USA > Maryland > Maryland, 1633 to 1776 : being an account of the main currents in the political and religious development of Maryland as a proprietary province > Part 7
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I. Resolved, unanimously, That the first adventurers and sett- lers of this province of Maryland brought with them and trans- mitted to their posterity, and all other his Majesty's subjects, since inhabiting in this province, all the liberties, privileges, franchises and immunities that at any time have been held, en- joyed, and possessed, by the people of Great Britain.
II. Resolved, unanimously, That it was granted by Magna Charta, and other the good laws and statutes of England, and confirmed by the Petition and Bill of Rights, that the subject should not be compelled to contribute to any tax, talliage, aid, or other like charges not set by common consent of Parliament.
III. Resolved, unanimously, That by a royal charter granted by his Majesty, King Charles 1 in the eighth year of his reign and in the year of our Lord one thousand six hundred and thirty two, to Cecilius, then Lord Baltimore, it was, for the encourage- ment of the people to transport themselves and families into this province among other things, covenanted and granted by his said Majesty for himself, his heirs, and successors, as follow-
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eth; "And further, our pleasure is, and by these presents for us, our heirs and successors, we do covenant and grant, to and with the said now Lord Baltimore, his heirs and assigns, that we, our heirs and successors, shall, at no time hereafter, set or make, or cause to be set, any imposition, custom or other taxation, rate or contribution whatsoever, in or upon the dwellers and inhabitants of the aforesaid province, for their lands, tene- ments, goods or chattels, within the said province, or to be laden and unladen with in any of the ports of harbors of the said province : And our pleasure is, and for us, our heirs and successors, we charge and command, that this our declaration shall be hence forward, from time to time, received and allowed in all our courts, and before all the judges of us, our heirs and successors, for a sufficient and lawful discharge, payment and acquittance: commanding all and singular our officers and ministers of us, our heirs and successors, and enjoining them upon pain of our high displeasure, that they do not presume, at any time, to attempt anything to the contrary of the premises, or that they do in any sort withstand the same; but that they be at all times aiding and assisting, as is fitting, unto the said now Lord Baltimore, and his heirs, and to the inhabitants and merchants of Maryland aforesaid, their servants, ministers, factors, and assigns, in the full use and fruition of the benefit of this our charter."
IV. Resolved, That it is the unanimous opinion of this house that the said charter is declaratory of the constitutional rights and privileges of the freemen of this province.
V. Resolved, unanimously, That trials by juries are the grand bulwark of liberty, the undoubted birthright of every English- man, and consequently of every British subject in America; and that the erecting of other jurisdictions for the trial of matters of fact is unconstitutional, and renders the subject insecure in his liberty and property.
VI. Resolved, That it is the unanimous opinion of this house that it cannot, with any truth or propriety, be said that the free- men of this province of Maryland are represented in the British Parliament.
VII. Resolved, unanimously, That his Majesty's liege people of this ancient province have always enjoyed the right of being
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governed by laws, ic which they themselves have consented, in the articles of taxes and internal polity; and that the same hath never been forfeited, or any way yielded up, but hath been cons- tantly recognized by the king and people of Great Britain.
VIII. Resolved, That it is the unanimous opinion of this house that the representative of the freemen of this province, in their legislative capacity, together with the other parts of the legislature, have the sole right to lay taxes and impositions on the inhabitants of Maryland, under color of any other authority, is unconstitutional, and a direct violation of the rights of the freemen of this province."1
This was indeed a clear exposition of the Maryland view- point and should have afforded the home country clear insight into the colonial mind.
After adopting these resolutions the Lower House declined to entertain further business and was thereupon prorogued by the governor.
November 1st arrived and there were neither stamps nor dis- tributor. Without stamps business could not legally be carried on. But the court of Frederick County decided to continue as in the past, using no stamps. Six of the county courts recom- menced business, before the news of the Stamp Act's repeal had arrived in April 1766, and the "Maryland Gazette" which had suspended publication in accordance with the new law in October 1765 reappeared January 30, 1766 and attributed its interruption to an error in judgment. Business had largely continued without stamps, but the news of repeal was hailed with boisterous re- joicing. Guns were fired, bonfires lighted, patriotic addresses given and the heart of Maryland seemed to beat in closer har- mony with that of England than ever before.
