USA > Maryland > The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations > Part 100
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But a more important objection has been made to this document of the deci- sion of the lords commissioners in favour of lord Baltimore. It has been denied, that any such decision or report of the said commissioners, or "committee of foreign plantations," ever existed. In the bill in chancery filed by the Penns, in the year 1735, against the then lord Baltimore, to compel a specific perform- ance of an agreement before then entered into, between these two proprietaries, relative to the bounds of their respective provinces, it is stated, that shortly after Mr. William Penn had obtained his patent for Pennsylvania, which was in the year 1681, (1682, N. S.) he also purchased of the duke of York, (afterwards James II.) the three lower counties, (now Delaware state,) and that a contro- versy arising thereupon, between these two proprietaries, concerning the bounds of the province of Maryland, on the side next to those counties, the lord Balti- more (Charles, son and heir of Cecilius,) preferred his petition to the king in council concerning the same, which petition was some time in May, 1683, "re- ferred to the consideration of the then committee of trade and foreign plantations, (which committee did then consist of lords of his majesty, most honourable privy council, ) and before the said committee, the said lord Baltimore and your orator's father (William Penn) and their counsel learned in the law, were many and divers times heard for near two years and a half together, and a very long suit and trial were had thereon between your orator's said father and the then lord Baltimore, touching the right and title to the said land and soil of the said three lower counties." The bill then proceeds, after stating the order in council thereupon, (which was, in substance, to divide the peninsula between them,) to a distinct allegation relative to the foregoing report of the lords commissioners of 1638, as follows :- "And your orators further show unto your lordship, that during the said contest in the years 1683, 1684, and 1685, the said then lord Bal- timore, upon the eighth of October, 1685, produced to the then committee of
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trade and plantations, in order to serve himself, an authentic, blank, fictitious paper, not pretended to be signed or sealed at all, but drawn up in the form of the draft of a report and order of the committee of foreign plantations, and sup- posed to be made on the fourth of April, 1638, touching differences between some lord Baltimore and one Mr. Clayborne, about the isle of Kent, in order to show that former boards' pretended opinion touching the lord Baltimore's right to the isle of Kent, and the then said committee of trade and plantations in 1685, put off the matter, and gave the said lord Baltimore time to procure an attested copy of such pretended report or order in 1638, which the said lord Baltimore undertook to procure, but, nine days after, the said lord Baltimore declared in person to the said committee of trade and plantations, namely, on the 17th of October, 1685, that he could not find the original; whereby an attested copy might be procured, neither, as your orators charge, is there any authentic book or office, where any original or authentic copy may be found or had, but the said blank paper was a mere fiction."*
Unprovided as we are with any authority to disprove this allegation in the be- fore mentioned bill, and not being able to procure lord Baltimore's answer there- to,t we are left to rest the authenticity of the proceedings and order in council of 1638, as before stated, on that kind of evidence which depends upon concomi- tant circumstances. That Clayborne made resistance to lord Baltimore's pos- session of the isle of Kent; that from superior military force he was obliged to fly to Virginia; that he was there demanded by commissioners from Maryland ; and that the governor of Virginia thought it proper to send him, or permit him to go home to England for the investigation of his rights and pretensions ; all seem to be facts well authenticated by the historians of Virginia. There is every probable circumstance, therefore, to warrant the presumption, that he made the application by petition, as before stated, to the king in council for a redress of his wrongs. If then he did actually prefer his petition before men- tioned, some proceedings must have been had upon it. If such proceedings took place, it is to be presumed, that no order in council was ever made in favour of his claim, or else he would immediately have availed himself of such order, by returning to the possession of his islands and settlements, and such order would have appeared in form. But this not being the case, and the report of the com- missioners appearing of a directly opposite nature, there are strong grounds to suppose that such their report, as exhibited, was "authentic," although no "ori- ginal" could be found, "whereby an attested copy could be procured." That the king finally ratified this report of the lords commissioners, must be inferred from the foregoing proclamation of the governor of Virginia; who, without doubt, never would have issued such a proclamation, unless commanded so to do by some order of the king in council to that purpose. The difficulty which lord Baltimore experienced in the year 1685, in his endeavours to find the "original" of this report or order of 1638, seems to be, in some measure, accounted for since, by the success of Mr. Chalmers, in his researches in the plantation office, whereby he was enabled to present to the world, an authentic copy of the re- port, filed according to his quotation, among "Maryland papers, vol. 1, bundle C," but bearing the date of "4th of April, 1639," instead of 1638. This bundle might have escaped his lordship's notice, or the search of the proper officer. But the paper, of which Mr. Chalmers has given us a copy, is most probably that "original," with the variance only in its date, a circumstance not now to be easily accounted for.
