USA > Maryland > Anne Arundel County > Annapolis > The Ancient City.: A History of Annapolis, in Maryland, 1649-1887 > Part 10
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On the 8th of April, Thomas Tench, Esq., entered the House of Delegates and delivered a bill of attainder against Richard Clarke and the following message from the council :
"The bill herewith sent to House for the attainder of Richard Clarke is thought reasonable by this Board, since this is the second time your House has ordered the Attorney Generall to prosecute him and his accomplices, and that hath been ineffectual, and although there are now actually four bills of indictment found by several grand juries of this province against him, yet divers evil persons have pre- sumed to receive, comfort, and aid him, whereby he has been able to avoid justice, according to his demerits, sculking within tenn miles of this place, the seat of government, and practicing and carrying on his traitorous and wicked designs."
The paper was read and referred for further consideration.
It was on this evidence that the following proceedings were had :
On the 9th of April, a warrant was issued by the council, directing the Sheriff of Anne Arundel county, to arrest Joseph Hill for treason, and to keep him in custody until "such time as he shall be delivered by due course of, law therefrom." This process was recommended, or ap- proved of, by the Attorney General. Mr. Hill was arrested on the 10th, and brought before the council to make his defence, six mem- bers of the House appearing to represent it : Messrs. Major Low, Mr. Young, Col. Greenfield, Mr. Hall, Mr. Spinner, and Mr. Macall. The Governor opened the interview by telling Mr. Hill, that he little expected a man of his status and character would be guilty of aid- ing, and corresponding with those that were enemys to her Majesty's Government, and disturbers of the peace thereof. The depositions of Spry and-Brereton were read to Mr. Hill, who then "denyed ever the evidence mentioned Clarke's name to him, and says that he has not seen him for about twelve months, nor does he know where he now is." Mr. Hill denied ever receiving a letter from Clarke by the two wit- nesses who were called in, confronted him, and affirmed that they had delivered to him the letter in question. The Council concluded their inquiry by informing him that they would at present have nothing further to say to him, as he had given bail.
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On the 11th the depositions were sent to the Lower House, and Mr. Hill was desired to withdraw from it as "the House find" the deposi- tions relate "some high crimes and misdemeanors supposed to be com- mitted by Mr. Joseph Hill, a member of this House." The accused withdrew, and the House after fully considering and debating the sub- ject resolved that Mr. Hill be expelled from the House "till he be cleared of what is lay'd to his charge." . The expelled member was then called into the House, and informed of its action, when he with- drew.
It seemed that the House wished the evidence of Spry, Brereton, and Thos. Richetts entered on their Journal, probably as a justifica- tion of their actions. The Council only gave consent to put it in at. the end, as they did not wish to have the Queen's Evidence Divulged before trial, as "they were unwilling to trust to Mr. Taylard, their Clark'e integrity, in that he may give out a copy." The House did not agree to this, and sent a message saying that they ought to be in- serted the same day they were read in the house. The Council agreed to this on condition to which the House consented, that they "be close sealed up untill Mr. Hill's Tryall was over."
What punishment was meted out to the conspirators, their abettors, and sympathizers is not known. The Court records of Anne Arundel of that period have not been discovered after research. The act of attainder which passed this session upon Clarke, and which set forth that he "had obstinately refused to surrender himself to justice," was not the first measure that had been taken against him. In 1705, he had been outlawed for the same character of offences. It is very probable, as our records and history are so silent upon the subject, that Clarke himself never suffered the penalty of the law for his treasonable designs.
CHAPTER XXIII. ANNAPOLIS IS MADE A CITY.
On the 10th of August, 1708, Annapolis received its charter as a city, which was granted by the honorable John Seymour, the royal Gover- nor of Maryland. "It appears to have been one of his favourite de- signs, and was proposed by him to the assembly, as early as 1704. No measures being adopted by the latter to carry his wishes into effect, he at length conferred the charter by virtue of the prerogative of his office. Under this charter, besides the powers and privileges relative to the organization and exercise of its municipal government, the city of Annapolis obtained the privilege of electing two delegates to the general assembly."*
This privilege the city retained until 1836. That year it was re- duced to one representative, and finally, in 1840, it lost this remnant . McMahon's Mu. p. 255.
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"'THE ANCIENT CITY."
of its ancient importance, and was merged into the county of Anne Arundel. By the act of 1840, Annapolis was continued as the Capital of the State and the place of holding the Court of Appeals for the Western Shore, and the high Court of Chancery. The act of 1837, made it the residence of the Governor. These honors have been in- corporated in the organic law of the State and are part of the present Constitution adopted in 1867.
