USA > Maryland > Maryland : the history of a palatinate > Part 15
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is drawn, and without some providential change of measures the blood of thousands will be shed in this unnatural contest. The inhabitants of this Province are incorporated under military regulations and apply the greater part of their time to the different branches of discipline. In Annapolis there are two complete companies; in Baltimore seven; and in every district of this Province the majority of the people are actually under arms."
Eddis had said that the government was al- most annihilated, but in fact the Convention was now really the government. Eden, who was generally liked, notwithstanding the proc- lamation, was treated with courtesy, but was politically impotent. A committee of the Con- vention waited on him to request that the arms und ammunition belonging to the Province inight be distributed to the people ; but, will- ing to spare him the necessity of yielding to what he could but regard as treason, they col- ored the demand with the pretext that a'revolt of the slaves was feared. Eden remonstrated with them, but in vain, and ended by furnish- ing the arms to the colonels of militia for the use of their regiments.
The battle of Bunker Hill made peace almost hopeless, and the activity in Maryland was in- creased. In addition to her quota to the
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Continental Army she sent to Boston two companies of expert riflemen commanded by Michael Cresap 1 and Otho Holland Williams. These riflemen were objects of great curiosity at the North, not only for their extraordinary dexterity with the rifle, but also for their back- woods dress of hunting-shirts and moccasins. They did excellent service as sharpshooters.
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On the 26th of July, 1775, the Convention again assembled, and now formally took the government of the Province into its hands. It Issued the following Declaration and Pledge, subscribed first by its own members, and then offered for subscription to the freemen of the Province : -
"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 stat- utes passed under color of subduing a riot, to subduo by military force and by famine the Massachusetts Bay ; the unlimited power assumed by Parliament
1 Son of Thomas Cresap of border renown. Gross injustice has been done this gallant man by the charge of murder- ing the family of the Indian Logan, whose speech was once thought a fine specimen of Indian eloquence. Colonel Braniz Mayor, in his Tah-gah-jute, has shown that Cresap was not prosent at that massacro, and that what Logan really said, whatever it was, was not a speech but a verbal message.
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to alter the charter of that Province and the consti- tutions of all the colonics, thereby destroying the en- sential 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 General Gage's proclamation, declaring almost the whole of the inhabitants of the united col- onics, 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 op- position to uncontrollable tyranny. The Congress chose the latter ; and for the express purpose of se- curing and defending the united colonies, and pre- serving them in safety against all attempts to carry. the above mentioned acts into execution by force of arms, resolved that the said colonies be immediately put into a state of defence, and now supports, at the joint expense, an army to restrain the further vio- lence, 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 hy 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 altering and changing the charter and constitu- tion of the Massachusetts Bay, and for destroying
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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 ut- most of our power, promote and support the present opposition, carrying on as well by arms as by the con- tinental association restraining our commerce.
" And as in these times of public danger, and un- til a reconciliation with Great Britain on constitu- tional principles is effected, (an event we ardently wish may soon take place) the energy of government may be greatly impaired, so that even zeal unre- strained may be productive of anarchy and confusion, we do in like manner unite, associate, and solemnly engage, in maintenance of good order and the public / peace, to support the civil power in the due execu- tion of the laws, so far as may be consistent with the present plan of opposition ; and to defend with our utmost power all persons from every species of out- rage 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 eivil magistrato, the Continental Congress, our Conven- tion, Council of Safety, or Committees of Observa- tion." 1
Thus the exercise of the supreme power, paramount to all law, was placed by the free- men in the hands of the Convention, composed of five delegates from each county, elected an-
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nually by the qualified electors. It was bound by nothing, not even the resolutions of the Con- tinental Congress, except so far as it pleased to assent to them. Its executive powers were ex- ercised through committees ; the Council of Safety, of sixteen members, half from each shore, sitting in permanence, which officered and directed the militia, and administered the finances ; and Committees of Observation, elect- ed in each county, whose business it was to see to the enforcement of the resolves of the Con- vention, and to report suspicious persons or any matters of consequence to the Council of Safety. No man was compelled to join the as- sociation or to take the pledge; but the names of recusants were reported, and an eye was kept on their conduct. Violators of the pledge, or persons guilty of "acts tending to disunite the people and to destroy the liberties of Amer- ica," miglit be banished by the Council of Safety, or imprisoned until the Convention had determined upon them.
This Convention, then, was in theory as des- potic as the French Convention of 1793, and the difference of its proceedings is characteris- tic of a race which instinctively revolts at arbi- trary action and cannot endure unlaw. All its proceedings were marked by respect for the forms of law and for natural equity; and in
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times of the greatest excitement and danger it kept its self-control. Its acts were sometimes summary and harsh, for revolutions are not made with rose-water ; but they were never ferocious, sanguinary, or needlessly vindictive.
