History of Caroline County, Maryland, from its beginning, Part 2

Author: Noble, Edward M
Publication date: 1920
Publisher: [Federalsburg, Md., Printed by the J. W. Stowell Printing Co.
Number of Pages: 376


USA > Maryland > Caroline County > History of Caroline County, Maryland, from its beginning > Part 2


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).


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Bridgetown (now Greensboro). August 1778 to March 1780.


3 Melvill's Warehouse. March 1780 to March 1790.


Pig Point ( now Denton ) . March 1790 to present.


IV. Court at Melvill's Warehouse.


By order of Assembly (1773) Melvill's Warehouse became the temporary county seat and court convened there for all trems from 1774 to 1778. The following is the official record of the same.


Court organization-


Maryland at a County Court of the Right Honorable Henry Harford, Esq. Absolute Lord and Proprietary of the province of Maryland heid for Caroline County at Melvill's Warehouse in the County aforesaid, the third Tuesday in March, Anno Domini 1774 beginning the 15 day of the said month and continued by several adjournments until the 17th day thereby. Lordships, commission- ers and officers authorized and employed to hold the said court were


Present


The Worshipful


Mr. Charies Dickinson


Mr. Benson Stainton


Mr. Thomas White


Mr. William Haskins


Mr. Richard Mason


Mr. Joshua Clark


Mr. Nathaniel Potter


The said Lord Proprietary his Justices


W'm. Hopper Esq. Sheriff George Fitzhugh, Clerk.


The following commission and Writ of Dedimus Potestatem thereon indorsed to the Justices of Caroline County directed are openly read (viz) the Right Honorable Henry Harford, Esq .; ab- solute Lord and Proprietary of the Province of Maryland to Rich- ard Lee, Benedict Calvert, Daniel Dulany, John Ridout, John Beale Boardley, George Stewart, William Fitzhughes. William Hayward, Daniel of Saint Thomas Ienifer, George Peter. Benjamin Ogle and Philip Thomas Lee, Esquires, Charles Dickinson, William Haskins, Thomas White, Richard Mason, Joshua Clark, Benson Stainton, Nathaniel Potter, William Richardson, and Matthew Driver, Junior men of Caroline County, Gentlemen Greeting, Know ye, that we have assigned you and every one of you jointly and severally, our Justices to keep our peace within our County of Caroline and to do equal law and right to all the Kings subjects, rich and poor. ac- cording to the laws, customs and directions of the acts of Assembly


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of this Province, so far forth as they provide, and where they are silent, according to the laws, statutes and reasonable customs of England, as made and practised within this Province for the con- servation of the peace, and quiet rule and government of the King's subjects within our said County, and to chastise and punish all or any persons offending against the said acts, laws, statutes and customs, or any of them, according to the directions thereof, and to call before you, or any of you, those who in our County aforesaid shall break our peace and misbehave themselves; to find sufficient security of the peace and good behaviour to us and the said subjects, and if they shall refuse to find such security that then you cause them to be committed into safe custody, until they shall be delivered by due course of law from thence; also we have assigned you, and every three or more of you-(then an enumera- tion of all crimes and misdemeanors follows) and none others to be Judges. Also by these presents we do command the Sheriff of our said County of Caroline that at the several Courts to be held for our said county, he give his attendance and cause to come before you, or any three or more of you (as aforesaid) such and so many good and lawful men of his Bailiwick out of every hundred thereof, by whom the truth of the matter may be better known and inquired of. Lastly, you shall cause to be brought be- fore you at your said Courts, all Writs, Precepts, Process, and In- dictments to your Courts and Jurisdiction belonging, that the same may be inspected and by due course of law determined. Witness Robert Eden, Esq. Lieutenant General and Chief Governor of our said Province of Maryland, this twenty eight day of February, in the third year of our Dominion.


Robert Eden. (Seal)


This first court made appointments and issued Or- ders of Court but no "trials" were held until August, 1774 at which time the Commissioners and other officers were the same as those present in March.


T. Court at Bridgetown (Greensboro).


Troubles concerning the location of the seat of Jus- tice began. Jealousy no doubt was the basis of the en- tire dissention. During the Revolutionary period the County Treasury had become depleted by general con- ditions as well as by the depreciation of currency so that the monies therein had almost reached zero. Wright says, "Each year that this great and glorious conflict continued, depreciated Caroline's finances until they had almost if not quite reached the vanishing point." With keen political acumen the Northern part of the County made a heroic effort to have the County Seat removed to Bridgetown (now Greensboro). The down County poli- ticians offered vigorons opposition claiming that Eden- ton (now Denton) the place chosen by the 1773 Assem- bly was more centrally located and making protest against "The Bridgeers" lacking dignity of name. The upper county retaliated in kind by reference to "Pig


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Point" and the impropriety of the name Edenton be- cause of its relation to Governor Eden.