The following was the petition presented to Governor Seymour, by the Mayor, Recorder, Aldermen, Common Council, and sundry citizens of Annapolis, asking a charter for the city :
"To HIS EXCELLENCY, JOHN SEYMOUR, EsQ.,
"The humble peticion of the Corporacion of the Citty of Annapolis, and the greater parts of the inhabitants of the same, humbly showeth :
"That, whereas, in her most gracious majesties in behalf of yor. Ex- cellency, for the benefitt of her dutifull subjects, inhabitants in this place was pleased to grant them a Charter, incorporating thereby this late towne of Annapolis, into a Citty, it haveing formerly had the honour in Remembrance of Princess Anne, now our good Queen to be erected into a towne, and in as much as it is the seat of Government the best situated and most convenient place for trade, wherein are a greater number of inhabitants than inany other place in this her ma- jesties Province, who are desirous that that parte of her majesties grant to this Citty, impowering the Mayor, Recorder, Aldermen, and five of the Common Councillmen, to ellect and send two representatives to the Generall Assembly, to serve as Burgesses, for this Citty, may be enlarged, May it therefore, please yor. Excellency, sce farr to enlarge the Charter that all persons being free-holders in this Citty, (that is to say, owning a whole lott of land with a house built thereon, according to law,) and that all persons actually resideing and i habitting in this Citty haveing a visible estase of the vallue of twenty pounds, sterling, and all soe, that all persons that hereafter shall serve five years to any trade within this Citty, and shall, after the expiracion of their time be actually housekeepers and inhabitants in the same, (they first taking the oath of free citizens, ) may have a free vote in the ellect- ing such representatives or Burgesses to serve hereafter in all Gen- erall Assemblys as in the said Charter, is expressed and further that after the Decease or Removall of any of the Comm.on Councillmen, already ellected, and sworne by the Mayor, Recorder, and Aldermen, of the said Citty, all the freemen, inhabitants, as aforesaid, may have a free vote in the ellecting of another Common Councillman, or Com- mon Councillmen, to serve in this or their place and stead ; and it is further most humbly prayed, that noe person or persons after the next Generall Assembly, (notwithstanding, being made freemen of the Citty, ) shall have an ellection voyce in the chuseing of Burgesses, or Representatives, for this Citty, untill they have been made free three months, which is the humble desire of your petitioners, the subscribers, and as in duty bound wee will ever pray, &c.
"Amos Garrett, Mayor ; Wornell Hunt, Recorder ; Wmn. Bladen, John Freemen, Benjamin Fordham, Evan Jones, Thomas Boardley, Josiah Willson, Aldermen.
"William Haughton, Charles Crowley, Wm. Ellott, Richard Thomp- son, Samuel Newill, Wm. Gaylard, John Grosham, Jr., Cha. Kill-
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bourne, Math. Beard, Tho. Jones, Patrick Ogilvie, Cadder Edwards, Common Councillmen.
"John Baldwin, John Brice, Tho. Donera, Richard Young, James Wotton, Christopher Smithers, Joseph Humphrey, John B.
Wm. Gwyn, Richard Bukardike, Richard Kolk, Thomas Holmes, John Novarre, Wm. Durdan."
The petition was acted upon immediately. The records bear the annexed endorsement :
"November the 18th, 1708. The within petticion granted and ordered that the Corporaicon prepare a Charter as within prayed. to be signed by his Excellency, and on her majesties, behalfe sealed, with the greate seals of this Province,
Signed per Order, W. BLADEN, Clerk Council."
This was the charter :
"THE CHARTER OF THE CITY OF ANNAPOLIS.