But the following year Parliament passed the Townshend Acts, which imposed duties on tea, glass, paper and painters colors. These duties were to be collected by a Board of Customs, the members of which were to be armed with "writs of assist- ance." The latter permitted customs officers to enter private houses unannounced in search of smuggled goods. They speci-
1 Lower House Journal, September 28, 1765.
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fied neither time, place, nor goods, but were general and unde- fined. Massachusetts immediately sent out a circular letter to the other colonies urging common protest against these acts.
To counteract this letter Lord Hilsborough, Secretary of State, instructed Gov. Sharpe to use his influence with the Mary- land Assembly to minimize its effect. The latter then urged the Assembly to treat the Massachusetts letter "with the contempt it deserved" but the Lower House replied that "we cannot be prevailed on to take no notice of, or to treat with the least degree of contempt, a letter so expressive of duty and loyalty to the Sovereign, and so replete with just principles of liberty; and your Excellency may depend that whenever we apprehend the rights of the people to be affected, we shall not fail boldly to assert, and steadily to endeavor to maintain them."1 They then addressed a petition to the king declaring that "The people of this Province, Royal Sir, are not in any manner, nor can they ever possibly be, effectually represented in the British Parliament. While, therefore, your Majesty's Commons of Great Britain con- tinue to give and grant the property of the people in America, your faithful subjects of this and every other colony must be deprived of that most invaluable privilege, the power of granting their own money, and of every opportunity of manifesting by cheerful aids, their attachment to their king, and zeal for his service; they must be cut off from all intercourse with their sovereign, and ex- pect not to hear of the royal approbation; they must submit to the power of the Commons of Great Britain; and precluded the blessings, shall scarcely retain the name of freedom."
The Assembly was immediately prorogued for its failure to heed the Secretary of State's letter and from that time on differ- ences between the mother country and Maryland were handled independently of the Assembly.
In order to make the force of their will felt, the people entered into non-importation agreements directed against England. None of the taxed articles were to be imported nor were non-importers to deal with anyone who handled such goods. The associators watched for the arrival of forbidden goods and saw that they were
' Lower House Journal, June 21st, 1768.
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reshipped to England. On one occasion, a ship with its entire cargo was sent back in spite of the protests of the recently arrived governor, Robert Eden, who came to the colony in the spring of 1769. In addition the people were to make themselves as economically independent of the mother country as possible. This policy was efficacious. British merchants suffered from non-im- · portation to such an extent that within a year exports fell from £ 2,400,000 to $ 1,600,000 1 and British merchants then brought their influence to bear to have the duties removed. Parliament likewise found that the royal revenues were decreasing rather than increasing, and therefore in April 1770 decided to repeal the Townshend acts, on the plea that duties levied on articles of British manufacture were "contrary to the true principles of commerce."
But a 3d duty was left on tea to show that England had not surrendered the right of taxing the colonies, in principle. In addition the advisability of raising a revenue in the colonies was reaffirmed. But no effort was immediately made to compel the acceptance of such a policy. But with the renewed troubles in the North and the quartering of British troops in Boston three years later, Massachusetts urged the other colonies to constitute committees of correspondence to communicate with one another with the idea of deciding upon measures that would protect American interests. Maryland immediately appointed such a com- mittee. Following upon the destruction of tea in Boston harbor, the British "Intolerable Acts" providing for the closing of Boston harbor, the forfeiture of the Massachusetts charter, and the asser- tion of the right of quartering troops in any colony, Maryland was aglow with indignation. For was it not possible that similar measures might at some future time be used against her? The recognition of this fact made Maryland feel that the case was indeed her own. The people immediately despatched ship loads of provisions to Boston and expressed their sympathy for the people of Massachusetts in word and deed.
