter in Saint Mary's County until 1695) Hamburg, on Philip Keys land; Cole's Creek, on the Patuxent, Mr. Cole's land; Harvey Town, on Town Creek, on Hugh Hopewell's land, and Saint Joseph's, at Abbington Creek, on the Patuxent.3


The old brick "ware houses", which were erected at these ports, and which stood as monuments to the shipping trade of the past, for many years after they ceased to be used


1688, complaint was made to Lord Baltimore by the King of Chaptico against Francis Knott and others, for "destroying the corn and beans of the Indians" and for "bringing strong drink into said Chaptico town." (Archives, Cl. Pro. 53). The Chapticons was one of the six tribes of Indians that Lord Baltimore proposed to settle on Calverton Manor containing about 10,000 acres, but his plan of colonization appears to have proven entirely impracticable, as in 1692, a formal treaty was en- tered into between Governor Copley and "Tom Calvert, King of Chap- tico," defining the rights and privileges of the latter over his ancient domain. Bozman, 676; Archives (Pro. Cl. 321.) As to this Manor, see chapters on The Land Tenure.


1 Maryland Gazette.


2 Griffith's Map of Maryland. 3 Bacon ; Hanson.


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for the purpose of their construction, have all yielded to the ravages of time and have passed away. Several of them, how- ever, were still standing within the recollection of persons still living, among them, the one at Brambly on the Wicomico, at the warehouse farm in Saint Georges and at Town Creek on the Patuxent.


The first public road in Saint Mary's County of which there is any record, is the one leading from Saint Mary's City to the Patuxent. It was called the "Mattapany Path", and was referred to as early as 1639.1 In 1643 it was stated by Father Philip Fisher, the priest in charge at Saint Mary's, in a letter to his Provincial, that "a road by land through the forest has just been opened from Maryland to Virginia.""" This is interesting as showing the existence of a road however impossible to identify it from so scant a reference. In 1674, an Act was passed "for amending the ways out of Charles County into the City of Saint Mary's", and which, after reciting the fact that the crossing at the head of the Wicomico River had been rendered dangerous "since the building of the mill there", provided that the Counties of Charles and Saint Mary's should construct a highway "passable for horse and foote over such place of Zachiah swamp within two miles of said mill upward as shall seem most convenient".3 The road thus referred to was probably the one which still leads from Charles County to Saint Mary's by way of Allen's Fresh, Chap- tico and Leonard-Town. An early reference is also made to a road leading from Saint Clement's Manor, by way of the "Wolf's Trap" and "Ironstone Hill" to Chaptico. It was called the "Chaptico Indian Path"." The road leading from Point Lookout to the northern extremity of the county was in use as early as 1692, and was then called the "Patux- ent main road"." In 1704, this, in common with certain other roads in the Province, was by order of the General Assembly®


1 Patent to Mary Throughton, 1639, Liber, I, p. 67.


2 Neill's Maryland, p. 49. 3 Archives (Ass. Pro. 1674) p. 408.


‘ Will, Luke Gardiner, 1703, Saint Mary's County.


5 Archives (C1. Pro. 1692) p. 475. 6 Act, 1704, C. 21.


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COLONIAL MARYLAND


marked by having notches cut in the trees at stated intervals along the road. The number of notches for this road, it being the one that led "to the Port of Annapolis", was three,1 and from these primitive guide marks, some of which may still be seen-it was called the "Three Notched Road" the name it bears to-day.


The first mail route established in Maryland was in 1695. It started at "Newton's Point upon Wicomico River" and extended by way of Allen's Mill", Benedict, Annapolis and Newcastle to Philadelphia. The post rider was John Perry, who received £50 per annum, and was required to make the round trip eight times a year .? It is stated that the system did not pay, and after the death of the first postman, in 1698, ceased to be carried on, and was not afterwards revived.3 But that it was revived is proven by the fact that in 1773, Charles Lansdale had the contract for the mail route between Leonard- Town and Annapolis, and advertised to receive orders at the various stopping places for purchases on commission.4 These places in Saint Mary's were James Jordan's, Wicomico and Chaptico.5


Prior to 1661, letters were sent in Maryland by private hand or special messenger, or were left at the nearest tavern or public house to be sent by the first conveyance which the landlord found available, but by Act of Assembly, of that year, all "letters touching the public affairs" of the Prov- ince, were, "without delay, to be sent from house to house by the direct way, until they be safely delivered as directed". Each householder was required to start it to the next house, within half an hour after receiving it, under penalty of 100 1bs. of tobacco.


In 1713, this curious system was abolished, and the duty devolved upon the Sheriffs of the several counties, who were required to "take care of all public letters and packets, and to expeditiously convey them, according to their respective


1 Ibid. 2 Journal U. H. 1695, p. 809; Scharf, I, p. 361.


3 McMahon, p. 266. $ Maryland Gazette, April 14, 1773.


5 Ibid. 6 Archives (Ass. Pro. 1661) p. 415.


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SAINT MARY'S COUNTY


directions, to the Sheriff or Under Sheriff of the next adjacent county",1 for which the Sheriff of Saint Mary's County re- ceived as compensation, 800 lbs. of tobacco.2


These Acts of Assembly, however, only applied to letters of a public character. For the conveyance of private letters, no provision was made until 1695, when the mail route before mentioned, was established; and, in 1713,3 it was made, for the first time, a penal offense in Maryland, to open a letter without authority.


Among the older land-marks in the county, are its "an- cient mill seats". Recognized as a public necessity, water mills, from an early date, were made in Maryland, the subject of special legislation, granting to the owner unusual privileges, and, at the same time, imposing wholesome restrictions upon them, among others the right to obtain through a Court of Chancery, ten acres of land on each side of the stream where the mill was to be located, and making it a misdemeanor to charge more toll than one-sixth for corn and one-eighth for wheat.4


Of the mills erected in Saint Mary's at an early date, the exact location of many of them is still perfectly discernible. Among them may be mentioned the mill on "Mill Creek", at St. Mary's City, and which was there as early as 1634; Dandy's mill, at Newtown, there before 1657; Lord Baltimore's mill, on "Gardiner's Creek", at Mattapany, there before 1690; the mill on "Tomakokin Creek", on Saint Clement's Manor, there before 1701; the mill at head of Saint Mary's River, at "Great Mills", there before 1728; Major Barnes' mill on "Bretton's Bay Run", above the "Plank Bridge", there be- fore 1748; Keys mill on "Saint Clement's Bay Run", there be- fore 1764; Bond's mill on "Chaptico Run", there before 1774 ; the "over shot water mill", at "Charlotte Hall", there before 1775; Tubman's mill, at the head of "Trinity (Smith's) Creek", there before 1813.5 Wind mills also, were not uncommon


2 Ibid.


1 Act, 1713, C. 2.


* Act, 1704, C. 16.


3 Ibid.


5 Relation of Maryland, 1635; Archives (Test. Pro. 1657) pp. 535, 543; Archives (Pro. Cl. 1690) 182; Will, John Coode; Will, Philip Key ;




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