USA > Maryland > Maryland : the history of a palatinate > Part 13
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As Fort Cumberland was too remote and isolated to be of any service, and as stockade forts wore too easily burned, Sharpe built a substantial fort of stone near the site of the prosent town of Hancock, which he named Fort Frederick, probably as a double compli- mont to the Proprietary and the heir-apparent to the crown, and garrisoned with about two hundred men, under Dagworthy. This was all the more necessary that the flight of the Pennsylvanians had left the northern as well as the western frontier of Maryland exposed.
Governor Shirley of Massachusetts had been the commander-in-chief since Braddock's death, but he was now superseded by Lord Loudoun, who came over in the summer, and, at the re- quest of the latter, Sharpo convened the As- sembly in September. England had advanced a considerable sum for distribution among the colonies, and this, far from inspiring the As-
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sembly with liberality, made them still more inclined to refuse supplies.
In 1757 the small-pox was raging in An- napolis, and the Assembly inet in Baltimore town. They now proposed to raise supplies by taxes on all real and personal estate, the Proprietary's rents included, and on all offices and professions, the people to appoint the assessors. Furthermore, as if bent on exasper- ating Loudoun as well as the Governor, they un- dertook to say where the troops that his lord- ship was about send to the Province should be quartered. Loudoun heard all this with in- dignant astonishment, and reported it duly to England. Sharpe was now in hopes that Par- liament would interfere directly, and "ease the Assembly of the trouble of framing supply- bills by making some for them," in which case he begs to recommend a poll-tax as the most acceptable to the people, and, at the same time, the most equitable, men in the Province usually having servants in proportion to their means.
To the Governor's immense disgust, the Lower House even assumed the right to sum- mon his secretary before them and interrogate him about the doings of his Excellency and the Council. Sharpe rebuked them sharply for it ; but who could tell where these things would end ? Nay, an impression seemed to be grow-
THE HISTORY OF A PALATINATE. 233 ing that the Upper House was no part of the constitution at all.
After much angry brooding over the atrocious behavior of "these wretches," as he calls them in his private letters, wherein he can vent his spleen and vexation freely, he came to the con- elnsion that the Delegates were not merely stingy and captious, but that they were carry- ing out a deep-laid scheme to undermine the Proprietary government. Had they squarely refused to pass supply-bills, they would have lost popularity with their constituents ; but by clogging them with such conditions as they knew the Upper Honse would have to refuse, they hoped to throw the odium of their rejec- · tion - five wore rejected in eighteen months - on the Upper House and the Governor, and in England the blame would be laid on the Pro- prietary government, which might thus be over- thrown.
Ho unbosomed himself freely on the subject, not only to the Proprietary, but to William Pitt, then Secretary of State, and to other persons high in authority. And yet, while defending the Proprietary government, with some inconsistency he still harps on his fixed idea of an Act of Parliament, and even sends a draft of such an Act. Yet, after all his pains in explaining the situation, the unkind-
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est cut of all came in a dispatch from Mr. Pitt, not rebuking the Delegates for their out- rageous conduct, but blaming both the Houses, which the Delegates construed into an admis- sion that they were in the right.
It was fortunate for Maryland at this time that the tide of war had drifted to the northi- ward, where it was evident that the decisive struggle was to be. Fort Du Quesne - thoughi they did not know it - was held by a bare handful, and the frontier hostilities were con- fined to mere "scalping parties," - horrible enough, it is true, but which gained no military advantage.
The imbecile Loudoun was superseded in 1758 by Lord Amherst, and command of the . troops at the south was given to General Forbes, a good soldier, whose special part in the triple attack that was preparing was the reduction of Fort Du Quesne. .
