USA > Maryland > Frederick County > Graceham > The history of Graceham, Frederick County, Maryland > Part 16
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6. In business and social life every resident will conduct himself honor- ably before God and man, manifest his sincerity and faith, do good work for a reasonable price without haggling, to the best of his ability contri- bute his part to the prosperity and credit of the whole settlement, and re- ceive kindly the faithful admonitions of the Committee.
7. If it should be found necessary and advantageous to make arrange- ments for the safety, cleanliness and good order of the town, e. g., if wells are to be dug, roads made, or measures adopted to prevent danger from
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the breaking out of a fire, or in case of one, no resident may refuse to do his part, according to his ability.
8. Every resident will take all possible care for the cleanness of the streets, and leave no rubbish lying before his house, as that would give the town an unseemly and foul appearance.
9. Although the good of the whole settlement must be an object of so- licitude to every resident, no one is at liberty to act or to undertake any- thing in the name of the congregation without having been duly commis- sioned by it to do so.
IO. Whoever notices anything that might be detrimental or injurious to the community or to single individuals is as much obligated to inform the proper authorities, as he who knows of anything that would be a benefit to the whole community is in duty bound to state it.
II. If the Committee, with the consent of the Congregation Council, should consider it advisable to make amendments to the preceding Ordi- nances, or to adopt new ones, all residents will cheerfully be governed by them as well as by those now in force.
12. If any resident wishes to build, or to make considerable additions to his house, he must beforehand give the proper information to the Com- mittee, who must see to it that all impropriety is avoided, and that every- thing is arranged in accordance with the plan of the town, and with refer- ence to safety in case of fire.
These Ordinances were read to the brethren of the Congregation Coun- cil, March 30, 1794, and were approved by them.
Christian Friedrich Schaaf. (Pastor.)
Translated from the original German document.
INSTRUCTIONS FOR THE INN-KEEPER, JOHANNES WILHEIDT.
Inasmuch as permission has been granted to Johannes Wilheidt to keep an inn, it has been considered necessary to recommend the following points for his instruction and observance, viz .:
I. Graceham being intended solely for the residence of members of the evangelical Brethren's Church who conduct themselves in accordance with the Brotherly Agreement and the Town Ordinances, the said Bro. Johannes Wilheidt will constantly bear in mind this design of the place, and by word and deed approve himself accordingly as a true member of this congrega- tion. The same is also required of all members of his household, in order that all visiting strangers may obtain a good and pleasant impression of our town.
2. He will therefore receive in a friendly manner all persons who put up at his house, and supply them with food and drink at reasonable rates. But no liquor shall be given to any one who is already intoxicated.
3. He will be especially careful to keep unadulterated liquors of the best quality.
4. No drinks shall be furnished while there is divine service on Sundays, except in cases of the greatest necessity; as upon the whole the entertain-
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ment of guests on Sundays and Festival Days, except in the case of those who come expressly to attend the services, is to be avoided as much as possible.
5. He will carefully watch those who may come only to make merry and perhaps bring objectionable women with them, and not permit them to lodge here; also, to remove every opportunity for misconduct or immorality.
6. He will also not allow fiddling and dancing in his house, nor the set- ting up of a billiard table.
7. He will be particular to see that the house is closed at 10 P.M., and that all guests who do not remain over night leave it.
8. He will endeavor to keep out of his house members of our congre- gation, and especially young people, if they have no special business to transact, and if they ask for anything to drink, tell them that they can drink at home.
For the glory of God and the good of the congregation Bro. Johannes Wilheidt and his household will govern themselves to the best of their ability according to the above instructions, so that his house may have a good name, and the blessing of God may rest upon it.
Drawn up and signed.
Johannes Herbst, Carl Gottlieb Bleck.
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APPENDIX C.
A SKETCH OF THE LIFE OF THE HON. DANIEL DULANY, THE ELDER.