CHAPTER XVI.
THE PROVINCE BECOMES A STATE.
THE same moderation characterised the po- litical action of the Convention. The attach ment of the Province to England and the Eng- lish constitution was yet strong, and hopes of reconciliation were still cherished by the truest patriots. Restrictions were laid upon the depu- ties to the Congress of 1776, forbidding them, except under certain special circumstances, to assent to any declaration of independence, to any alliance with a foreign power, or to any form of confederation which involved a separa tion from Great Britain ; and they were strictly charged, while so acting as to secure the col- onies against invasion of their rights, to seek redress by such means as would tend to rec- onciliation. At the same time they were in- structed to cooperate in such military measures as might be necessary for the common def.ence. The Convention also issned a Declaration, on January 18th, in which they set forth to the world the causes which had moved "them to ao- tion and the end which they had in viow.
As British vessels had been for some time
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making descents on the plantations of Mary- liand and Virginia bordering on the bay, Con- gress armed and commissioned several small vessels for their defence, and the Convention also fitted out several cruisers. One of the former intercepted a correspondence between Governor Eden and the British ministry, re- lating to assistance to be furnished by Eden in military operations presently to be undertaken. This correspondence was sent to Congress, which requested Mr. Purviance, Chairman of the Baltimore Committee of Observation, to or- der Eden's arrest. Mr. Purviance, in his zeal, forgot that he had no authority except under the Convention and within his own county, and sent an officer to make the arrest; but the Council of Safety interfered and forbade it. Congress passed a resolution that Eden should be arrested, to which the Council replied with a polite intimation that Congress was over-step- ping its powers, and that they chose to manage their own affairs in their own way. They ac- cepted from Eden a promise that he would await the meeting of the Convention, and left him for the time unmolested.
The Convention, when it met, entirely ap- proved the proceedings of the Council of Safety, and Eden was notified that he was at full lib- erty to depart with all his effects. Virginia
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took it upon herself to remonstrate, upon which she was sharply snubbed and told to mind her own business.
The Convention now, drawing its authority directly from the people, was really supromo in the Province during the abeyance of the royal authority. The Governor, who, since April. 1774, had kept an Assembly from sitting by repeated prorogations, as the time for which the members had been elected expired in Au- gust, 1775, issued new writs of election. But the Convention met before the writs woro ro- turnable, and on June 25, 1776, forbndo tho election. Eden Itad left the Province on board a British frigate the previous day, so that the phantasm which was all that was left of the Proprietary government vanished utterly, and all legislative and executive power devolved upon the Convention.
The Convention was perfectly aware of its positions and responsibilities. It was willing to carry out, so far as it approved them, tho measures of the Continental Congress; but it knew that so far as it came into contact with Congress, namely, through its deputies, it, and not Congress, was supreme ; and it kept thoso deputies fully instructed that no interferenco with Maryland's right of self-government would be tolerated, which would have been a servi.
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tude at least as bad as that which she was re- sisting. It acknowledged but one superior au- thority, and that was the sovereign power itself, the source of all nuthority, the freemen of Maryland acting in their political capacity.
How perfectly the Convention understood the situation, appears from its next action. The sentiment in Congress was setting strongly in favor of independence, and a resolution had been offered to that effect by the deputies of Virginia ; but Maryland did not draw her in- spiration from Congress. Even some of the Maryland deputies were a little hazy in their views, and expressed a wish that the Conven- tion might soon " give the explicit sense of the Province on this point," adding, as an after- thought, that "it would be well if the delegates to the Convention were desired to endeavor to collect the opinion of the people."
The attitude of the Convention at this time is well worth considering, as it shows what kind of men guided the councils of Maryland a hun- dred years ago. It had originally been formed to carry out the non-importation agreements in conjunction with the other colonies, and to coop- crate with them in resisting invasion of the lib- erties of the people, and so became the repre- sentative of the will of Maryland in its policy of resistance. By the demise of the Proprietary
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government, it had fallen heir to its powers of 1 i
internal control, and it had the hearty support of the people. It was a time of strong excite- ment ; a great war was impending ; other colo- nies were impatient for Maryland to act; tho feeling in the Province was ardent for independ- ence. Yet it never for an instant forgot that it had been empowered to exercise its functions with a view to reconciliation with Great Britain, and that it had no power to declare independ- ence - for that it must go to the people. If there is one thing in Maryland's honored his- tory to which her sons can look back with especial - perhaps melancholy - pride, it is the action of the Convention of 1776.
They summoned their deputies back from Congress, and then laid the whole question bo- fore the freemen. These, meeting in their sov- ereign political capacity in their several coun- ties, instructed their representatives in tho Convention to rescind the restrictions imposed upon the deputies in Congress, and to allow them to unite with those of the other colonics in declaring independence and forming a con- federation.
