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 84
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Commis- Mr. Bennett and Mr. Clayborne, having thus provided for sioners re- themselves honourable, and perhaps profitable, stations in Vir- Maryland ginia, returned to Maryland again, about the latter end of June, turn to again. to make a more satisfactory settlement of the government of that province also. It is remarkable, that both the governors of Maryland, as well as of Virginia, when these commissioners took those provinces out of their hands, had acquired, by their highly correct conduct in their offices, as we may presume, ex- traordinary popular favour with the inhabitants of each of their provinces. It was so much so with Mr. Stone, that, according to the statement of the commissioners themselves, in the order for the settlement of the government of Maryland, which they were now about to make, it was the manifest "desire of the inhabitants, that captain Stone should reassume his former place of governor," As the settlement of the government, on the
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29th of March, as before stated, was a temporary measure only, CHAPT. the commissioners felt themselves at liberty to re-organize the VI. government of Maryland according to those expressed wishes 1652. of the inhabitants. It would seem, that a kind of excuse, or salvo jure, was invented, in order to justify captain Stone in his alteration of mind respecting his acceptance of the office of go- vernor upon the same terms as first proposed to him; that is, as the commissioners state it, in their proclamation for that purpose, on the 28th of June, that he, and Mr. Hatton as secretary, were left out of office, on the settlement of the government on the 29th of March last, "upon some misapprehension or misunder- standing, as they" (captain Stone and Mr. Hatton) "allege, in that particular of issuing out writs and all other process what- soever, in the name of the keepers of the liberties of England by authority of parliament;" and that captain Stone was "con- tent to reassume his former place," &c. on condition, that he might "reserve and save to himself, as also to the aforesaid Mr. Thomas Hatton, Robert Brooke, esqr., and captain John Price, their oaths made to the lord Baltimore, lord proprietor of this province, until the pleasure of the state of England be further known." If the reasoning assigned by governor Stone, when he first rejected the proposals of the commissioners, on the 29th of March, was well founded, to wit, that they could not change the style of the writs, &c., without an infringement of lord Bal- timore's proprietary rights, which would be a violation of their oaths of office, it is difficult to conceive, how they could now agree to such alteration of the style of writs and the process, and still reserve and save to themselves their oaths to the lord proprietor, even though it should be temporary, until the plea- sure of the state of England could be known. From subsequent circumstances it may be conjectured, that captain Stone, upon more mature reflection, thought it best for the lord proprietary's interest, and perhaps for his own, to temporise a little with the commissioners, and to reassume his office of governor on the terms proposed. Accordingly, two of the commissioners, Rich- ard Bennett and William Clayborne,* with the advice and con- The go- sent of the council and others the inhabitants," as they state, reinstated vernment issued their order or proclamation, bearing date the 28th of by them in captain
June, 1652, "that captain Stone, esqr., be the governor, and Stone, &c.
* Captain Curtis, being a sea faring man, must have sailed from America by this time ; for we do not see his name affixed to any further document on our records.