BY RICHARD H. SPENCER, COUNSELLOR-AT-LAW, BALTIMORE, MD.
Daniel Dulany (the elder) was born in 1686, in Queens County, Ireland, (where the name was spelled Delany,) and was related to Rev. Dr. Pa- trick Delany, who was a fellow of Trinity College, Dublin, Chancellor of Christ Church and Prebendary of St. Patrick's in Dublin, Dean of Down in 1774, a man of wide knowledge and an author of note.
A family quarrel, owing to his father's second marriage, made Daniel Dulany (the elder) quit the University of Dublin while yet a youth, and leave his country for Maryland, where he arrived in 1706, almost penniless, and where he was befriended by Col. George Plater, of St. Mary's County, who had been Attorney General of the Province.
Established in the law office of Col. Plater, Daniel Dulany's history, from that time on, was a succession of honors and of usefulness. He was ad- mitted to the bar of the Provincial Court in 1710, and as a law student at Grey's Inn, London, in 1716, so that he added to his knowledge derived from books and to his practical training, the advantage of direct contact with the law schools of the mother country.
For nearly 40 years Daniel Dulany (the elder) held pre-eminently the confidence of the Proprietary and the affections of the people. The wide range of his ability is proven by the variety of offices he was called upon to fill. Among them were included that of Alderman, City Councilman, Recorder of Annapolis, Attorney General, Judge of the Admiralty, Re- ceiver General, Commissary General and member of the Council, which latter office he held under the administrations of Governors Bladen, Ogle and Sharpe.
His famous publication, "The Rights of the Inhabitants of Maryland to the Benefit of the English Laws," addressed to all true Patriots and Lovers of Liberty, published in 1728, when a member of the Lower House, showed how heartily his interests and affections were bound up in the welfare of the colony.
The office of his Lordship's Council gave him ample scope for the ex- ertion of his benevolent disposition and unblemished reputation and in- tegrity. He was ever a powerful protector to the widow and the orphan, and he advised the ignorant with kindly wisdom. He was equalled by few in ability and excelled by none in integrity.
From London, after his death, Cecil Calvert wrote April 17, 1754, to Daniel Dulany's son, Walter Dulany, to express the sense of loss occa- sioned by the former's death to both Proprietor and Province. One of many important official acts of his life, in which he was aided by his son, Daniel Dulany (the younger) was to represent Lord Baltimore in the fix- ing of the boundary line between Maryland and Pennsylvania. The estab- lishment of Mason and Dixon's line was the conclusion of the controversy.
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Mr. Dulany promoted industries and took an active part in the westward movement in Maryland. In 1745 he laid out Frederick town (now Fred- erick City) on part of the survey called "Tasker's Chance." This proper- ty, containing over 7000 acres of land, afterward came into the possession of his eldest son, Daniel Dulany (the younger) and was confiscated and sold October 10, 1781, for £60,555.
Newton D. Mereness, in his "Maryland as a Proprietary Province," (1901) says: "In 1735 Daniel Dulany offered sufficiently favorable terms to induce about one hundred families recently arrived from the German Palatinate to settle on some of his land in Frederick County. The first results of the movement are stated in a letter written by Daniel Dulany (the elder) to the Hon. Samuel Ogle, in which the writer said: 'You would be surprised to see how much the country is improved beyond the mountains, especially by the Germans, who are the best people that can be to settle a wilderness; and the fertility of the soil makes them ample amends for their industry.'"
Mereness also says: "He (Daniel Dulany, the elder) had done much to encourage the settlement of Frederick County and he was the most highly esteemed lawyer in Maryland."
His first wife died childless. His children by his second wife, Rebecca Smith, daughter of Col. Walter Smith, of Calvert County, were, Hon. Daniel Dulany (the younger), Rachel, Dennis, Margaret and Walter Du- lany. His children by his third wife, Henrietta Maria (Lloyd) Chew, were Henrietta Maria and Lloyd Dulany, who died in 1782, in England, from a wound received in a duel, in Hyde Park, London, with Rev. Ben- nett Allen, formerly rector of St. Ann's Parish, Annapolis, Md.