"Anne, by the Grace of God, of Greate Brittain, France, and Ireland, and the Dominions thereunto belonging, Queen, Defender of the faith, &c. To all and singular our faithfull subjects within our Province of Maryland, Greeting, whereas, there is a very pleasant, healthful and comodius place for trade, by act of the Generall Assembly of this our Province, laid out for a towne and porte, called Annapolis, in honour of us, which said towne and porte, hath in few years (especially, since the accession of our trusty and well beloved John Seymour, Esq., our Capt. Generall and Governour-in-Chiefe, of this our Province, to the Government thereof, ) very considerably encresed in the number of its inhabitants as well as buildings, both public and private, soe that it excelleth all other townes and ports in our said province, and for that our present seate of Government, within our province afore- said, is fixed att the said porte and towne, whereby the same is become the chiefe mart of the whole countrey, wee, being willing to encourage all our good and faithfull subjects as well att present, resideing and inhabitting, or which hereafter shall, or may inhabitt, or reside within the said porte of Annapolis, of our Royall Grace, good will, and meer motion with the advice of our Councill, in our said province, have thought fitt, and doe by these our letters pattents, constitute and erect the said towne and porte of Annapolis, together with the circuits and presinets thereof, includeing the lands heretofore laid out for the said towne and porte of Annapolis, publick pasture, and towne com- mon together, with the River and Creeks adjacient, into a Citty, by the name of the Citty of Annapolis, and doe grant to the inhabitants of the said Citty that the same Citty shall be incorporated a Citty, con- sisting of a Mayor, one person learned in the law, stiled, and bearing the office of Recorder, of the said Citty, and six Aldermen, and tenn other persons to be Common Councillmen, of the said Citty, which said Mayor, Recorder, Aldermen, and Common Councillmen shall be a body incorporate, and one comunity forever in right, and by the name of Mayor, Recorder, Aldermen, and Common Councill. of the said Citty of Annapolis, shall be able and capable to sue and be sued att law, and to act and execute, doe and performe as a body incorporate, which shall have succession forever, and to that end to have a com- mon seale, and that Amos Garrett, Esqr., one of the inhabitants of
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"'THE ANCIENT CITY . ''
the said Citty, shall for the present be, and be named Mayor of the said Citty, for the ensueing year, and Wornell Hunt, Esqr., Recorder thereof, and William Bladen, John Freemen, Benjamin Fordham, Evan Jones, Tho. Boardley, and Josiah Willson, Esqrs., inhabitants of the said citty, shall be Aldermen thereof, soo long as they shall well behave themselves therein, haveing first taken and subscribed the test and severall oaths for security of the Government, as by Law es- tablished and allsoe the oath appointed by us or our present Gover- nour, to be taken by the Mayor, Recorder, and Aldermen of the Citty of Annapolis, aforesaid ; Which shall be administered to them by our Governour-in-Chiefe, keeper of the greate seale of this our province for the time being, or by such other person or persons as wee, our heirs, and successors, or our Gov. aforesaid, for the time being, shall, from time to time, authorize and appoint to administer the same, and wee grant that the said Mayor, Recorder and Aldermen, or the Major parte: of them shall ellect and choose some others of the most sufficient of the inhabitants of the said City, being freemen thereof, to be of the Common Councill of the said City, for soe long time as they shall well behave themselves, and to perpetuate the succession of the said Mayor, Recorder, Aldermen, and Common Councill in all times to come, wee doo grant, that, for the future, they shall assemble in some convenient place in the said citty, upon the feast day of St. Michaell, the Arch- angell, in every year, and shall ellect and choose by the Major vote of such of them as shall be then present, one other of the Aldermen of the said citty, for the time being, to be Mayor of the said citty, for the ensuing year, and upon decease or removeall of the said Mayor, of the said citty, for the time being, or upon any decease, or deceasses,. removeall, or removealls, of the said Recorder, or Aldermen, or any of them, or within one month, after such respective decease, or de- ceases, removall, or removalls, the residue of the said Aldermen, to- gether with the said Mayor, or if he shall be living or the major part of them whom shall at a set time by them to be appointed within ye said citty and presincts ellect and nominate some other person or persons to be Mayor, Recorder, Alderman or Aldermen of the said Citty in the place and places of such person or persons soe deceased or re- moved respectively as the case shall require soe as the said mayor to be Ellected and nominated to be att the time of such Ellection and nomi- naion actually one of the Aldermen of the said Citty and soe as the said Recorder soe to be Ellected and nominated, be a person learned in the law, soe as the said Alderman or Aldermen' soe to be Ellected and nominated be actually att the time of such Ellection and Nomi- nacion of the Common Councill of the said City, the said Mayor, Re- corder, or Alderman, or Aldermen, soe to be Ellected and Nominated, first Takeing the severalland Respective Oaths before mencioned to be appointed as aforesaid, and shall likewise then fill up by the Election of the free Voters of the said Citty, out of and from among the Inhabit- tants and freeholders of the said Citty, the full number of tenn persons- to be Common Councillmen, and that the said persons hereby appointed and named or hereafter to be Elected and nominated mayor, Recorder, or Aldermen, be Justices of the peace within the City presincts and liberties thereof, having first taken the oaths usually appointed to be taken by the Justice of the Peace, the said Mayor, Recorder, and Al- dermen hereby named and appointed or hereafter to be Elected, nomi-
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HISTORY OF ANNAPOLIS.