And so the war waged. Mass meetings were held and committees from both sections with the fastest local craft obtainable flew "hither and to" across the bay to Annapolis trying to impress the law-makers of their needs. That they created some contention among the law-makers there is shown by the following enactments of 1786 when:


"An Act was passed suspending the erection of public 1 buildings in Caroline, and a petition was presented to the Assem- bly, signed by many inhabitants of the County praying that the pub- lic building be erected at Choptank Bridge."


2 "A counter-petition signed by many other inhabitants of the County and preferred to the same Assembly prayed that the said building be erected at or near the center of the County." 3 "The Assembly then passed an Act deferring the erection


of public building until the next Assembly, any law to the contrary notwithstanding."


That Court convened in Bridgetown a number of times during this altercation is proven by the Court rec- ords. The orders are as follows:


1777


"The Court appoints Messers Richard Mason, Henry Downes, Thomas Hardcastle, Matthew Driver and Nathaniel Potter, or any three or more of them, to agree with so ne person or persons in Bridgetown, for a house to hold Court in; a good and safe tempo- rary place, and that the same be put in order, fit and proper for the purpose aforesaid, and that they return an account of the same to the next Court."


1778


Ordered by the Court that Caroline County Court be held at Bridgetown for the future.


1778


Ordered by the Court that the Sheriff remove the prisoners now in the public jail at Melvill's Warehouse to Bridgetown as said there shall be a jail fit to receive them.


The Court minutes give the following dates on which Court "set" in Bridgetown, in Ang. 1778 and Nov. 1778, but at the November session the opposition to Greens- boro was so strong that the following order was passed :


1778


On motion to remove this Court from Bridgetown to Mel- vill's Warehouse from whence it was removed at March term, 1778, the Court on mature deliberation is of the opinion that the remov- al from Melvill's Warehouse was unwarranted by any power in the Court by the Act of Assembly for fixing a place of holding the Court, and that at the convenience of the public business, and as


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Melvill's Warehouse is most central, and the place appointed by the commissioners of the peace under the Act of Assembly en- titled "An Act for the division of Dorchester and for erecting a new house by the name of Caroline" "for transacting the public business for Caroline County and the public buildings which be erected; therefore it is reported that this Court be held there as usual, and the Clerk is directed to make on his precepts return- able to that place, and the Commissioners of the peace with re- spect to recognition are delivered to attend to the same.


Conrt adjourned to meet at Melvill's Warehouse, where the sessions of Dec. 1778 and Mar. 1779 were held. Then once more the "Bridgeers" gained the ruling pow- er and Court was once more removed to Bridgetown where it remained during the sessions of JJune 1779, Oet. 1779, and March 1780.


The plan of holding Bridgetown Court has been in- definite but recently it has been established that at that period a Colonial Als House stood on the east bank of the Choptank River, about one quarter of a mile above the present bridge and one hundred yards or more back from the river's bank, and here Bridgetown held her Court.


From 1780 to 1790 the contention was continued but finally with the true Spirit of Democracy which was ever the inspiration of Caroline the matter was made an election issue and put before the citizens to be decided by ballot. The question was submitted to the suffrage of the people at the election of delegates to Assembly, 1790. Then Bridgetown met her final defeat for when the "count" was in the vote stood two to one in favor of Pig Point and made it the permanent seat of Justice.


TI. Denton as County Seat.


"BE IT ENACTED, That the clerk of Caroline County for the time being shall, at some convenient time before the first day of March next, remove, from Melvill's Warehouse, all the books, rolls, papers and other records, belonging to the said County Court, to Pig Point aforesaid, and there safely deposit, keep, and preserve the same in some convenient house and the justices of the said Court shall direct and cause a list of all the said records and books to be signed by the clerk of said county, and entered upon record among the proceedings of said county."


The above Act of Assembly, 1790, officially provides for the passing of Melvill's Warehouse as County seat. This the Assembly further stated was done for the bene- fit of the people of the County. The Commissioners were directed to secure four acres of land at Edenton before June 1, 1791, on which a Court House and gaol were to be erected. These Commissioners were William


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Richardson, Zabdiel Potter, Jos. Richardson, Peter Ed- mondson, and Joshua Willis. These men secured the four acres-practically same as now in use-by the "condemnatory" process and paid 30 sh. (a little more than $7) per acre for it. The Court was authorized to meet at Pig Point in such building as the Judges thought most convenient for holding Court and elections. There is no authentie record of the place of meeting during the four years 1791 to 1794. Wright plans it at the old brick mansion which once stood near the present location of the Brick Hotel but there were some half dozen other houses in the town at that time which were equally suit- able for such meeting which may be held as probable meeting places.