Daniel Dulany (the elder) died in Annapolis, December 5, 1753, in the 68th year of his age, and his tomb may be seen in the church-yard of St. Ann's, at Annapolis. His second wife, Rebecca (Smith) Dulany, is also buried there, and the spot is marked by an altar tomb bearing the Dulany escutcheon quartered with the Smith armorial bearings. His pall was supported by the Governor of Maryland (Sharpe), four members of the Honorable Council and the Mayor of Annapolis.
The following obituary notice is copied from the Maryland Gazette (Annapolis) of December 6, 1753:
"Yesterday, about Ten o'clock in the Evening, died, at his House in this City, in the 68th Year of his age, after a long and lingering Illness, the Honourable Daniel Dulany Esq., Commissary General of this Province, one of his Lordship's Council of State, and Recorder of this City. During fifty years Residence in Maryland, he always maintained an excellent Char- acter, strictly agreeable to the Rules of Honour, Justice and Integrity. He came into the Country very young, but by the Strength of his natural parts (which were extraordinary) and his diligent Application, particularly to the Law, he became very eminent in that profession. He formerly served this Country and City many Years as a Member of the Lower House of
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Assembly, and possessed several of the Greatest offices of Honour and Trust in the Government; specially that of Attorney General and Judge of the Admiralty; and in all his several stations he acquitted himself with strict Equity and unwearied Diligence. He was an humane, generous and charitable Gentleman, and a great Promoter of the Public Good by en- couraging all kinds of Industry, towards which he largely contributed, and was very Instrumental in settling the back parts of this Province. He was a tender Husband, the best of Fathers, a good Provider and Lover of his Family, a steady Friend and kind Neighbour, and truly deserved the Love and Esteem of all Mankind. The loss of such a Gentleman, to his Family in particular, and the Country in general, is greatly to be Regretted.
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APPENDIX D.
A SKETCH OF THE LIFE OF HON. DANIEL DULANY, THE YOUNGER.
BY RICHARD H. SPENCER, COUNSELLOR-AT-LAW, BALTIMORE, MD.
Hon. Daniel Dulany (the younger) was born in Annapolis, July 19, 1721. He was educated in England, entered at the Temple, and admitted to the bar of the Provincial Court in 1747. He became Recorder of Annapolis, Deputy Commissary and Commissary General, 1754-1761. In 1757 he was appointed one of the Council, and in 1761 the Secretary of the Province, which offices he held in conjunction from the latter period until the Revo- lution. With voice and pen he espoused the cause of the colony in opposi- tion to the Stamp Act. He wrote a pamphlet in 1765, "Considerations on the Propriety of Imposing Taxes on the British Colonies," which was the basis of Pitt's great speech in the House of Commons against the Stamp Act, and a copy of which is said to have been in his hand at the time.
Mr. McMahon, in his "History of Maryland" (1830), says: "Conspicu- ous amongst all the essays of that day in opposition to the Stamp Act is one to the honor of which Maryland lays claim, as the production of her most distinguished son. It came from the pen of one whose very name was a tower of strength. Abilities that defied competition, learning that ranged an eagle-flight over every science, accomplishments that fascinated and gentleness that soothed even envy, all conspired to render Daniel Dulany the fit advocate of such a cause.
"For many years before the downfall of the proprietary government he stood confessedly without a rival in this colony as a lawyer, a scholar and an orator, and we may safely hazard the assertion that, in the high and varied accomplishments which constitute these, he has had amongst the sons of Maryland but one equal and no superior. For many years before the Revolution he was regarded as an oracle of law. It was the constant practice of the Courts of the Province to submit to his opinion every ques- tion of difficulty which came before them; and so infallible were his opinions considered that he who hoped to reverse them was regarded as 'hoping against hope.' Nor was his professional reputation limited to the colony. I have been credibly informed that he was occasionally consulted from England upon questions of magnitude; and that in the counties of Virginia adjacent to Maryland it was not unfrequent to withdraw ques- tions from their Courts and even from the Chancellor of England to sub- mit them to his award.