*Taken from a MS. copy of the bill in my possession.
t I have not been able to find any copy of lord Baltimore's answer to the before mentioned bill in chancery, filed by the Penns in 1735, among the records of Maryland. A copy of it might be pro- cured from England, which would throw much light upon the history of the dispute between these two proprietaries.
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NOTE (XIV.) p. 76.
Writ of attachment against the goods and chattels of Clayborne and his part- ners, in the isle of Kent; from the provincial record book, entitled, "Council Proceedings from 1636 to 1657," p. 35.
Cecilius lord proprietary, &c., To the sheriff of our isle of Kent, greeting : Whereas William Clayborne, late of the isle of Kent, and his partners William Cloberry and David Morehead of the city of London in the kingdom of Eng- land, merchants, have jointly usurped our said isle of Kent, and since the abso- lute lordship and proprietary of the same isle granted to us by his majesty's charter under the great seal of England, and since the promulgating of the said charter within our province, have notwithstanding continued and maintained the said usurpation ; and the said William Cloberry and David Morehead, both by letters, messages, and otherwise out of England, have encouraged and as- sisted the said William Clayborne to commit sundry insolencies, contempts, and rebellions against our lawful government of the said island, and have by sundry supplies of men, arms, and other commodities ministered succour and means to the said William Clayborne to defend and maintain the said island against our said just right and title, and to drive a trade with the Indians of our province, contrary to our royal right and privilege therein, and thereby put us to great ex- pense and charges for maintaining our said just rights and privileges, and for repressing their sundry attempts to the infringing and overthrowing thereof, if it had been in their power, and, by their coopers and servants sent out of Eng- land to that purpose, have felled down divers of the best timber trees for making of pipe staves upon our said land, and have otherwise trespassed and committed waste upon the same, to the great disturbance of the peace of our said province, and to our damage of £1000 sterling. Therefore, we do hereby command and authorize you to attach all or any the pipe staves or other goods and chattels whatsoever of the said William Clayborne and his partners within the said isle of Kent, and at the time of the said attachment to cite or summon publicly the said William Clayborne and his partners William Cloberry and David More- head, that they appear in person or by attorney at some county court held at St. Mary's before the first day of February, which shall be in the year of our lord 1639, there to make answer to such trespasses, wastes, misdemeanors, contempts, and seditious practices, as our attorney shall have to charge them with on our behalf; and if at the making the said summons or proclamation, or within fif- teen days after, any one shall offer to bail the said goods, by putting in sufficient security to the value of the said suit, you shall, by virtue hereof, take recogni- zance to our use, and thereupon release the said attachment; and if no bail be offered within the time limited, we do hereby appoint and authorize you to cause so many of the said goods and chattels attached, whereof there shall be any danger of impairing or a necessity of present disposal thereof, to be praised to their present best value upon the place by two skilful and honest neighbours in- differently chosen, and to cause the said appraisement to be given in upon oath of the said appraisers to our commander of the said island, and by him to be entered upon record, and thereupon to deliver, to our use, the said goods and chattels, so praised and recorded, to our receiver general, his deputy, or assigns, he or they first putting in sufficient security to answer and satisfy the full va- lue of all such goods as shall be by them received as aforesaid to the said Wil- liam Clayborne and his partners, when they shall enter their appearance in our said county court, within the time aforesaid limited and appointed for their ap- pearance .- Given at St. Mary's the 2d of January, 1638."
NOTE (XV.) p. 76.
I find the following entry made in the oldest record book in the council cham- ber, (Maryland,) entitled, "Council Proceedings from 1637 to 1644."
