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 61
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" 6thly. The treaties and overtures with the governor and pro- vince of Maryland, requiring time for maturing, and very suc- cessful in the bay of Chissopiack.
"7thly. The settling of peace and friendship with the Indians by mutual capitulations and articles, agreed and concluded on in writing, by many messages and interruptions lengthened."*
The former or sixth article, as above, is involved in some obscurity; especially as no such "treaties," or "overtures" thereto, of any kind, prior to or at this time, appear on our re- cords. It is possible, that a proposal by the governor of Mary- land to the governor of Virginia, that the latter should assist the former in checking the hostilities of the Maryland Indians, might form the ground-work of, or "overtures" towards, a treaty of alliance offensive and defensive between the two provinces against the savages ; but no treaty or basis thereof, except the letter just mentioned, appears among our records. As this letter throws some light on our provincial transactions of this date, it is here inserted at large.
" Copy of a letter written by our governor to the governor of Virginia.
" HONOURED SIR,-The knowledge I have of your most dili- gent and provident care of the general good and safety of all his majesty's subjects committed to your charge, and the affection you have to ours of this province your neighbours and fellow subjects, makes me confident to present unto you the necessity, which the barbarous massacres committed formerly upon John Angood and four others of his majesty's subjects in his company belonging to your colony, and now lately again upon eight more belonging to this province, together with the burning and rob-
* See this document at large in Burk's Hist. of Virg. vol. 2, p. 64.
1642.
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CHAPT. bing of their houses, hath drawn both upon yourself and me III. [the necessity*] of setting forth an expedition against the said 1642. Indians, for the vindicating of the honour of our nation, and also to deter the like outrages upon us for the future. For which purpose I have desired this gentleman, colonel Trafford, to present my requests unto you for the aid of one hundred men, furnished and set forth, fitting for the service, from you out of your colony, to be with me at the isle of Kent, where I have ap- pointed our rendezvous on the first of October next, where I will have in readiness one hundred more, if this province will be able to afford them with the safety of those that must be left at home in their houses. Sir, the first harm was yours from the foresaid Indians, which I was desirous to have revenged, had I been able, being nearest to the habitations of them, (as I formerly have done upon the Nanticoke Indians, for the death of one Rowland Williams of Accomack, before the joint expedition made by both colonies.) Since we have received this last mis- chief, by reason yours by Angood's death and his company was no sooner punished, therefore I doubt not, but you will appre- hend the necessity, which our general safety for the future requires, that it be no longer deferred, but put in execution with all the speed that may be, to which I will not fail to add what help I can from hence. This gentleman, colonel Trafford, will be able to inform you of all things, that you shall desire to know concerning it from hence. His worth and abilities are known unto you, wherefore give me leave to refer you to him, and rest your faithful friend to serve you,
"From St. Mary's, 23d August, 1642. 5 LEONARD CALVERT. ""
From an expression in the foregoing letter, we might infer, that a "joint expedition" against the Indians had been made on a former occasion by both colonies before the one now proposed ; but our records afford no other evidence of it; nor do they in- form us, whether the aid now asked of Virginia was ever ren- dered. The government of Maryland continued to make exer- tions for its own defence. A fort had been erected at or near the Patuxent, in the neighbourhood of which, it seems, were
* These words in brackets are not in the record, but appear to be necessary to make the sense complete.
t See this letter in the book entitled, "Council Proceedings from 1636 to 1657," p. 64.
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HISTORY OF MARYLAND.