"Thus, unrivalled in professional learning, according to the representa- tions of his contemporaries, he added to it all the power of the orator, the accomplishment of the scholar, the graces of the person and the suavity of the gentleman. Mr. Pinckney himself, the wonder of the age, who saw but the setting splendor of Mr. Dulany's talents, is reported to have said of him, that 'even among such men as Fox, Pitt and Sheridan he had not found his superior.'"
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Opposing the separation of the colonies from the mother country, he en- gaged in a warm newspaper discussion, in 1773, with Charles Carroll, of Carrollton, under the nom de plumes of "First Citizen" and "Antillon." These letters, which appeared in the Maryland Gazette, have recently been re-published by Mr. E. S. Riley, of Annapolis, who says of Mr. Dulany : "The political differences of the Revolution survived its conclusion. Mr. Dulany held no public office after it, and the brilliancy of his talents dis- played alone in the forum of Provincial Courts did not shed its effulgence in national councils, and his fame, reflected from the humble pedestal of State History, has not depicted to the nation the phenomenal proportions of his intellect." Such was the iron heel of public opinion upon the po- litical fortunes of a man whose opinions were thought to have moulded those of William Pitt, by whom they were publicly noticed with great honor.
Hon. Josiah Quincy, of Massachusetts, in his journal while on a visit to the Southern Colonies in 1773, writes : "I spent about three hours in com- pany with the celebrated Daniel Dulany, Edmund Jennings and several others of the bar. Dulany is a diamond of the first water, a gem that may grace the cap of a patriot or the turban of a Sultan."
As he opposed the separation of the Colonies from the mother country when the Revolutionary War began, Mr. Dulany retired to private life, re- siding at his country seat, "Hunting Ridge," on the crest of the Patapsco hills, until it was confiscated and sold on December 7, 1781, when he re- moved to what was then known as Baltimore Town. Mr. Dulany's vast estate, including his country seat, Hunting Ridge, and over 8000 acres of very valuable land in Frederick County and other parts of Maryland, was confiscated and sold in 1781 for £84,602. He died in Baltimore, March 19, 1797, in the 76th year of his age.
There were no reports of Maryland decisions until 1809 (Harris and Mc- Henry). In that volume the opinions of Daniel Dulany are published along with the decisions of the Provincial Court.
Hon. Daniel Dulany (the younger) married, in 1750, Rebecca Tasker (born in Annapolis, November 4, 1724; died at Brighton, England, in 1822, aged 98 years). She was the daughter of Hon. Benjamin Tasker (who was for 30 years President of the Council, and at one time Acting Governor of the Province), and Ann Bladen, granddaughter of Isabella (Fairfax) Bladen, and great-granddaughter of Sir William Fairfax, of Steeton, Yorkshire, England. Their children were Daniel Dulany, Jr., Ann Dulany, who married M. de la Serre and had an only daughter Re- becca, who married Sir Richard Hunter, and Benjamin Tasker Dulany, who married Elizabeth French, of Fairfax County, Virginia, a ward of General George Washington, who gave her away at her marriage in 1773. Benjamin Tasker Dulany and his wife lived for many years at "Prospect Hall," near Frederick City. The house is still (1908) standing, and was recently the residence of Calvin R. Nutt and family.
The following obituary notice is copied from the Maryland Journal of Tuesday, March 21, 1797.