VII. The First Court House.


In locating the court house the law had also provid- ed the name Eden-Town but until the erection of the building, 1791, the place remained Pig Point in local parlance. Previously, when used, the name had been abbreviated to Edenton, now the E was dropped and henceforth we have Denton.


The Commissioners at this time, 1792, were Chris- topher Driver, William Robinson, Philemon Downes, Thomas Lockerman, and Jos. Richardson, and through their energy the Court House was begun in 1793. It was a brick building, colonial style, modelled after and much resembling Independence Hall, Philadelphia. Its build- er was William Benson of Talbot County, and the total cost was £1800.


And now having secured the building after 20 years of effort, true to the perversity of mankind, the office holders, in part, were both to take up their abode there. A law was enacted by the Assembly compelling Clerk, Register of Wills, and Sheriff as well as deputies to move into the Court House or within one quarter mile of the same before June 1, 1795 the penalty of refusal being a fine of $15 eurrent money. Needless to say they all complied with haste.


VIII. Changes of 1895.


A century run was given the first Court building and during that time, without the building withstood the ravages of time showing little sign of decay. Its perm-


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aneney bore testimony to the builder as well as for the Commissioners of 1795.


However, with the growth of the County, the citi- zens demanded a larger and more modern building, so in 1895 the old one was razed. For the new Court House Joseph H. Bernard of Greensboro was selected as Ar- chitect and Chairman of the building commission, con- sisting of Messrs. Wm. E. Lord, George M. Russum, Thos. L. Day, John W. Clark, Bayard Nichols, Alex. Noble, Thomas R. Green and Henry Irwin. This Com- mittee contracted with Slemmons & Lankford of Salis- bury, Md. to erect a brick building for the sum of $21,000 which stands today (1919) on the Denton Court House Green.


The boundaries of the "green" have been somewhat changed since 1790 but the location remains the same. Someone has aptly said,


"The once ancient looking Denton is no more but has passed within the brief period of a score of years. In the substantial growth of Caroline's County town, it has done so conforming to the ideals of the townsmen that have not only built well, but have a knowledge of the value of civic pride in the rejuvenating of an old town, or in building a new one."


ORDERS OF COURT.


I. Related to Court. 1774


James Barwick agrees to find a room to hold Court in, a room for the Clerk of this Court to the end of November Court, for which the Court agrees to allow him the quantity of one thousand pounds of tobacco to be levied at November meeting.


1774


The Court appointed Messrs Benson Stainton and Richard Mason to try the Scales and Weights at Choptank Bridge and Mel- vill's Warehouse, and take an account of what repairs are wanting to the said house, and report the same to Court.


Ordered by the Court that James Barwick put the County jail in better repair than at present, by placing the logs, good and suf- ficient, under the sills of the same, that the logs be sunk in the ground and that he be paid and allowed for the same in the next levy.


1774


The Court appoints the several persons Constables for the en- suing year: Joshua Willis, of Great Choptank Hundred, Christo- pher Driver, for Bridgetown Hundred, James Cooper for Northwest Fork Hundred. Davis Robinson for Tuckahoe Hundred, and Solomon Mason for Choptank Hundred; WHEREUPON, the said Joshua Willis, Christopher Driver, James Cooper, David Robinson and Solomon Mason are qualified in open Court by taking the baths of the government, the oath of constable, subscribing the oath of ab- juration and repeating and signing the test.


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John Cooper and Francis Stevens are appointed Sub-Sheriffs who thereupon take the oaths to the government, oath of abjura- tion and repeats and signs the test.


1774


On application made by Messrs. Robert Goldsborough, Thomas Goldsborough, James Tilghman, Nicholas Thomas, Jacob Moore, Richard Bassett, Solomon Wright, Matthew Browne, they are ad- mitted to practice as attorneys of this County, thereupon they respectively take the oaths of the government and the oath of at- torney, and subscribe the oath of abjuration and repeat and sign the test.


1774


The Court agrees to pay Edward Lloyd, Esq., the sum of five pounds current money in dollars at 7 shillings, 6 pence, (about $13) for the use of the old store house at Melville for the purpose of a jail for use in Caroline County until the end of November Court next, to be then levied.