The Delegates held firm to their former ob- structive policy, and no supply-bill was passed; 80 Forbes, unwilling to lose the garrison at Fort Cumberland, took it into the King's pay. Nay, they went a step farther, and declared that the Governor had no power to order the militia to march, except in case of actual inva- sion, nor were they disposed to consider any- thing an invasion short of an advance of the
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enemy to the east of Fort Frederick. Sharpe had to rely on volunteers, whom he had no dif- ficulty in getting, and of good quality; and men were found who would furnish supplies, and take the precarions chance of repayment by a future Assembly. The Delegates were more liberal to a party of Cherokees who of- fered their services, and proved of much value ns scouts, and also brought in a number of scalps, for which they were paid at the rather high rate of £50 per scalp.
The march on Fort Du Quesne began in June, - not by Braddock's road, but by a new one which Forbes had constructed from Rays- town. An advanced party, under Major Grant, was surprised and cut to pieces, the Maryland detail losing about half their numbers, and the expedition seemed to be a failure, when Forbes learned from deserters the actual weakness of the garrison, and pushed rapidly forward, upon which the French abandoned the fort, after set- ting it on fire, and retreated down the Ohio.
This success, which relieved the whole Prov- ince from drend, so far affected the Assembly that they appropriated £1,500 to the Mary- land troops engaged in the expedition ; but there their generosity halted, nor would they give any help toward the northern campaign, save on their own impossible terms.
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However, this went on without their aid, and the surrender of the French forts on the Lakes - Ticonderoga, Crown Point, and Quebec- decided the fate of North America.
The attitude of the Delegates during this long struggle has been viewed by historians in widely different lights. Some have discerned in it nothing but selfish niggardliness which, deaf to the voice of humanity, and blind to the growing danger, would have seen all the western settlements sink in blood and fire, and the French lines advanced to the Potomac, rather than loosen its purse-strings.
Others, again, give the Lower House credit for a far-seeing statesmanship, for a heroic spirit of liberty, and a Roman patriotism which would place them among the wisest and noblest of mankind, not only above all their contem- poraries, but on a loftier pinnacle than Burke or Chatham.
To the present writer the truth seems to lie between these extremes. The Delegates cer- tainly grudged all expenditure of money, not only the extraordinary expenses of war, but the ordinary levies and disbursements of peace. Their petty and constant bickerings about trifles with the Upper House, their narrow bigotry toward their Romanist fellow-citizens, show a spirit far removed from magnanimity, and many
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of their favorite ideas, such as the re-issue of the bills of credit, prove that their statesman- ship, in many points, had not passed the rudi- mentary stage.
But, in their defence, it must be said that the Province was not wealthy, and these expenses were a heavy burden. They felt that the war was really England's war, on whatever side of the Atlantic it was waged, and thought that if they furnished the men England ought to find the money. Nor can we much blame their constant jealousy and suspicion of the Upper House. They had no cause to feel respect or affection toward the Proprietary ; and as the Upper House, far from being an estate like the peers in England, was composed of his appointees, bound by their oath to protect his interests, the Delegates were naturally disposed to see in them only his creatures and parasites. Had Frederick had the soul of Cecilius or Charles, he would have devoted a large share of his revenues to the defence-fund, and there would have been no talk of taxing his manors, nor would the principle have troubled any man.
At the same time, as a fair plant may spring from a rough and unbeautiful seed, so ideas of freedom began to spring in men's minds from the discussion of these inaterial questions. It was not the Spanish Inquisition, but Alva's
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taxes, that roused the Netherlands to revolt ; yet their heroic patriotism has justly won the admiration of the world. The men who re- sisted a war-tax because it was burdensome, were the fathers of the men who resisted a tea- duty because it violated their liberties.
The long-standing boundary dispute between I'ennsylvania and Maryland was settled in 1760, by an agreement between Lord Baltimore and Thomas and Riehard Penn, on the basis of the agreement of 1732. Commissioners were ap- pointed on both sides, and the surveys made. The eastern boundary was run from a point central between Cape Henlopen and Chesa- peake Bay, till it touched the western arc of a eirele of twelve miles radius, whose centre was the eentre of the town of New Castle, and thence due north to a point fifteen miles south of Philadelphia.