several scattered settlements of the English. Mr. Henry Bishop, CHAPT. who had before this received injury from the Indians of Patux- III. ent in plundering his live stock, was entrusted with the command 1642. of the fort in that quarter, to which the colonists were directed to repair upon any alarm. A proclamation was also issued by the governor, bearing date, August 28th, 1642, for the purpose, as it is expressed therein, "of reducing the inhabitants living weakly dispersed in several plantations to some places of better strength, in case of any sudden inroad of Indian robbers and pillagers." It was, therefore, commanded, "that no inhabitant of this colony presume (until further order or liberty in that behalf,) to discharge, or concur to the discharging of, three guns within the space of one-quarter of an hour upon any occasion whatsoever, unless upon mustering days, except there be rea- sonable occasion to make an alarm, and that every one, upon the sight of any Indians in any suspicious manner, without delay, use the best means he may to make an alarm by the dis- charging of three guns, and that every house-keeper, upon the hearing of an alarm, answer it by shooting off three guns, and that every house-keeper inhabiting in St. Michael's hundred, between St. Inigoe's creek and Trinity church, immediately upon the knowledge thereof, carry such women and children as are belonging to his family unto St. Inigoe's fort; there to abide for one month from the date hereof, unless liberty be sooner given to the contrary, and I do hereby command and authorise the sheriff of this county to take charge and command of all the persons able to bear arms within the division aforesaid, and to appoint six able men to keep guard in the said fort day and night during the time aforesaid, and I do further appoint and command, that the house-keepers of the other part of St. Michael's hundred, from Trinity creek southward, do carry their women and children to the house of Thomas Steerman, and that lieutenant Thomas Baldridge take charge of the said southern part, and keep guard in like manner as is afore appointed for St. Inigoes, and further that the house-keepers of St. George's hundred do carry their women and children to the house of Mr. Weston, and that George Pye take charge and command of the said hundred, and appoint and keep guard in like manner as is afore appointed for St. Michael's hundred, and that all several persons of the said several hundreds, able to bear arms, be obedient and assistant unto the said several persons respectively
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CHAPT. appointed to take charge and command thereof as aforesaid, as III. they will answer the contrary at their peril, and of all the several 1642. commands aforesaid I do hereby require every one to take notice so far as it may or shall concern them, upon the several pains as by martial law may be inflicted upon the contemners of an ordinance so much importing to the common safety."
The particular nations of Indians, against whom these prepa- rations of defence were now made, and from whom the colonists apprehended danger, seem to be specified in another proclama- tion issued by the governor in about a fortnight after the former, as follows :-
"By the lieutenant general .- These are to publish and de- clare, that the Sesquihanowes, Wicomeses,* and Nanticoque Indians are enemies of this province, and as such are to be re- puted and proceeded against by all persons. Given at St. Mary's, September 13th, 1642."}
In the midst of these embarrassments of the colony from Indian hostilities, our attention is unavoidably called off, in pur- suance of the order of time, to a new arrangement of the govern- ment of the province, by the arrival of new commissions, from the lord proprietary in England, both to the governor and his council, and in consequence thereof a new institution of the government.
* As to the Wicomeses, see the note before in p. 214.
t See these two last proclamations in the book, entitled, "Council Proceedings from 1636 to 1657," p. 66, 67.
CHAPTER IV.
The new commission for the government-An assembly called and meet- Their proceedings-Debate on the act "touching passes," or the right of emigration- Exemption of the governor and his servants from militia duty-Debate on the act " providing for officers"-The act " for the support of the government"- An act for the impressment of vessels, men, &c .- Intercourse with the Indians regulated-Colonists compelled to take patents for their lands- Perplexed state of affairs in the province-governor Calvert returns to Eng- land-Appoints Giles Brent, esq. to be governor in his absence-Exemption from military duty-Mr. Giles Brent qualifies as governor-Measures to repel the incursions of the Indians-Proceedings of the New Haven settlers on the Delaware-Instructions from the lord proprietary to governor Brent-Influ- ence of the civil war in England on the affairs of the province-An ordinance of parliament relative to the colonies-New instructions from the lord proprie- tary to governor Brent-Embarrassed state of the trade of the province-In- gle's rebellion-Hostilities with the Indians-Treaty with the Susquehanocks, proposed by Mr. Lewger-Disagreement of governor Brent thereto-Governor Calvert returns from England with a new commission-Some few variances between the new commission and the former-Perturbed state of the colony -- Attempt to call an assembly-Clayborne repossesses himself of the isle of Kent.