The Maryland Assembly was not in session and Gov. Eden prevented its meeting by continued prorogations. A town meeting
S. E. Forman, American History, page 165.
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of Baltimore of May 31, 1774 therefore recommended that a general convention of deputies from all counties in Maryland be held. - This was agreed upon and on June 2, 1774 ninety two delegates from all counties in the province met at Annapolis. They urged common action against these acts, and declared them violations of the human rights of the colonies as well as of their constitutional rights. Matthew Tilghman, Thomas Johnson, Jr., Robert Goldsborougli, William Paca and Samuel Chase were appointed Maryland's representatives to the First Continental Congress, and empowered to call a meeting of the Maryland Convention upon their return from the general congress, when measures adopted there should be laid before the Convention. The Convention thereupon adjourned.
In the month of October an incident occured illustrating Maryland's attitude toward Parliamentary taxation. The brig "Peggy Stewart" arrived in Annapolis on October 15th with an assorted cargo, among which were seventeen packages of tea for James and Joseph Williams, merchants in Annapolis. The brig was the property of Anthony Stewart, who paid duty on the tea · in order to be able to land the rest of the cargo. When this became known the people were indignant. Stewart was sum- moned before the convention and requested to explain. The offence was aggravated by the fact that he was one of the signers of the non-importation agreement. He expressed his regret, stating that it had been necessary to land the tea in order to land the rest of the cargo, and offered to atone for his indis- cretion by burning the tea publicly. This was considered sufficient by the majority of the Convention but the people were in no mood for half measures. They favored burning the brig. Stewart seeing their mood, offered to fire the brig himself. It was then run aground near Windmill Point and set afire, the crowd watching it burn to the water's edge. Opposition could not well have been more open, more flagrant than this.
Early in November 1774 the Maryland delegates who had attended the First Continental Congress at Philadelphia issued a call for a meeting of the county deputies the 26 th of November. At this meeting a committees of observation to insure the execu- tion of measures recommended by the Convention were appointed,
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likewise smaller committees of correspondence. The time was too short to permit all the delegates to appear and the meeting was therefore adjourned for further business until December 8th. At this meeting eighty five delegates were present, five elected from each county by the regularly qualified voters of the province. They recommended the forming of an efficient militia; and if the acts of Parliament directed against Massachusetts or if taxa- tion upon any colony were imposed by force, Maryland should lend active aid to any colony thus attacked. In addition £ 10 000 were appropriated for the use of the Continental Congress, and deputies to the next Continental Congress were appointed and empowered to agree to all measures which the latter considered necessary for redressing American grievances. A Committee of Observation was also appointed to insure the execution of all measures decided upon and to set the date of the Convention's next meeting.
The latter was again called to meet April 24, 1775 and aside from voting to raise £600 by subscription and adopting reso- lutions instructing its delegates to the Continental Congress to endeavor to secure recognition of colonial rights by such means as would not preclude an ultimate reconciliation with the mother country, voted to adjourn.
But the skirmishes of Lexington and Concord in April 1775 and the battle of Bunker Hill rendered reconciliation problemat- ical. On July 26, 1775 the Maryland convention again assembled and expressed itself as follows:
"The long premeditated, and now avowed, design of the British government, to raise a revenue from the property of the colonists without their consent, on the gift, grant, and disposition of the Commons of Great Britain; and the arbitrary and vindictive statutes passed under color of subduing a riot, to subdue by military force and by famine the Massachusetts Bay; the unlimited power assumed by Parliament to alter the charter of that Province and the constitutions of all the colonies, thereby destroying the essential securities of the lives, liberties, and properties of the colonists; the commencement of hostilities by the ministerial forces; and the cruel prosecution of the war against the people of Massachusetts Bay, followed by Gen. Gage's proclamation,
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declaring alinost the whole of the inhabitants of the united colo- nies, by name or description, rebels and traitors, are sufficient causes to arm a free people in defence of their liberty, and justify resistance, no longer dictated by prudence merely, but by necessity ; and leave no other alternative but base submission or manly opposition to uncontrollable tyranny. The Congress chose the latter; and for the express purpose of securing and defending the united colonies, and preserving them in safety against all attempts to carry the abovementioned acts into execu- tion by force of arms, resolved that the said colonies be immed- iately put into a state of defence, and now supports, at the joint expense, an army to restrain the further violence, and repel the future attacks of a disappointed and exasperated enemy.