The Cape Henlopen mentioned above was not the present cape so called, but a spot about twenty-three miles farther south. What machinations or falsifications were used to per- suade Baltimore that the cape referred to was not the one which had borne that name, as Herman's map shows, long before Penn's ac- quisition of Delaware, and has borne it ever sinee, - but " False Cape," which is no cape at all, - we cannot now see. The contrivers of
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such things are usually too modest to give their modes of working to the public. Frederick protested against the fraud ; but Lord Hard- wicke, who, though sitting as a judge in equity, seems to have considered his office merely " min- isterial " wherever the Penus were concerned, decided that the agreement of 1732 must be carried out.
The northern boundary was also established, in part. Charles Mason and Jeremiah Dixon, two eminent English mathematicians, were em- ployed by the Proprietarios to determine all those parts of the boundaries that had not yet been completed. They began operations in 1768, and, having determined the starting- point, or northeastern angle of Maryland, pro- cooded to run the parallel westward. By 1767 they had carried it two hundred and forty-four milos from the Delaware River, when they were stopped from further advance by the Indians. These boundaries were marked by milestones, every fifth stone having the arms of Baltimore on one side, and those of the Penns on the other ; and, where the convey- ance of hewn stones was not practicable, by cairns. This lino is the famous Mason and Dixon's line, separating the Northern from the Southern States.
CHAPTER XIV.
THE STAMP ACT AND THE CONGRESS.
THE treaty signed at Paris, on February 10, 1763, while it gave Great Britain all North America east of the Mississippi, yet left her heavily burdened with debt. As this debt, in England's eyes, had been largely incurred on behalf of the colonies, it was but equitable that they should bear a portion of it; and as they had manifested a troublesome and insubordi- nate temper throughout the war, and there seemed to be audacious notions of their rights and liberties growing up among them, which could not be checked too soon, it was as well that they should feel the pressure of England's heavy hand.
The gradual encroachments of England upon the franchises of the colonies, and especially upon those of Maryland, under the pretence of the regulation of trade, have already been sketched. Her policy of compelling the colonies to deal with herself alone, had deprived them of commerce, and a series of petty and hampering restrictions prevented or stifled the growth of manufactures. But all this time, as Burke
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says, England "pursued trade and forgot rev- enue;" and the colonists, despite occasional ir- ritations, felt that the exactions to which they were subjected, though more oppressive, did not essentially differ from those borne by Eng- lishmen in the mother-country. Like those, they regulated their own affairs, taxed them- selves, and submitted to excises and restrictions that England's trade might thrive; for as Eng- land was their one great customer, England's wealth was their profit. As Burke has finely put it: "America had the compensation of your capital which made her bear her servi- tude. She had another compensation, which you are now going to take away from her. She had, except the commercial restraint, every characteristic mark of a free people in all her internal concerns. She had the image of the British Constitution. She had the substance. Sho was taxed by her own representatives. She chose most of her own magistrates. She paid them all. She had, in effect, the sole disposal of her own internal government. This whole state of commercial servitude and civil liberty, taken together, is certainly not perfect free- dom ; but comparing it with the ordinary cir- cumstances of human nature, it was a happy and a liberal condition."
But with this policy of administering Amer-
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ica for England's benefit alone, and favored by the patience with which America acquiesced in this policy, there had grown up in England a changed feeling toward the colonists. They were no longer honored as heroic adventurers, as in Elizabeth's time, nor respected as en- terprising planters, as in the time of the first James. Liberty, the proud right of self-gov- ernment, was still the Englishman's birthright, but the Englishman across the Atlantic was an Englishman with a difference. The veriest cockney who had never travelled out of hear- ing of the chimes of his beloved Bow, talked of "our subjeets in America ; " and because the colonists had no representation in Parliament, it was fancied that the crown might deal with them as it pleased.