Although the government had been hitherto, since the year CHAPT. 1637, conducted under the authority of the lord proprietary's IV. commission of the 15th of April of that year, herein before fre- 1642. quently referred to ; yet many defects were obvious in that in- The new strument, and which evidently dictated an amendment therein. sion for the commis- Influenced most probably by such causes, and possibly also by govern- the representation of his brother-the governor, his lordship, ment. about this time, thought it proper to reorganize his government of the province by a new commission, which should remedy the faults and deficiencies of the former. Although this new com- mission is expressed at the end of it, as it now stands on the record, to have been -- "Given under our great seal of our said province of Maryland, at our fort of St. Mary's, within our said province, on the fourth day of September, anno domi. 1642," and immediately under it in the record book is subjoined a note, purporting that,-"The same fourth of September was the said commission published at the fort at St. Mary's ;" yet, as it must have been drawn and executed, under his lordship's hand and seal in England, where we may suppose he then resided, in the same form and manner as that of 1637, the real date must be
VOL. II .- 30
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HISTORY OF MARYLAND.
CHAPT. referred to some precedent time .* It will be necessary here, to IV. state only those material parts of this commission, wherein it 1642. varies from the former.t It commences with "revoking and de- termining all former commissions heretofore granted unto our dear brother Leonard Calvert, esq., or to any other person whatsoever for or concerning the government of our said province of Mary- land, and discharging all persons whatsoever from our council, who heretofore have been of our council there. Nevertheless, considering and well knowing that the people there cannot sub- sist and continue in peace and safety without some good govern- ment to be ordained and established," his lordship then proceeds to constitute his brother Leonard Calvert, esq., lieutenant gene- ral, chancellor, chief justice, &c .- In the clause, whereby pow- er is given to the lieutenant general to call assemblies, he is au- thorised "in the name, stead, and place of the lord proprietary to give assent and consent unto all such laws and ordinances as he, our said lieutenant general, &c., shall think fit and necessa- ry for the good government of our said province of Maryland, and which shall be consented unto and approved of by the free- men of the said province, or the major part of them, or their deputies to be assembled by him the said lieutenant general, &c., there from time to time for the enacting of laws within that pro- vince, provided that the said laws so to be assented unto by him our said lieutenant general, there in our name, be, as near as conveniently may be, agreeable and not contrary to the laws of England; every which law, we do hereby declare, shall be in force within the said province, till we or our heirs shall signify our or their disassent thereunto under our or their hand and seal, and no longer, unless after the transmission thereof unto us or our heirs, and due consideration had thereupon, we or our heirs shall think fit to confirm the same under our or their hand and seal."
A material variance will readily be perceived between the clause in the last commission of 1637, giving power to call an assembly, who were only to assent to such laws as should be propounded to them, and the clause to the same purpose in this commission of 1642, as above ; in which last, the right of ori- ginating laws, by any member in the house, seems to be ceded,
* From a reference in the commission to Giles Brent, of December 23d, 1643, (hereafter to be stated,) the real date of the above mentioned commission ap- pears to have been, November 18th, 1641.
The reader will find it inserted at large in note (LI.) at the end of this volume.
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HISTORY OF MARYLAND.
at least by implication ; subject however to a very inconvenient CHAPT. proviso at the end of the paragraph, by which the lord proprie- IV. tary reserves to himself the right of annulling such laws by his 1642. final disassent thereto. This paragraph seems to be a literal copy of his lordship's letter to his brother, of the 21st of August, 1638, on the same subject, as before stated .*
In the former commission of 1637, also, power was given to the lieutenant general "to call, adjourn, and dissolve assemblies;" without mentioning the power of prorogation, probably consider- ing the power of adjournment as synonimous to that of proro- gation. In the present commission "power was granted to the lieutenant to adjourn, prorogue, or dissolve the assemblies to be called." We shall see, however, this power of adjournment, hereby vested in the lieutenant general questioned at the next session of assembly.
Some alteration also took place uner this commission in the mode of appointing members of the council. Under the former commission three persons, particularly named therein, were spe- cially appointed by the lord proprietary himself "to be of our council of and within the said province." By the present com- mission power was granted to the lieutenant general "to pass under the great seal of the province commissions for authorizing such person and persons to be of our council there as we shall from time to time appoint by warrant or direction under our hand and seal."