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"On Sunday, the 19th inst., departed this life Daniel Dulany, Esq., Bar- rister at Law, in the 76th year of his age. No man in America was more eminently distinguished for legal knowledge than this gentleman. After practising the law for many years, he filled the office of Secretary of Mary- land, with the most unblemished character. As a good and charitable man, the poor have lost a humane and constant friend,-as a husband, father and master, he was tender, affectionate and indulgent-and in every act of his life showed the true Christian and the man of philanthropy.
"His remains were this day interred in the Episcopal burying-ground, attended by a very respetcable set of gentlemen of the City of Baltimore. The Rev. Mr. Bond delivered an able and well adapted sermon on the occasion, which did him the greatest credit. The composition was good and well delivered."
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APPENDIX E. CHARLES CARROLL, OF CARROLLTON.
A work on "Irish Pedigrees," traces the ancestry of the Carroll family to an early king of Munster, and asserts that the more recent ancestors were called princes or barons of Ely. In 1688, Charles Carroll, the grand- father of Charles Carroll, of Carrollton, who had been secretary to Lord Powis, left Ireland, where his co-religionists of the Roman Catholic faith were persecuted, as they had before that persecuted the Protestants, and came to America. At Annapolis he became the agent of Lord Baltimore, the Proprietary of Maryland, and obtained several large grants of land, one of which was called Ely O'Carroll. His'son Charles, born at Annapo- lis in 1702, succeeded to his rich estates and married Elizabeth Brooke. Charles, their son and only child, afterwards called "of Carrollton," was born at Annapolis, September 20, 1727; was sent to France in 1745, and was educated at the College of the English Jesuits at St. Omer, at the French Jesuit College at Rheims, and at the College of Louis le Grand in Paris. He studied law in Bourges, Paris, and London, and returned to America in 1764, and married Mary Darnell in 1768. His vast estates rendered him, at the outbreak of the Revolution, the wealthiest man in the Colonies, yet he was ever an ardent friend of liberty.
As early as 1770 he had protested, on behalf of the people, against an ar- bitrary attempt of the royal governor, Eden, to impose taxes. The oppo- sition to the policy of the British ministry increased to such an extent that on December 8, 1774, a State convention was held, and Charles Carroll, triumphing over the prejudice which had long disfranchised Roman Cath- olics in the colony founded by one of that faith, sat as a member of this body. About this time he assumed the designation "of Carrollton" to dis- tinguish him from another member, Charles Carroll, barrister, also born at Annapolis. In 1775 he was chosen a member of the first committee of observation established at Annapolis, and a delegate to the provincial con- gress.
On August 2, 1776, when the Declaration of Independence was formally signed by the members of Congress, he was one of the first to attach his name. The story that he then first used the addition "of Carrollton" is incorrect. He was afterwards one of the committee that prepared the con- stitution of Maryland, and was several times a member of the State sen- ate. In 1777 he was again a delegate to Congress, and in 1788 was elected to the United States Senate. In 1799 he was one of the commissioners to fix the boundary between Maryland and Virginia. In 1801 he retired from public life.
On July 4, 1828, being then in his ninety-first year, he inaugurated the Baltimore & Ohio Railroad amid imposing ceremonies. This was his last public appearance; his strength gradually declined, and he died peacefully in the home of his daughter at Baltimore, November 14, 1832.
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Throughout his life he was noted for his dignified manners, unfailing courtesy, and regard for the rights of others. His only son, Charles, mar- ried Harriet, daughter of Hon. Benjamin Chew, chief justice of Pennsyl- vania. One of the daughters, Catharine, was married to Robert Goodloe Harper, a distinguished Maryland Federalist, from whom Harper's Ferry derived its name. The other daughter, Mary, was married to Richard Ca- ton, an English gentleman who had settled in Baltimore the previous year, and her four daughters were noted for their beauty. Three of them were married to English noblemen, and were known at the court of George IV as "The American Graces." (Encycl. Amer.) Louise Caton, the youngest of Charles Carroll's granddaughters, was the first to marry in England, to which country the three sisters had gone, after the marriage of the eldest, Mary, to Robert Patterson, the eldest son of William Patterson, at that time the wealthiest merchant in the United States, by which marriage Mary became the sister-in-law of Elizabeth Patterson, the first wife of Jerome Bonaparte. Louise Caton was married first to Sir Felton Bathurst Hervey, who had served with great distinction under the Duke of Wellington dur- ing the wars in Spain, and was afterward his aide-de-camp at Waterloo. After his death in 1819, Louise (Lady Hervey) was married to the Mar- quis of Carmarthen, eldest son of the Duke of Leeds, to which title he succeeded on the death of his father, the Marchioness of Carmarthen thus becoming the Duchess of Leeds.