So now the Convention could aet. On Juno 28, 1776, on motion of Charles Carroll, the restrictions were rescinded, to the great joy of the people, and new instructions transmitted to
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the deputies, who instantly joined with the rest in the preparation of a declaration of Independ- ence.
While heartily in sympathy with the com- mon action, Maryland thought it due to herself to act for herself ; and on the 3d of July the Convention drew up Maryland's Declaration of Independence, a memorable document, which runs as follows : -
"A DECLARATION OF THE DELEGATES OF MARY- LAND.
" To be exempted from the Parliamentary taxa- tiou, and to regulate their internal government and polity, the people of this colony have ever consid- ered 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 Britain has of late claimed an uncontrollable right of binding these col- onies in all cases whatsoever ; to enforce an uncondi- tional submission to this claim the legislative and ex- ccutive powers of that State have invariably pursued for these ten years past a steadier system of oppres- sion, by passing many impolitie, severe, and cruel acts for raising a revenue from the colonists ; by do- priving 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
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restraining them from fishing ou their own coasts ; by extending the limits of, und erecting an arbitrary government in the Province of Quebec ; by confiscat- ing the property of the colonists taken on the soas, and compelling the crews of their vessels, utider tho 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 col- onists, to be legal and just.
" A war unjustly commenced hath been prosecuted against the united colonies with cruelty, outrageous violence, and perfidy ; slaves, savages, and foreign mercenaries have been meanly hired to rob a people of their property, liberties, and lives ; a people guilty of no other crime thay deeming the last of no estima- tion without the secure enjoyment of the former ; their Inunble and dutiful petitions for peace, liberty, and safety have been rejected 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 de- termined and inexorable resolution of reducing these colonies to abject slavery.
" Compelled by dire necessity, either to surrender our properties, 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 Con- vention assembled, do declare that the King of Great Britain has violated his compact with this people,
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and they owe no allegiance to him. We have there- fore thought it just and necessary to empower our deputies in congress to join with a majority of the united colonies in declaring them free and independ- ent States, in framing such further confederation between them, in making foreign alliances, and in adopting such other measures as shall be judged nec- essary for the preservation of their liberties ; provided the sole and exclusive rights of regulating the inter- nal 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 estab- lishing a government in this colony. No ambitious views, no desire of independence, induced the people of Maryland to form an union 'with the other colo- nies. To procure an exception 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 mo- tive. To maintain inviolate our liberties nud to transmit them unimpaired to posterity, was our duty and first wish ; our next, to continue connected with, and dependent on, Great Britain. For the truth of these assertions, we appeal to that Almighty Being who is emphatically styled the Searcher of hearts, and from whose omniscience nothing is concealed. Relying on Ilis divine protection and affiance, 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 colonics."
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On the evening of the 4th of July the depu- ties in Congress adopted the Declaration of In- dependence, - that is, they approved and ao- cepted the form which lind been laid before them by the committee. It was not engrossed nor signed until the 2d of August ; but in the mean time it was printed and proclaimed throughout Maryland, and everywhere accepted with enthusiasm.
Thus Maryland having declared, through her authorised representatives, in the one case as an individual act, and in the other as a joint action with the other colonies, that she was henceforth independent of Great Britain, rose up at once a free and sovereign State. The question tried and determined by the war was whether she would be able to maintain that independence.
One thing more remained. The Convention recognised itself ns a merely provisional body, uniting in itself functions and powers which, in a free government, should be kept distinct. It therefore drew up a Bill of Rights and a Con- stitution, provided for a new election at which the Constitution should be submitted to the peo- ple and the officers of the new government cho- sen, and then abdicated its position by a simple adjournment, leaving the direction of affairs in the interim, in the hands of the Council of
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Safety. The new government began on March 21, 1777, and the Council of Safety transferred the records and papers to the appropriate offi- cers, and then dissolved itself.
The Proprietary's individual rights were re- spected for some time after his government had come to an end. But in 1780 the people had become exasperated by the continual plots and conspiracies of the tories, and by the refusal of the English trustees to honor the drafts of the State drawn against the public funds in the Bank of England, and a law was passed con- fiscating the property of all British subjects in Maryland, an exception being made in favor of Ex-governor Sharpe, who was allowed the op- tion of selling his property to Maryland pur- chasers within two years, or of returning to the State within that time and becoming a citizen.
By this law all the landed domains of Henry Harford were sequestered to the State, and the quit-rents being afterwards abolished, not taken by the State, the original freeholds became pure allodial holdings, as in the primitive days of the race. Harford afterwards received £10,000 from the State in compromise of litigation about the trust-fund, and £90,000 indemnity from the British treasury.