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CHAPT. Mr. Thomas Hatton, Robert Brooke, esqr., captain John Price, IV. Mr. Job Chandler, colonel Francis Yardley, and Mr. Richard 1652. Preston, be the council for this province, who are to govern, or- der, and direct the affairs thereof in all matters according to their former power, and the order or proclamation aforesaid." Thus, two of the gentlemen of the former council, created on the 29th of March last, were now left out, to wit, captain Ed- ward Windham, and lieutenant Richard Banks, and Mr. Tho- mas Hatton, (who was also secretary of the province,) and cap- tain John Price, put in their places. For this alteration our do- cuments furnish no assigned cause. The rule of conduct pre- scribed to the governor and council, by the last expression in the above clause of the order, to wit, "according to the former power, and the order aforesaid," must have meant, that the go- vernor and council were to act in all things according to their former commissions from the lord proprietary, except perhaps, that instead of the oath of allegiance to the king, the engage- ment was to be taken, and that (agreeably to the present order) all writs, process, &c., should for the future issue in the name of the keepers of the liberty of England, and not in that of lord Baltimore as heretofore. The commissioners conclude their proclamation with a supplementary order, very much to the cre- dit of governor Stone :- "And since the government is so set- tled, as is known to be, to the good liking of the inhabitants, it is conceived, for that and several other reasons, that there is no ab- solute necessity of a general assembly at present." It will be recollected, that, by the order or proclamation of the commis- sioners, of the 29th of March last, the council, thereby erected, were "to summon an assembly to begin on the 24th of June next coming." No evidence appears, from either the records or otherwise, that such assembly ever met or were summoned. What those "other reasons" were, besides the popular restora- tion of governor Stone, referred to by the commissioners, for the prorogation of the assembly, we are no where informed. Perhaps one of them might be, that the colony was considered to be in too perturbed a state for the deliberations of a legisla- tive body .*
After so much disturbance in Maryland, as had heretofore taken place in relation to captain Clayborne's claim to the isle
* See this last mentioned order or proclamation, of the 28th of June, 1652, at large, in note (LXXXII.) at the end of this volume.
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of Kent, it would naturally be inquired, what his conduct and CHAPT. proceedings were, relative thereto, now when he had arrived to VI. be one of the sovereigns of the province ? But, in this respect, 1652. Clay- borne's our documents seem to disappoint us in the desired information. In a treaty with the Susquehannock Indians, which will be pre- claim to sently exhibited, it is expressly stated, that the isle of Kent and the isle of Kent. Palmer's island belonged to captain Clayborne; and no other recognition of his ownership thereof occurs to our search. It will be presently seen, however, that immediately succeeding to this last settlement of the government of Maryland, on the 28th of June, that the government or civil authority within the isle of Kent was subordinate and amenable to that of the province at St. Mary's, the provincial seat of government. Hence, it is to be inferred, that the only change on the present occasion ex- perienced by the inhabitants of the isle of Kent, different from the rest of the province, was, that they were to pay their quit rents to captain Clayborne instead of lord Baltimore, and that he should for the future have the right of granting lands therein in- stead of his lordship, (though of this we have no evidence,) but that in all other respects, they were to be subject and amen- able to the provincial government, as now settled and establish- ed under the commonwealth of England. As Mr. Bennett and Mr. Clayborne seem to have left the government of the pro- vince, after it had been thus organized, entirely under the man - agement of governor Stone and the council, and Mr. Clayborne's name does not appear shortly again in any matters whatever re- lative to the government of the province, until the year 1654, we may suppose, that he returned soon after this last settlement of the government of Maryland to the duties of his office of secre- tary of state in Virginia. We find Mr. Bennett, however, im- mediately afterwards, and, as it would seem, before his return to Virginia, engaged in two important public transactions of the province, appointed thereto, with others of his Puritan brethern on the Severn, by governor Stone and the council, who had just entered on the duties of their offices.
"At a court held at Saint Mary's, the 28th day of June, anno domini, 1652, being the first sitting of the court after the altera- tion of the government, the same day-Present, William Stone, esqr., governor, Mr. Thomas Hatton, secretary, Robert Brooke, esqr., col. Francis Yardley, Mr. Job Chandler, Mr. Richard Preston."
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CHAPT. VI. From this caption of the record and the date thereof, it will be seen that governor Stone and the council, just appointed, 1652. must have entered on the duties of their offices immediately af- ter the preceding organization. It may be here remarked also, that in perusing the early part of the provincial records, it fre- quently occurs, that the political state transactions of the pro- vince are recorded as the proceedings of a court of justice in- stead of those of the executive branch of the government. This resulted from an imperfection in the government, in plac- ing the duties of the executive and judiciary branches in the same body of men. The supreme provincial court of law and equity was composed, by virtue of all his lordship's commissions hitherto sent, of the governor and council for the time being, who frequently on one and the same day, without rising, acted in their judicial as well as executive capacities ; and hence the erroneous blending of their powers, by the recording clerk, is easily accounted for. This will appear from the nature of the two transactions of the governor and council at this time, thus stated as done at the holding of a court.