So now the old and wise, if selfish, policy was to be abandoned, and a revenue raised from the Provinces. The Aet of 1764 impos- ing port-duties sounded the note of the change by the statement in the preamble that it " was just and necessary that a revenue should be raised in America." At first this ominous word created no alarm : the colonies were used to port-duties, the objection raised was that they had not the money. But now Grenville looked about for a new source of revenue, and the one ho fixed upon was the stamp - duty
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which Sharpe had suggested. Now the eyes of the colonies were opened, and remonstrances went up to the crown, but these were scorn- fully rejected and not even laid before Parlia- ment.
When the news of the passage of the Stamp Act (March 22, 1765) reached America the whole country was thrown into agitation. The Maryland Assembly was not in session, and the Governor, who knew their temper, seemed de- termined by continued prorogations to prevent opposition from that quarter.
This, however, did not prevent the great question of the day from being freely discussed, and the " Maryland Gazette," the only news- papor in the Province, threw open its columns to all who had anything to say about it. Ex- citement soon mounted to fever hent, and when Mr. Hood, a Marylander, who, while in Eng- land, had been appointed stamp-distributor for the Province, arrived at Annapolis, he was re- ceived with fierce insult and outrage. He was flogged, hanged, and burned in effigy in several towns, and as this vicarious correction had no effect upon him, his house in Annapolis was torn down, upon which, in alarm, he fled to New York. Sharpe wrote to Lord Halifax saying that it would be impossible to protect Hood without a military force, and that he bo-
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lieved the stamps (which had not yet arrived) would be burned if any attempt were made to land them.
Sharpe also wrote to General Gage at New York, asking his protection for Hood, but it was unavailing. Associations called the Sons of Liberty had been formed throughout the colonies, and a party of these seized the fugi- tive stamp-distributor, carried him before a magistrate, and inade him swear to resign his commission, and never, either directly or indi- rectly, contribute to the execution of the Stamp Act. When he had done this, he was consid- ered to have purged himself of his contempt, and by way of comfort was invited to an enter- tainment, but his nerves were too much shaken for festivities. The stamps arrived soon after on the sloop-of-war Hawke, but as there was no one authorised to receive them, and as the attempt to land them would have raised a riot, they were never landed on the soil of Mary- land, and were finally carried back to England.
Sharpe now called an Assembly, which met in a spirit little short of revolutionary. In several cases the constituencies had formally in- structed their representatives as to the course of conduct that was expected of them. They were instructed to plant themselves on the ground that the people of Maryland were Eng-
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lishmen who had forfeited no jot of their birth- right of freedom, and on the express letter of the charter exempting them and their posterity forever from all royal taxation and imposition of every kind ; they were notified that an en- ergetic resistance to all such invasions of lib- erty would be required of them ; and that there might be no misunderstanding abont tho mat- ter, these instructions, in the character of a protest, were to be entered on the journal of the Lower House.
The first business, when the Assembly met, wa's to take into consideration a letter from tho Assembly of Massachusetts proposing a moet- ing of committoos from the various colonial Assemblies to tako into consideration the pres- ent state of affairs and join in a memorial to England. The proposition was at once ununi- mously approved by both Houses and the Gov- ernor.' Next a committee was appointed to draw up a set of resolutions declaratory of " the
1 Tho plan of a Congress of the colonies had been broached as carly as 1696 by William l'enn, who in a memorial to the Board of Trado entitled, A Briefe and Plain Scheam how the English Colonies in the north part of America . . . may be made more useful to the Crowne, suggested an arrangement which commended itself to his judgment. Ilis plan was for a congress of two deputles from each colony to meet at some central point, annually during war, biennially during peace, with a royal commissioner as president, to adjust intercolonial matters, allot quotas, etc.
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constitutional rights and privileges of the free- men of the l'rovince." On the 28th of Septem- ber the committee reported the following reso- lutions, in the nature of a Bill of Rights : -
I. Resolved, unanimously, That the first adventur- ors and settlers of this province of Maryland brought with them and transmitted 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, enjoyed, and possessed, by the people of Great Britain.