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" 13th May, 1638 .- Entered by Cyprian Thoroughgood for Mr. Thomas Cop- ley,-100 wt. of beaver traded for with the Indians, since the 10th of February to this present day." Several entries besides, of contracts for beaver, appear in the records about this date. From some proceedings of the Virginia Company in London about the year 1621, (as stated by Stith, p. 197, and quoted in Burk's Hist Virg. (vol. 1, p. 222,) it would seem, that the Virginia colonists had not, prior to that time, opened any trade of much importance with the Indians for peltry, and that it was then first suggested to the company, from some informa- tion received by them of the profitable trade of that sort carried on by the French and Dutch in the northern parts of America. This is easily accounted for by reflecting, that the furs of all northern climates are much superior, and indeed more plentiful than those of the southern.
NOTE (XVI.) p. 78.
The following extract from Beverley's History of Virginia, (B. 3, ch. 12,) is kere inserted, as being explanatory of what we have mentioned in the text.
" Of the treasure or riches of the Indians.
The Indians had nothing, which they reckoned riches, before the English went among them, except peak, roenoke, and such like trifles made out of the Cunk shell. These passed with them instead of gold and silver, and served them both for money and ornament. It was the English alone, that taught them first to put a value on their skins and furs, and to make a trade of them.
" Peak is of two sorts, or rather of two colours, for both are made of one shell, though of different parts ; one is a dark purple cylinder, and the other a white ; they are both made in size and figure alike, and commonly much re- sembling the English buglas, but not so transparent nor so brittle. They are wrought as smooth as glass, being one-third of an inch long, and about a quar- ter diameter, strung by a hole drilled through the centre. The dark colour is the dearest, and distinguished by the name of Wampum peak. The English- men that are called Indian traders value the Wampum peak at eighteen pence per yard, and the white peak at nine pence. The Indians also make pipes of this, two or three inches long, and thicker than ordinary, which are much more valuable. They also make runtees of the small shell, and grind them as smooth as peak. These are either large, like an oval bead, and drilled the length of the oval, or else they are circular or flat, almost an inch over, and one-third of an inch thick, and drilled edge ways. Of this shell they also make round tablets of about four inches diameter, which they polish as smooth as the other, and some- times they etch or grave thereon circles, stars, a half-moon, or any other figure suitable to their fancy. These they wear instead of medals before or behind their neck, and use the peak, runtees, and pipes for coronets, bracelets, belts, or long strings hanging down before the breast, or else they lace their garments with them, and adorn their tomahawks, and every other thing that they value.
" They have also another sort, which is current among them, but of far less value; and this is made of the cockle shell, broken into small bits with rough edges, drilled through in the same manner as beads, and this they call roenoke, and use it as the peak.
" These sorts of money have their rates set upon them as unalterable, and cur- rent, as the values of our money are.".
What is said by Colden in his "History of the Five Nations," (p. 3.) may be eited in further illustration of this subject .- "Wampum is the current money among the Indians : It is of two sorts, white and purple ; the white is worked out of the inside of the great conques into the form of a bead, and perforated to string on leather; the purple is worked out of the inside of the muscle shell ; they are wove as broad as one's hand, and about two feet long; these they call
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belts, and give and receive them at their treaties, as the seals of friendship ; for lesser matters a single string is given. Every bead is of a known value, and a belt of a less number, is made to equal one of a greater, by so many as is want- ing, fastened to the belt by a string."
This Indian coin, or money, appears to have been in use not only, as we have seen, among the Indians of Virginia, and the Iroquois, or Five Nations to the northward of New York, but with the Indians also inhabiting the banks of the Delaware. Proud, in his Hist. of Pennsylvania, (vol. 1, p. 133,) mentions, that "in the year 1672," (prior to Penn's charter and purchase, ) "the inhabitants of New Castle and Hoarkill, being plundered by the Dutch privateers, were permitted by the government at New York," (under whose subjection the set- tlements on the Delaware then were,) "in reparation of their losses, to lay an imposition, to the value of four guilders, in wampum, upon each anker of strong rum, imported or sold them." As Indians would probably be the greater consum - ers, it was, without doubt, intended to operate as a tax upon them. The historian further observes, that "wampum was the chief currency of the country ; of which, at this time, the Indians had carried so much away, that it was become scarce. To increase the value of which, the governor and council at New York, in the year 1673, issued a proclamation, which was published at Albany, Delaware, and other places." In a note hereto subjoined, he further explains, what is meant by wampum. "This is the Indian money, by them called wam- pum ; by the Dutch, Sewant. It is worked out of shells, into the form of beads, and perforated to string on leather. Six beads were formerly valued at a stiver ; twenty stivers made what they called a guilder ; which was about six pence currency, or four pence sterling. The white wampum was worked out of the inside of the great conques. The black, or purple, was formed out of the in- side of the mussle or clam shell. These, being strung on leather, are sometimes formed into belts, about four inches broad, and thirty in length ; which are com- monly given and received at treaties, as seals of friendship. Wampum has been long made by certain poor Indian families, at Albany ; who support themselves by coining this cash for the traders." See also Smith's Hist. of New York, p. 53.