"We therefore, inhabitants of the Province of Maryland, firmly persuaded that it is necessary and justifiable to repel force by force, do approve of the opposition by arms to the British troops employed to enforce obedience to the late acts and statutes of the British Parliament for raising a revenue in America, and alter- ing and changing the charter and constitution of the Massachu- setts Bay, and for destroying the essential securities for the-lives, liberties, and properties of the subjects in the united colonies. And we do unite and associate as one band, and firmly and solemnly engage and pledge ourselves to each other and to America, that we will, to the utmost of our power, promote and support the present opposition, carrying on as well by arms as by the continental association restraining our commerce.
"And as in these times of public danger, and until a recon- ciliation with Great Britain on constitutional principles is effected (an event we ardently wish may soon take place), the energy of government may be greatly impaired, so that even zeal unrestrained may be productive of anarchy and confusion, we do in like manner unite, associate, and solemnly engage in the maintenance of good order and the public peace, to support the civil power in the due execution of the laws, so far as may be consistent with the plan of opposition; and to defend with our utmost power all persons from every species of outrage to themselves or their property, and to prevent any punishment from being inflicted on any offenders other than such as shall be adjudged by the
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civil magistrate, the Continental Congress, our Convention, Council of Safety, or Committees of Observation."1 This was submitted to the freemen of the province and received their approval. There- after, five delegates from each county were to be elected by the duly qualified voters, who had voted for deputies to the Assembly. They were to constitute the supreme authority of the province. The executive power of the Convention was to be embodied in a Council of Safety of sixteen members and a Committee of Observation in the counties.
But the sentiment of the province, though willing to insist on its rights even to military opposition still hoped for reconcil- iation, and therefore forbade its delegates to the Continental Congress which met January 1776 to agree to any declaration of independence or to conclude any foreign alliance. The sole object of its course of action was to secure protection of the province's rights.
But military operations moved rapidly forward. Maryland not only furnished her quota to the Continental army but sent two companies to Boston soon after the battle of Bunker Hill. She also fitted out armed ships and cruisers to protect her plan- tations along the Chesapeake Bay, which had been attacked at various times by British cruisers.
The continued military efforts on the part of England led the majority of the members of the Continental Congress to the conclusion that independence was the sole solution of the con- troversy. But the Maryland delegates were bound by the in- structions of the Maryland Convention. They therefore reported that the trend of opinion was toward independence and asked for further instructions. The question was then submitted to popular vote in Maryland and the freemen voted to withdraw the former instructions and to permit the Maryland deputies to join with those of other colonies in preparing a declaration of independence. This authority was communicated to them June 23, 1776 and the Maryland delegates collaborated with those of the remain- ing twelve colonies in the Declaration of Independence of July 4, 1776.
1 W. H. Browne, The History of a Palatinate, pages 271-273.
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But the Maryland Convention felt that it was its duty to likewise declare its independence in its capacity as a sovereign state and accordingly drew up the following declaration.
A DECLARATION OF THE DELEGATES OF MARYLAND.
"To be exempted from the Parliamentary taxation, and to regulate their internal government and polity, the people of the colony have ever considered as their inherent and unalienable right; without the former, they can have no property; without the latter, no security for their lives or liberties.