The supreme court of justice, (commonly called the provin- cial court, consisting of the lieutenant general and the council,) was constituted or rather continued under the present commis- sion in nearly the same words and expressions, as those of the former.
The provision made in the former commission for appointing a deputy governor, in case of the "absence" of governor Cal- vert, was by this extended also to the case of his "death ;"' the unfortunate incident of which subsequently occurring, as we shall see, occasioned some embarrassment to the government.
In pursuance of the power vested in the lieutenant general, by the foregoing commission of the lord proprietary, of issuing a special commission for the purpose of appointing a council, one was passed, in the name of the lord proprietary, under the great seal of the province, bearing date the 5th of September,
* See before, p. 94-5.
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CHAPT. 1642, (the next day after the promulgation of the former, ) where- IV. by "colonel Francis Trafford, esq., Thomas Cornwaleys, esq.,* 1642. John Lewger, esq., William Blount, esq. and John Langford, esq., were assigned and appointed jointly and severally, to be of our privy council within our said province of Maryland."-The same commission contained also a clause appointing them and every of them "justices and commissioners for conservation of the peace within our said province," with power to issue war- rants for offenders against the peace, and to bind them over "to appear before our lieutenant general and the council," before whom were held both the provincial court of the province and the county court of St. Mary's. No assignment of power to them to hear and determine appears in this commission, for that power was vested in them as the council, by the preceding com- mission to the lieutenant general. }
On the same day of the last mentioned commission to the council, another issued to John Lewger, esq., "to be our secreta- ry of our said province of Maryland, and also judge of all causes testamentary and matrimonial within our said province ;" and "our principal officer and keeper of the acts and proceedings of us and our lieutenant general and council there for the time being, and of and for the entring and recording of all grants by us or our heirs to be made of any lands or offices within our said province, and for the entring and recording of all other matter, acts and things, which by any instructions, laws, or ordinances made or given or to be made or given for or concerning our said province, as also our collector and receiver of all our rents, rev- enues, and customs, and of all amercements, tolls, profits, and duties whatsoever already due or payable ; to hold the said offices during our pleasure."}
An assem- bly called.
It seems, from concomitant circumstances, that the arrival of the foregoing new commission from the lord proprietary in Eng-
* The following entry appears in the book, entitled, "Council Proceedings from 1636 to 1657," p. 68 .- " 16th September, 1642, captain Cornwaleys, esq. being demanded to take the oath of a councillor," (under the above commission it must be understood,) "absolutely refused to be in commission or to take the oath." We have no authority for forming even a conjecture of the motives of this gen- tleman in refusing to act as a councillor under this new commission. It is cer- tain, that he appears on a variety of occasions to have been much opposed to the proceedings of the governor.
t See this " Commission of the Council" in note (LI.) before referred to, at the end of this volume.
# See this commission in note (LI.) before referred to, at the end of this volume.
C
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HISTORY OF MARYLAND.