nated, or any three of them, whereof the said Mayor or Recorder, for the time being, shall be one, shall have, within the presincts of the said Citty, full power and authority to make Constables and other nessessary officers, and to rule, order, and govern the inhabitants thereof, as justices of the peace, are or shall be authorized to doe, and shall have power to execute all the Laws, Ordinances, and Statutes, in- that behalfe, made as fully and amply as if they were authorized thereto, by express, commission, named therein, willing and com- manding that noe other justices of the peace or quorum within our said county or province, doe att any time hereafter, take upon them or any of them to execute the office of a justice of peace within the said Citty, or in the presincts thereof ; notwithstanding any comission- at large, authoriseing them thereunto, saveing the authority and juris- diction of her majesties' justices of oyer and terminer and Goale de- liver, now or hereafter to be assigned, dureing the time of their holde- ing their severall respective Courts in the said Citty, and further wee will and grant unto the said Mayor, Recorder, and Common Councill of the said Citty, for the time being, full power and authority, after the space of six years, to ellect a Sherriff for the said Citty, but that untill then the Sherriff of Anne Arundell county for the time being, shall be Sherriff of the said county and to make, order, and appoint such by-laws and ordinances among themselves, for the regulacion and good Government of Trade and other matters exigences and things within the said Citty and presinets, as to them, or the major parte, shall seem meet to be consonant to reason and not contrary, but as near as conveniently may be agreeable, to the Laws and Statutes- now in force, which said Bye-laws, shall be observed, kept, and per- formed by ali manner of persons, Tradeing and Resideing within the said Citty, under such reasonable pains, penallties, and forfeitures, as shall be imposed by the said Mayor, Recorder, Aldermen, and Com- mon Councillmen, or the major parte of them then assembled from time to time, not exceeding forty shillings sterling, the said pains, penal- tys and forfeitures to be raised by distress, and sale of the goods of such- person offending, and to be employed for the publick benefitt of the said Citty att their discression ; and further, wee doo grant and give full power, lycence, previllidge, and authority, to the Mayor, Recorder, Aldermen, and Common Councillmen of the said Citty, for the time being, and their successors forever, and alsoe all free-holders of the said Citty, that is to say, all persons owneing a whole lott of land. with a house built thereon, according to law, and all persons actually resideing and inhabitting in the said Citty, haveing a visable estate of the vallue of twenty pounds sterling, att the least, and likewise, all per- sons hereafter who shall serve five years toany trade within this Citty, and shall, after the expiracion of their time, be actually housekeepers and inhabitants in the same, to send two cittizens and delegates to every one of our assembly or assemblys, hereafter to be held, or att any time or times, hereafter to be called, to be held for this, our said Province of Maryland, to be ellected and chosen out of the inhabit- tants, actually being and resideing within the said Citty, haveing a freehold or visable estate of the vallue of twenty pounds sterling therein, by the said Mayor, Recorder, Aldermen, Common Councill- men, Freeholders, and Freemen as atoresaid, or the major parte of them being present, by virtue of our writt or writts of action to be
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"THE ANCIENT CITY. ''
sent to them for that purpose, which said writt or writts, wee doe here- by grant, shall be issued out and sent to the said Mayor, Recorder, and Aldermen, soe often as occasion shall require ; provided, that all such ellector or voters as aforesaid, doe take an oath to be true to the in- terest of the said Citty before they be admitted to such vote ; and pro- vided, alsoe, and att all times after the end of the next Generall As- sembly, to be held for this province, noe Freeman, as aforesaid, not being a freeholder as aforesaid, shall have the libertie of such vote as aforesaid, until free three months, after such his freedom obtained ; and when hereafter, there shall happen any Generall Assembly to be held, according as writts shall be sent to the severall and respective counties for ellecting Deputies or Delegates for their severall and re- spective counties in this our province of Maryland, wee further grant that the said cittizens and delegates, by them soe as aforesaid ellected and sent, shall have full and free votes and voices in all and every of our Generall Assemblys, touching or concerning all matters or things thereto, to be discoursed and handled as other, the Deputies or Delegates of the severall and respective countys, formerly have had, now have, or hereafter shall have ; and further, wee grant and give lycence to the Mayor, Recorder, Aldermen, and Common Councill of the said Citty, for