"The Parliament of Great Britian has of late claimed an un- controllable right of binding these colonies in all cases what- soever; to enforce an unconditional submission to this claim the legislative and executive powers of that State have invariably pursued for these ten years past a steadier system of oppression, by passing many impolitic, severe, and cruel acts for raising a revenue from the colonists: by depriving them in many cases of the trial by jury; by altering the chartered constitution of our colony and the entire stoppage of the trade of its capital; by cutting off all intercourse between the colonies; by restraining them from fishing on their own coasts; by extending the limits of, and erecting an arbitrary government in the Province of Quebec, by confiscating the property of the colonists taken on the seas, and compelling the crews of their vessels, under the pain of death, to act against their native country and dearest friends; by declaring all seizures, detention, or destruction of the persons or property of the colonists, to be legal and just.
"A war unjustly commenced hath been prosecuted against the united colonies with cruelty, outrageous violence, and per- fidy; slaves, savages, and foreign mercenaries have been meanly hired to rob a people of their property, liberties, and lives; a poeple guilty of no other crime than deeming the last of no esti- mation without the secure enjoyment of the former; their humble and dutiful petitions for peace, liberty, and safety have been re- jected with scorn; secure of, and relying on foreign aid, not on his national forces, the unrelenting monarch of Britain hath at length avowed, by his answer to the city of London, his deter-
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mined and inexorable resolution of reducing these colonies to abject slavery.
"Compelled by dire necessity, either to surrender our prop- erties, liberties, and lives into the hands of a British King and Parliament, or to use such means as will most probably secure to us and our posterity those invaluable blessings.
"We, The Delegates of Maryland, in Convention assembled do declare that the King of Great Britain has violated his com- pact with this people and they owe no allegiance to him. We have therefore thought it just and necessary to empower our dep- uties in Congress to join with a majority of the united colonies in declaring them free and independent States, in framing such further confederation between them, in making foreign alliances, and in adopting such other measures as shall be judged neces- sary for the preservation of their liberties; provided the sole and exclusive rights of regulating the internal polity and government of this colony be reserved for the people thereof. We have also thought proper to call a new Convention, for the purpose of establishing a government in this colony. No ambitious views, no desire of independence, induced the people of Maryland to form an union with the other colonies. To procure an exemption from parliamentary taxation, and to continue to the legislatures of these colonies the sole and exclusive right of regulating their internal polity, was our original and only motive. To maintain inviolate our liberties and to transmit them unimpaired to poster- ity, was our duty and first wish; our next, to continue con- nected with, and dependent on, Great Britain. For the truth of these assertions, we appeal to that Almighty Being who is emphati- cally styled the Searcher of hearts, and from whose omniscience nothing is concealed. Relying on His divine protection and affi- ance, and trusting to the justice of our cause, we exhort and conjure every virtuous citizen to join cordially in the defence of our common rights, and in maintenance of the freedom of this and her sister colonies. " 1
For seven years the freemen of Maryland fought side by side with those of the remaining colonies to insure the independ-
1 W. H. Browne, History of a Palatinate, pages 281-283.
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ence they claimed. The Convention drew up a bill of rights and constitution embodying the points it had striven for during its whole history, then adjourned leaving the control of affairs in the hands of the Council of Safety. The government provided for by the new constitution began its functions March 21, 1777, when the Council of Safety surrendered the records and papers of the colony to the proper authorities. Its mission was then terminated and it passed out of existence.
Gov. Eden, the last of the proprietary governors had pre- vented the Assembly from sitting from April 1774 until the ex- piration of the term of election of the delegates. In June 1776. he issued new writs of election, but left the province soon after and the Convention forbade the election. With his departure the last vestige of proprietary authority disappeared. The Proprietor's individual rights were respected until 1780, when exasperated by loyalist conspiracies in the colony and England's seizure of Maryland's funds in the Bank of England, the Maryland govern- ment confiscated the property of all English subjects within the colony, with the exception of that of former Gov. Sharpe, who was given the option of returning to Maryland and becoming a citizen or of selling his property to its inhabitants.
The Proprietor's quit-rents were likewise abolished. Henry Harford, the last Proprietor received an indemnity of £ 10,000 from the state of Maryland and £ 90,000 from the English gov- ernment as payment of his claims. Except for this concession all other rights originally held by the Proprietor's passed to the newly erected state.
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