1774


The Court agrees to allow Johannah Bennett the sum of 4 shil- lings, 1 pence for keeping the Court House in class.


1774


Ordered by the Court that the clerk attend Melvill's Ware- house on Wednesdays every week, which day is by the Court ap- pointed office day.


1774


(Note the time these cases were pending. 1774-1782.)


Webster Case: Richard Andrew, Fork, Special Bail. Judgment against on award filed under the hands of Messrs. Nathaniel Hughes Potter, John Stevens and Zabdiel Potter, Arbitrators in


the cause, that the plaintiff recover against the said Defendant. the sum of six pounds, fifteen shillings, Debt and two hundred nineteen pounds of tobacco and fourteen shillings and seven pence half penny, costs and charges.


William Richardson, Clerk.


1774


Court fined Wm. Richardson, Clerk, 712 shillings for not be- ing present at the time when Court ought to have been called.


II. Orders Relating to Ordinaries. 1774


On application of William Haslett he is admitted to keep an ordinary and house of entertainment for one year at his house near Choptank Bridge on payment of 4£ ( $20) current money of Maryland, (which John Cooper, sub-sheriff receives) for a license, whereupon the said William Haslett together with Matthew Bell and Matthew Driver, Jr., his securities, acknowledge themselves to owe and stand justly indebted unto the Right Honorable the Lord Proprietary of this province in the sum of 40£ current money of Maryland of their bodies, goods and chattels, lands and tene- ments. separately to be made and levied to the use of the said Lord Proprietary, his heirs and successors upon condition that if


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the said Mr. Haslett shall keep good rules and orders in his Or- dinary at his dwelling house and do not suffer loose, idle or dis- orderly persons to tipple, game or commit any disorders or other irregularities in his Ordinary and that he also will and truly ob- serve, fulfil and keep the several matters and things by an Act of Assembly entitled, An Act for licensing Ordinary keepers, hawkers, pedlers, and petty chapmone particularly specified and enjoined and in every respect conform himself thereto, then this recogni- zance to be void, otherwise of force.


1774


Other licenses for keeping Ordinaries and houses of entertainment were granted as follows:


Levin Bell, near Tuckahoe Bridge; Eleanor Montgomery, at Marshy Hope Bridge; John Fisher, on road from Choptank Bridge to Marshy Hope Bridge; James Barwick, at Melvill's Warehouse.


In addition to the above list ordinaries were also licensed at the following places : Tuckahoe Bridge (Hills- boro), Murray's Hill (Linchester), Nine Bridges (Bridgetown), Potter's Mill ( Williston), Chapel Branch (Piney Grove), Cross-Roads near Kingston (Smithson).


Thus it will be seen that the county was well equip- ped with hotels to take care of the travellers on horse- back as well as provide liquid refreshments so common and cheap at that time.


1774


On application of Alexander Widougall (1774), he is license for one year as hawker and pedlar on payment of four pounds money of Maryland (which John Cooper, sub Sheriff receives for a license). License delivered, Clerk records 4€ current money.


The Court agree to the following rates of liquors (and tavern rates) until August Court of 1775:


West India Rum 13s. 4p. per gallon.


Conntry Brandy Ss. per gallon.


Strong Beer, Country Brewed 4s. per gallon.


Every gill of New England Rum or Country Brandy with Mus- cavada sugar to make same into Punch and so pro rata Sp.


Every Lemon or Seville Orange 6p.


Hot Diet with small Beer or Cider 1s.


Cold Diet with Ditto 10p.


Horse Stablage with sufficient fodder for one horse one night 6p. Oats and Indian Corn each 4s. per bu.


III. Miscellaneous Orders.


1774


The following order is among the first of the Caro- line County Court: Henry Swigate of Caroline County came and praved to have the mark of his son William Swigates hogs recorded, which is as follows; to wit: crop and under bitt in right ear and the left under sliced and a hole in it.


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1774


The Court agrees to give James Barwick 2500 pounds of to- bacco on condition that he keep a public ferry from causeway op- posite to Melvill's landing, and keep the causeway and bridge in passable order until November Court next, to be then levied.


1774


Maryland Know all men by these presents that we Michael Lucas, Edward White and Jacob Rumbley Lpd. and County of Carolme, are held and bound unto his Lordship the Lord Proprie- tary, his heirs and successors in the full and just sum of 1800 pounds of tobacco, to be paid unto the said Lord Proprietary, for his heirs and successors.