land had dictated to the lieutenant general the expediency of CHAPT. calling another assembly. For, on the 22d of August, about a IV. fortnight preceding the promulgation of the foregoing commis- 1642. sion, the governor issued his proclamation, "requiring all free- men inhabiting within the province to be at an assembly to be held at St. Mary's, on Monday the fifth of September next, either by themselves, or their deputies or delegates."-The assembly And meet. accordingly met on that day, on which day also the two last commissions issued, as we have just seen, for the new organiza- tion of the government, by the appointment of a new council and secretary. All the members present on this first day amount- ed only to eighteen, including the lieutenant general or governor. Notwithstanding it had been, to all appearance, permanently set- tled at the last session, by the order, afterwards enacted into a law, that "any ten members of the house, at any time assembled, at the usual or appointed time, (whereof the lieutenant general and six burgesses to be seven,) should be a house," yet this con- stitutional law of the last legislature, seems to have been now disregarded. For, it appears from the journal of this session, that one hundred and eighty-two persons, whose names are therein inserted, were entitled to seats in the house, of whom one hundred and six, including the eighteen above mentioned, ap- peared either "by themselves or their proxies," and the names of seventy-six are inserted, who were amerced 20 lb. tobacco each " for not appearing upon call by themselves or proxies." Sev- enty-three inhabitants of the isle of Kent, (included in the enumeration of the one hundred and six just mentioned, ) had appointed Mr. Giles Brent as their proxy .* What occasioned this departure from the representative principle established by law, we have no grounds to ascertain, unless it be that unhappy tendency, which power has, when vested in the populace at large, to occasion a species of intoxication, and to deprive them of a rational use of that liberty which is so essential to their happi- ness. That this was the case now in England, is demonstrated in history, and our colonists, as it seems from symptoms before ex-
* This affords some data for forming an estimate of the number of inhabitants of which the colony at present consisted. (Supposing the number (182) to have been heads of families, and counting five to a family, the colony would have consisted of about nine hundred inhabitants-men, women, and children ; of whom three hundred and sixty-five would be appropriated for the isle of Kent. Mr. Brent, (proxie for that island, ) was at this time lord of the manor of Kent fort, and probably resided thereon at or near what is called Kent Point.
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CHAPT. hibited and herein noticed, had largely imbibed those unfortu- IV. nate discontents.
1642. Their pro- ceedings.
One of the first subjects, which occupied the attention of the house, demands some notice here, on account of its importance as a constituent principle in the provincial government. We have before hazarded a conjecture, that the word "freemen," which so often occurs in the earliest proceedings of the province, and indeed in the charter itself, applied only to one who was a "freeholder."* This became a question at this session, as ap- pears from the following entry on the journal.
"Mr. Thomas Weston, being called, pleaded he was no free- man, because he had no land nor certain dwelling here, &. ; but, being put to the question, it was voted, that he was a freeman, and as such bound to his appearance by himself or proxie; whereupon he took place in the house."
The doubt expressed here by the member himself, that, not being a freeholder, he was not to be considered as a freeman, demonstrates at least, that some opinion to that purpose had been heretofore entertained in the province, and that the members of the house had been heretofore generally freeholders. Although, therefore, the house here expressly decided, that it was not ne- cessary, in order to entitle a freeman to a seat in the house, that he should be a freeholder; yet, from the temper of the times and irregular constitution of the house at this session as a legisla- tive body, much stress cannot be laid upon this legislative deci- sion of so doubtful a point.
Debate on the act "touching the right of emigra- tion. Another important question occurred on this first day of this session. An act of assembly had been passed at the last ses- passes," or sion, entitled, "an act touching passes;" which, although unim- portant in itself, was now productive of considerable discussion, involving two important principles; First, whether the lieuten- ant general, as president (or speaker,) of the house, could refuse to put a particular question to the house, moved for by any mem- ber; and secondly, how far the right of every inhabitant to de- part from the province might be restricted.
The act of the last session, which seems to have occasioned this uneasiness, was of the following tenor .- "No man, after the publishing hereof in the county, may, without pass from the chief judge of the county in commission for the time being,
*See before chap. I. p. 47-8, note.
t The chief judge of St. Mary's was the governor himself, and by a commis- sion in February, 1640, Mr. Giles Brent had been constituted chief judge, as
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transport any inhabitant out of the province, being indebted by CHAPT. judgment upon record, or another man's servant, or the party's IV. own servant, and indebted by judgment upon record, (except it 1642. be an apprentice,) or otherwise obnoxious to justice ; and a pass may not be granted to any one until he have set up a note at the usual place at the least five days before, (whereof one to be a Sunday or holy day,) signifying such his intent to depart out of the province: and if the party, of whom the pass is desired, know or be informed, that the party is indebted, or another man's servant, or the party's own servant as afore, or obnoxious to justice in some other county,* he may not grant a pass, till the party have obtained a certificate from the commander of the county, which may not be granted afore another like note there set up to the purpose, and in the manner as aforesaid, upon pain that the offender or offenders to the contrary shall make fine and recompense to the parties grieved. This act to endure till the end of the next assembly."f
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