It would seem, however, that the Indians, resident north eastward of the pro- vince of New York, had originally no knowledge of this sort of money or me- dium of trade. Hutchinson, in his Hist. of Massachusetts, (vol. 1, p. 406,) quotes the following passage from Hubbard. "The people of New Plymouth, in the year 1627, began a trade with the Dutch at Manhados, and there they had the first knowledge of wampompeag, and their acquaintance there with occasion- ed the Indians of these parts to learn to make it." Hutchinson from thence draws the inference, that "it is not probable the New England Indians had any instrument of commerce ; the English could not have been seven years among them without discovering it.
From Pikes expedition to the source of the Mississippi, (p. 86,) wampum ap- pears to be still in use among the Indians of that part of America; but it seems to be considered by them only as a traditional emblem of peace, handed down to them, by custom, from their ancestors. In the year 1806, a Chippeway chief presented to captain Pike a peace-pipe for him to bear to the Sioux, on which were seven strings of wampum, as authority from seven bands of the Chipeways either to conclude peace or to make war.
Whether the Indians, who occupied Maryland prior to our colonists, spoke the same language as those of the Powhatan confederacy in Virginia, we are not informed. It is certain, that the first English visitors have mentioned no re- markable difference between them, as to their customs and manners. That peak and roenoke passed as current money among the aborigines of Maryland, as well as those of Virginia, the following extracts afford undeniable evidence.
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From "Council Proceedings from 1636 to 1657," p. 20.
"Know all persons whom it concerneth, that I have and hereby do give free liberty and licence to Thomas Cornwaleys, esq., and one of the council of this province, to trade with any the Indians of this province for corn, or roenoke or peak, and the same to utter and sell to any of the inhabitants of this province, and no farther or otherwise. This licence to endure until I shall signify the contrary. In witness whereof, I have hereunto set my hand and seal this 30th of December, 1637. LEONARD CALVERT."
Also, the following license, from the same book, p. 32, but more correct in the old book, entitled, "Council Proceedings from 1637 to 1644."
"7th June, 1638. The bearer hereof captain Henry Fleete is hereby licenced to trade with any Indians for corn or roenoke to buy corn, either within this province of Maryland, or on any part of the southern shore below Patowmack town; Provided, that he bring the said corn into this colony, to be used and ex- pended in the colony.
JOHN LEWGER, Secretary."
"The same license granted to James Cloughton, July 9th."
The "southern shore" of the Patowmack must have been what is now deem- ed the Virginia shore of that river, and "Patowmack town" was what is now called Marlborough ; but we may suppose, that as that part of Virginia was not then inhabited by the English, it was not considered as any infringment upon the rights of the Virginians ; or, it is possible, that the Maryland government might have been authorized by that of Virginia to grant licences in such cases.
NOTE (XVII.) p. 78.
The following commission, (extracted from "Council Proceedings from 1636 to 1657," p. 30,) exemplifies those issued for the purposes mentioned in the text.
"Cecilius, &c., to our trusty Cuthbert Fenwick, of St. Mary's, gent., greet- ing :- These are to authorise you to question all persons, whom you shall find unlawfully trading within our province of Maryland, or shall find cause to sus- pect that they have traded or attempted to trade with the Indians without license from or under us first had and obtained, and the persons so offending, together with all such truck as you shall find with them, to attach and keep in safe cus- tody, until you shall receive further order therein from us or our lieutenant ge- neral. And whereas we are informed, that there is a wreck happened on the eastern shore within our province, we do further hereby authorise you to inquire and examine touching the said wreck, and whether 'any untimely death of any person hath happened therein, and by what means, and if you shall find any such wreck to have happened, to take an inventory of the vessel, wreck, and of all goods therein being or belonging to her, and the same to seize to our use, and deliver to our receiver-general forthwith upon your return to St. Mary's, and for so doing this shall be your warrant. Given the 26th of April, 1638."