To the payment will and true to be made and done we bind ourselves, and each of our heirs, executors and administrators jointly and severally and firmly by the present. Sealed with our own seal and dated this 26th day of December 1774. The Condi- tions of the above obligations are such that if the above bound Michael Lucas shall truly and faithfully perform the duty of In- spector at Melvill's Warehouse according to the directions of the late account of Assembly, in such case make and provide then the above obligations be void of full force and virtue in law.


Michael Lucas (Seal)


Edw. White (Seal) JACOB RUMBLEY (SEAL)


"Mr. Richard Mason delivers the annual value of Richard Lockerman's lands, which said annual value is as followeth, to wit: We the subscribers being duly appointed and sworn by Richard Mason, Esq., one of his Lordships' Justices of the peace for the count aforesaid, that we will to the best of our skill and judgment make a true estimation of lands and improvements belonging to said Richard Lockerman, a minor, and now under the guardian- ship of said William Tripp of Talbot County. As is to sty his part of Talson Manor said to be five hundred and eighty five acres. We therefore duly certify that on the second day of April 1774, we met on said lands and did find thereon:


One dweiling house 25ft. by 16ft. with a IOft. shed.


A kitchen 25 ft. by 1712 ft.


A smoke house 12 ft. by 12 ft. built of logs.


A barn 25 ft. by 25 ft.


A corn house 16 ft. by 18 ft.


A milk house 10 ft. by 6 ft.


Two small hen houses.


Two corn houses.


A Garden 100 ft. square.


An apple orchard of 65 trees.


Four small English Walnut trees.


A nursery of peaches, cherries, quinces and plums. About 40 acres cleared land, etc."


The following item (Sept. 1775) is interesting in its provision.


The Court binds William orphan son of William


deceased, by the consent of his mother, to Henry until he obtains the age of twenty one years, he being twelve years old November twelfth next, to teach him the


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trade of cart-wheelwright, and to find him in sufficient meat, drink, washing, lodging and clothing and at the expiration of his servi- tude to give him a suit of clothes of broadcloth or drugget, white shirt, a pair of shoes and stocking, a hat, a set of tools, a broad axe, a saw, a drawing knife, and three augers, one 1/2 inch, one 1 inch and the third 112 inches, two chisels, a gouge, a rule, a scale, and a pair of compasses and gives bond with Thomas Hard- castle and Henry Sharpe his sureties, in the sum of forty pounds current money for due performance.


At the December session of the Court an estimate of goods and chattels of Alford, deceased, included


"One negro fellow named Peter aged 38 years, 48£; One negro woman named Phillis aged 44, 32£; One negro girl named Esther age 4, 20£."


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THE HUNDRED-ELECTION DISTRICTS.


I. Introduction.


The Hundred is a division antedating the county, the town, the manor or the parish. When the Angles and Saxons landed on English soil more than one thousand years ago, they formed bands of one-hundred for their protection and government.


When the necessity arose in the colonies the early settlers adopted the Hundred as a civic division best suited to their isolated colonies. It was not in the same form as that of the Anglo-Saxon for the personal Hun- dred-one hundred families or one hundred soldiers- was unknown here. Maryland's division was made geo- graphically.


The necessity for this civic division came with the issuing of legal writs to freemen to meet as representa- tives in Assembly. Thus you see Maryland's Hundred was originally a governmental district whose chief ex- ecutive was the constable.


Later when counties were formed and writs of elec- tion were issued to the sheriff, instead of the constable of the Hundred, this division remained under the con- stable who attended to many civic duties in his division.


II. Caroline's Hundreds.


At the time when the Assembly granted the organi- zation of Caroline County, they also passed an act that the new county be divided into Hundreds. In accordance with this Act the November Court, 1774 divided the county into five hundreds as follows :


1 Fork Hundred beginning at the Northwest Fork Bridge and running with the main county road that divides Caroline County from Dorchester County, to Cannon's Ferry on the North East Fork (Nanticoke) River, and from the said Ferry up the said river and branch to the head thereof, and so round and as far as is inhabited by the people of the Province of Maryland until it intersects the head of the main branch of the Northwest Fork River, and then down the Northwest Fork Branch to the Northwest Fork Bridge.


V 2 Great Choptank Hundred beginning at the mouth of Hunt- ing Creek and running up said creek to the bridge over James Mur- ray's Mill Dam and from thence with the main county road that divides Caroline County from Dorchester County to the North West Fork Bridge and from thence up the said North West Fork Branch to Marshy Hope Bridge and from thence with the main road that leads to Nathaniel Potter's Landing on Great Choptank River and from thence down the said river to the mouth of Hunting Creek.




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