the time being, and their successors forever, to have and to hold two marketts weekly within this said Citty, on every Wednesday and Saturday in the weeke, in some convenient place to be by them appointed within the presincts Liberties of the said Citty, and alsoe two fairs yearly to be kept on Munday, otherwise, called St. Phillip and Jacobs Day, and on the feast of St. Michaell, the Archangell, or on the next Day succeeding, each or either of them. in case they shall happen to fall on the Lord's Day, for the sale and vending all mannor of goods, cattle, wares, and merchandizes whatever, on which said fair Days and first two days before and after all persons comeing to the said fairs together with their cattle, goods, wares. and merchandizes, and returning thence shall be exanpt and previllidged from any arrest, attachments, or executions whatsoever, and that the said Mayor and Aldermen shall have power to sett such reasonable tole upon such goods, cattle, merchandizes, and other comodities as shall be sold therein, respectively as shall be thought fitt, not exceed- ing sixpence on every beast sold, and the twentieth parte of the val- Ine of any comodity, and shall and may hold a courte of Pypowdryt dureing the said fair, for the determinacion of all controversies and quarrels which may happen therein, according to the usuall course in England, in the like cases, and wee grant unto them all profitts and perquisits due, incident, and belonging to said markett, fair, and Courte of Pypowdry ; and further wee doe grant that the said Mayor, Re- corder, and Aldermen, or any three or more of them, shall hold a Courte of Hustings within the said Citty where they are hereby im- powered to make proper officers and to sett reasonable fees, not ex- ceeding what are now allowed in the County Courte, and shall have * ** And" probably left out.
t The lowest-and, at the same time, the most expeditious Court of Justice known to the law of England, is the Court of PIEPOUDRE, CURIA PEDIS PULVERI . ZATI : so called from the dusty feet of the suitors or according to Sir Edward Coke, because justice is there done as speedily as dust can fall from the foot. It was held at markets so that attendants on the markety might have their causes heard and determined expeditionsly, and they lose no time by the de- lays of the law. Blackstone, Vol. III. p. 31.
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HISTORY OF ANNAPOLIS.
jurisdiction and hold plea of trespass and Gectment for any lands or tenements within the said Citty, as alsoe of all writts of dower for the same lands and tenements, and of all other actions personall and mixt, and as a Courte of Record give judgement and award execucion thereon, according to the Laws and Statutes of England and this Province ; provided, the demand in the said action personall and mixt exceed not the sume of six pounds. ten shillings sterling, or seventeen hundred pounds of tobaccoe ; and, provided, nevertheless, that any party or partys, plaintiffs or defendants, shall be at their liberty on good grounds to bring writts of habeas corpus and certiorarie, to re- move any plaints from the said Hustings to the Provinciall Courte of this Province and alsoe to appeale from the judgment of the Mayors, or bring writts of error att their choice to the Provinciall Courte un- der such limitacion and regulacion as is already by the act of Assem- bly of this Province assigned for prosecuting appeales and writts of error from the County Courtes to the Provinciall. In testimoney whereof, wee have caused these our letters to be made pattent, given att Annapolis, under the Greate Seale of our said Province. Wittness our trusty and well beloved John Seymour, Esq., Captain Generall and Governour-in-Chief of our said Province, this twenty-second Day of November. in the seventh year of our Reigne &c., Annoque Domni, 1708."*
"From the period of the grant of its charter by governor Seymour, Annapolis was continually on the advance. It never acquired a large population, nor any great degree of commercial consequence ; but long before the American revolution, it was conspicuous as the seat of wealth and fashion ; the luxurious habits, elegant accomplish- ments, and profuse hospitality of its inhabitants were proverbially known throughout the colonies. It was the seat of a wealthy govern- ment, and of its principal institutions; and as such, congregated around it many, whose liberal attainments eminently qualified them for society."t
A French writer in speaking of this city as he found it during the American revolution, thus describes it : "In that very inconsiderable town, standing at the mouth of the Severn, where it falls into the bay, of the few buildings it contains, at least three-fourths may be styled elegant and grand. Female luxury here exceeds what is known in the provinces of France. A French hair dresser is a man of importance amongst them ; and it is said, a certain dame here hires one of that craft at one thousand crowns a year. The State House is a very beautiful building, I think the most so of any I have seen in America."
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