II. Resolved, unanimously, That it was granted by Magna Charta, and other the good laws and stat- utes of England, and confirmed by the Petition and Bill of Rights, that the subject should not be com- pelled to contribute to any tax, tallage, aid, or other like charges not set by common consent of Parlia- ment.
III. Resolved, unanimously, That by royal char- tor, granted by his Majesty, king Charles I., the eighth year of his reign and in the year of our Lord one thousand six hundred thirty and two, to Cecilius, then Lord Baltimore, it was, for the encouragement of people to transport themselves and families into this province, amongst other things, covenanted and granted by his said Majesty for himself, his heirs, and successors, as followeth :
" And we will also, and of our more special grace, for us, our heirs and successors, we do strictly enjoin, constitute, ordain and command, that the province
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shall be of our allegiance, and that all and singular the subjects and liege people of us, our heirs and successors, transported into the said province, and the children of them, and of such as shall descend from them, thero already born, or hereafter to be born, be, and shall be denizeus and lieges of us, our heirs, and successors, of our kingdom of England and Ireland, and be in all things held, treated, reputed and esteemed, as the liege faithful people of us, our heirs, and successors, born within our kingdom of England, and likewise any lands, tenements, reve- nues, services, and other hereditaments whatsoever, within our kingdom of England, and other our do- minlons, may inherit, or otherwise purchase, receive, tako, have, hold, buy aud possess, and them may oc- cupy and enjoy. give, sell, alien, and bequeath, as likewise, all liberties, franchises and privileges, of this our kingdom of England, freely, quietly, and peaceably, havo and possess, occupy and enjoy, as our llege people, born, or to be born, within our said kingdom of England ; without the let, molestation, voxation, trouble, or grievance of us, our heirs and successors, any statuto, acts, ordinance, or provisiou to the contrary thereof, notwithstanding.
" And further our pleasure is, and by these pres- onta, for us, onr heirs and successors, we do covenant and grant, to and with the said now Lord Baltimore, his heirs and assigns, that we, onr heirs and succes- sors, shall at no time herenfter, set or make, or cause to be set, any imposition, custom, or taxation, rate, or contribution whatsoever, in or upon the dwellere
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and inhabitants of the aforesaid province, for their lands, tenements, goods or chattels, within the said province, or in or upon any goods or merchandises, within the snid province, or to be laden and unladen within any of the ports or harbors of the said prov- incos : And our pleasure is, and for us, our heirs, and successors, we charge and command, that this our declaration shall be henceforward, from time to time, received and allowed in all our courts, and before all the judges of us, our heirs and successors, for a suffi- cient and lawful discharge, payment and acquittance : commanding all and singular our officers and minis- ters 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 any thing 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 it is fitting, unto the said now Lord Baltimore, and his heirs, 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 provinco.
V. Resolved, unanimously, That trials by juries are the grand bulwark of liberty, the undoubted birth-right of every Englishman, and consequently of every British subject in America; and that the erecting other jurisdictions for the trial of matters of fact, is unconstitutional, and renders the subject in secure in his liberty and property.
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VI. Resolred, that it is the unanimous opinion of this house, that it cannot, with any truth or pro- priety, be said, that the freemen 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 en- joyed the right of being governed by laws to which they themselves have consented, in the articles of taxes and internal polity ; and that the same hath never been forfeited, or any other way yielded np, but hath been constantly recognized by the king and people of Great Britain.
VIII. Resolved, That it is the unanimo. : opinion of this house, that the representatives'hit the freemen of this province, in their legislative capacity, together with the other part of the legislature, have the sole right to lay taxes and impositions on the inhabitants of this province, or their property and effects; and that the laying, imposing, levying or collecting, any tax on or from the inhabitants of Maryland, under color of any other authority, is unconstitutional, and a direct violation of the rights of the freemen of this provinco.
Having thus defined Maryland's position, the Lower House refused to entertain any other business, and the Assembly was prorogued till November. When they again met, the dele- gates to the first Continental Congress came before them and reported their action, the Declaration of Rights, the memorial to Parlia-
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