The following, (extracted from the old thin book, entitled, "Council Proceed- ings from 1637 to 1644,") appears to be a return to the aforesaid writ or commis- sion.
"The report of Cuthbert Fenwick, taken the 8th of May, 1638.
Who saith, that inquiring after the boat, that was said to be cast away on the eastern shore, he learned, that it was the boat of one Rowland Williams of Ac. comack; and that he was killed by the Indians of these parts; and one other who was in the boat with him ; and he was told by the young king of Wirow- ammen, that it was the * -, or the -*- -, or both ; and that the king of Patuxent was within six miles of the place, where it was done, and that, within
* The names here are not legible in the record.
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two or three days after the slaughter, the said king hurried away the truck and boat to Patuxent."
A commission, similar to the former part of the preceding one, had issued in the February preceding to William Brainthwayte, "to seize vessels unlawfully trading with the Indians within the province, or passing through the same." See "Council Proceedings from 1636 to 1657," p. 27.
It is probable, that the men murdered in the boat, just mentioned, were unlaw- ful traders from Virginia.
NOTE (XVIII.) p. 78.
License to trade without the Capes.
"Cecilius, lord proprietary of the provinces of Maryland and Avalon, lord baron of Baltimore, &c., to all persons, to whom these presents shall come, greet- ing : Know ye, that we, for divers good considerations us thereunto moving, have given and granted, and by these presents do give and grant unto the bearer hereof, Thomas Games, mariner, full and free power, liberty, and authority, to pass and transport himself, and his vessel, out of our province of Maryland and through any parts thereof, to trade and commerce for corn, beaver, or any other commodities, with the Dutchmen in Hudson's river, or with any Indians or other people whatsoever being or inhabiting to the northward without the capes com- monly called cape Henry and cape Charles, willing and requiring the said Tho- mas Games not to sell or barter, or otherwise give or lend, any arms, powder, or ammunition, unto any Indian or foreigner. This license to continue in force for one year. Given at our fort at St. Mary's, 12th February, 1637."
From "Council Proceedings from 1636 to 1657," p. 26.
NOTE (XIX.) p. 83.
Commission to Sir William Russell, knight, and others. [Hazard's Collections, vol. 1, p. 373.]
Charles, by the grace of God, king of England, Scotland, France, and Ireland, defender of the faith, &c .: To our trusty and well beloved Sir William Russell, knight and baronet, Sir William Uvedale, knight, Sir Dudley Digges, knight, Sir John Wolstenholme, the elder, knight, Sir Sampson Darell, knight, Sir John Wolstenholme, the younger, knight, Sir Abraham Dawes, knight, Sir John Jacob, knight, Henry Garnway, of London, alderman, Anthony Abdy, of London, al- derman, John Latch, and John St. Almond, esquires, Isaac Jones, Marmaduke Royden, Robert Oxnick, John Slang, and Philip Burlamacky, of London, mer- chants, Edward Ditchfield, of London, merchant, Reuben Borne, and George Brumley, of London, grocers. Whereas, not long since, by our several proclama- tions, we have declared our royal pleasure concerning the importing of all sorts of tobacco growing upon our English plantations to the port of London ; with strict charge and commands to our several officers to see the same performed ac- cordingly ; and also have, for divers reasons expressed in the said proclamations, confirmed and renewed our straight commands, and directions, to all our justices of assize, our justices of peace, our mayors, sheriffs, and all other our officers of our several counties, in their several places, to be aiding and assisting to those we have and shall employ for the depressing and rooting out of all English tobacco lately planted and growing in divers places of our realm of England, and Ire- land ; which said proclamations being duly executed, will no doubt much advan- tage the benefit of the said foreign plantations, as also a better conformity in the orderly payment of our custom and impost usually paid us for the same, Yet having of late received credible information that many of the said planters re- siding upon the said colonies, have and are still likely to suffer under the burden of many oppressions occasioned by the secret and indirect trade of particular
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