The history of Maryland's share in the War of Independence would be the history of the
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war itself, and does not fall within the scope of this narrative. But, though the faithful ally of her sister States, Maryland refused to enter into any permanent bond, so long as that sano- tioned pretensions which she considered un- equal and unjust. The other States chafed at her refusal, but she stood firm ; and it was not until March 1, 1781, when an equitable arrango- ment with regard to the western lands had beon agreed to, that Maryland entered the Confeder- ation as the thirteenth and last State.
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INDEX.
ABHORRENCY, oath of, 186. Abundance of game, 102. Acadians in Maryland, 229. Act of Gratitude, 122, 182. Act of Toleration, 67, 79, 88. Alx-la-Chapello, peaco of, 219. Albany, 216. Alexander, Sir Willlain, 20. Algonkin Indiana, 102. Allcock, Thomas, 110. Alleglance, oath of, 15, 22. Alrleka, Governor of New Amstel, 97, 98.
Alsop, Goorge, " Character of Mary- land," 169. Altham, John, 22. Altoun,.97. Amberat, Lord, 234. Amnesty, 88. Andros, Sir Edmund, Governor, 187, 188.
Annamessox, 112. Annapolis made the capital, 187. Aun Arundel, 74, 153, 100. Anno, Quoen, 193. Archlhu, 24. Aristocracy, 168. Ark, the, 6, 21, 22, 45. Aslonto trade, 179. Assatongue Indiana, 105. Assembly, first, 85, 80; second, 41 ; roorganised, 4%, 78 ; under l'url- tan rulo, 79; final organisation, 103.
Associations, non-Importation, 255. Associatora, Protestant, 162. Avalon, 7-14.
Bachelors, tax on, 210. Bacon, Nathnulel, 132. Baltimore, 210. Baltimore county, 214. Baltimore, Lord. Soo Calvert. Baptism of the Tayac, 61.
Battle In the Pocomoke, 34; on tho Severn, 81. Beekman, Governor of Altona, 98. Bennet, Richard, Commissioner, 76; Governor of Virginia, 70, 80, 87. Borkeloy, Sir William, Governor of Virginia, 54, 63, 90, 101, 112. Bill of Rights, 284. Bllla of credit, 265. Binklaton, Nathanlol, Governor, 197. Blood-orden1, 178. Bohomla Manor, 100. Border warfare, 214. Boston l'ort 11, 230. Boundaries of Maryland, 18, 96, 112, 124, 125, 120, 142, 212, 214, 216, 283.
Braddock, Edward, Gonoral, 224. Bray, Dr. Thomas, 190, 191. Breut, Giles, 68. Brent, Margarot, 64, 05. Brent, Mary, 04, 177. Bricks made In Maryland, 158, 166. British cruisers In Chosapoako, 277. Burgonses chosen, 45. Bush Rivor, 110.
Callister, Henry, 230. Calvort, Bonodlet Leonard ( Lord Balthnore), 144, 200, 201, 209. Calvort, Cecilius (Lord Balthnoro), Maryland granted to, 18 ; wounds out colonists, 21 ; dissents to laws, 85 ; applies for removal of Joanita, 66; attitude In the Civil War, 67 ; character, 69; attitude towards Parliament, 72; " Ron- sons of Sinta " 77 ; attitude to- wanda the Protectorate, 79 ; or- dors Stono to resume the govern- ment, 81 ; righta confiruted, 21, 84, 87 ; government restored, 89 ; colna money for Maryland, 115 ; dlea, 127.
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Calvert, Charles (Lord Baltimore), Governor, 104 ; visita Now Amstel, 119; succeeds to title, 127 ; visite Now Castle, 139; Interviews with Penn, 140, 141 ; deprived of gor- erament, 150; withdraws him son's allowance, 200 ; dles, 201. Calvert, Charles, Governor, 200. Calvert, Charles (Lord Baltimore), succeeds to title, 201 ; Maryland restored to him, 201 ; agreement with the l'enne, 213; dles, 215.
Calvert, Frederick (Lord Halti- more), succeeds to title, 217; In- difference to Maryland, 267 ; at- tempta to regain Avalon, 14; dies, 208.
Calvert, George (Lord Baltimore), birth, 4 ; Secretary of State, 5; colonises Avalon, b ; created Bar- ou of Baltimore, 8 ; visits Avalon, 8; letter to Wentworth, 9 ; on- gagement with French cruisers, 9; visita Virginia, 15 ; grant of land south of Virginia, 16; graut of Maryland, 17 ; dies, 17. Calvert, Leonard, 4.
Calvert, Leonard, Governor, 22 ; viales Pascataways, 24 ; holds An- winbly, 86 ; roduces Kent Island, 41; visits the Tayac. 6l ; plans Indian expedition, [4; rails to England, 68; returns to Mary- land, 60 ; retreats to Virginia, ti ; recovera Maryiaud, 63: dier, 63. Calvert, l'hilip, 87, 94, 101, 104, 108, 124.
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