Elizabeth, the second in age of Charles Carroll's granddaughters, was married in 1836 to Baron Stafford, whose family name was Jerningham, one of the oldest in England, going back to the time of King Stephen and Henry II. In 1824 Sir George Jerningham had succeeded to the ancient barony of Stafford, which had become extinct by the judicial murder of his maternal ancestor, the celebrated Viscount Stafford, during the reign of Charles II.
After the death of her husband, Robert Patterson in 1822, Mary, the eldest of Charles Carroll's granddaughters, joined her sisters in England, and in 1825 was married to the Marquis of Wellesley, elder brother of the Duke of Wellington. The Marquis was an elderly widower of sixty-five, and had acquired distinction as a soldier, statesman and orator. As the Earl of Mornington he had been Governor-General of India, and for his splendid services in that position was created Marquis of Wellesley. At the time of his marriage to Mrs. Patterson, neé Caton, the Marquis was the Lord-Lieutenant or Viceroy of Ireland, thus making his bride not only the Marchioness of Wellesley, but also "the American queen of the Irish Court," said to have been "more splendid than the court of George IV, where there was no queen." While the Marchioness of Wellesley was thus presiding over Dublin Castle, her grandfather, Charles Carroll, of Carrollton, had become the last survivor of the signers of the Declaration of Independence. On the Fourth of July, 1826, John Adams and Thomas Jefferson died, leaving Charles Carroll the only survivor. At a banquet given at Charleston, S. C., on the following Fourth of July, Bishop Eng-
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land proposed as a toast, "Charles Carroll, of Carrollton,-in the land from which his father's father fled in fear, his daughter's daughter reigns a queen."
These granddaughters of Charles Carroll, of Carrollton, had no chil- dren, but Americans may justly be proud of them, not only for their beau- ty and accomplishments, but because "among the notorious women who disgraced the court of George IV, they stand out in brilliant contrast in all the sweet enchantment of purest womanhood." (Harper's Magazine, Vol. LXI, p. 489.)
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APPENDIX F. THE WORK OF OUR CHURCH ON CARROLL'S MANOR. 1758-(circ.) 1790.
The first land taken up in the southernmost portion of Frederick County was by Charles Carroll, the father of Charles Carroll, of Carrollton, and was known as Carrollton Manor, or Carroll's Manor, by which name this part of the District (Buckeystown) is still designated. Carroll's Manor originally contained 15,000 acres, and embraced a wide extent of extremely rich and fertile territory, extending from the Catoctin mountains and the Potomac River on the west and south to the high ground and Manocacy on the east. Squire Carroll's own family seat was another "Carroll's Man- or" in Howard County, still known by that name; but the Carroll's Manor or Carrollton Manor, in Frederick County, which Charles Carroll, of Car- rollton, inherited from his father, was much more productive than the one in Howard County. As late as 1840 the greater portion of Carroll's Manor in Frederick County was in the hands of descendants and collateral branches of the Carroll family, two of the owners being the Marchioness of Wellesley, and Mrs. Harper, Charles Carroll's daughter Catharine. The revenues of the latter, from the rent of her portion of the estate, amounted to $8000 a year. (Scharf's History.)
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