" Whereas this court is informed, that the Susquehanna In- dians have a long time desired and much pressed for the con- clusion of a peace with the government and inhabitants of this province, which, as is now conceived, may tend very much to the safety and advantage of the inhabitants here, if advisedly effected : It is, therefore, ordered, and the court doth hereby give full power and authority unto Richard Bennett, esqr., Mr. Edward Lloyd, captain William Fuller, Mr. Thomas Marsh, and Mr. Leonard Strong, or any three or more of them, whereof the said Richard Bennett, esqr., to be one, at such time and place as they shall think convenient, to consult and treat with the said Susquehanna Indians, and by the use of all lawful and fit- ting means, (if they can,) to conclude a league and peace, on the behalf of this government and the inhabitants thereof, with the said Susquehanna Indians, so as the peace, safety, and ad- vantage of the inhabitants here may be, (so far as in them lies,) thereby advanced, settled, and preserved."
The above named gentlemen, except Richard Bennett, esqr., who must have been now considered as a resident of Virginia, being governor thereof, and here only in his capacity of commis- sioner, were all inhabitants of the new Puritan settlement on the Severn, recently called Ann Arundel, formerly and soon
A treaty with the Susque- hanock Indians.
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again called Providence. They must have immediately, or with- CHAPT. in a day or two after the preceding authority was given to them, VI. entered upon the execution of their diplomatic duties; for, on 1652. the fifth of July next following, a treaty was held, and articles agreed upon by them, with the Susquehanocks, "at the river of Severn in the province of Maryland;" to which place Mr. Bennett had most probably gone, not only for the special pur- pose to which he was delegated by the present provincial go- vernment, but also to pay his friendly visit to his Puritan breth- ren, whom he had planted there with so much care.
The first article of this treaty, containing matter of great in- terest and curiosity even at this day, deserves particular animad- version :
"First, that the English nation shall have, hould, and enjoy, to them their heires and assigns for ever, all the land, lying from Patuxent river unto Palmer's island on the westerne side of the baye of Chesepiake, and from Choptank river to the northeast branch which lyes to the northward of Elke river on the east- erne side of the said baye, with all the islands, rivers, creeks, -*- fish, fowle, deer, elke, and whatsoever else to the same belonging ; excepting the isle of Kent and Palmer's island, which belong to captain Clayborne. But nevertheless, it shall be lawful for the aforesaid English or Indians to build a house or fort for trade or any such like use or occasion at any tyme upon Palmer's island."
The limits assigned, by this treaty of cession from the Sus- quehanocks, to the southern part of the western shore of the bay, being probably as far southward as they claimed, to wit, from Patuxent river, is some corroboration of what has been herein before stated; that the dominions, over which the empe- ror Powhatan of Virginia reigned, extended from James river to the Patuxent. It will be recollected, that when the Maryland colonists first settled in St. Mary's, in the year 1634, the Sus- quehanocks were said to be then waging a cruel war upon the Indians of that peninsula between the Patowmack and the Pa- tuxent, particularly on the Yoamacoes. Powhatan, on account of the distance of this part of his territories from his seat of go- vernment was probably unable to protect them. The arrival and settlement of the Maryland colonists on that peninsula was highly agreeable to the Indians there, as it seemed to promise to
"There is a blank here in the record.
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CHAPT. afford to them, as it actually did, considerable protection from VI. the incursions of the Susquehanocks. But although the extent 1652. of this cession from south to north on the western coast or shore of the bay is ascertained with sufficient precision, yet its west- ern limits towards the Allegany mountains seem to be quite in- definite, nor is there, probably, any evidence, to be obtained at this day, of the extent of the territories claimed or possessed by the Susquehanocks towards the more western parts of Mary- land. The extent of the cession on the eastern shore, to wit, from the Choptank to the north east river in Cecil county, seems to imply, that the Susquehanocks had by this time subdued all the intermediate tribes on the eastern shore between the north east river and the Choptank, or that these tribes between the north east and Choptank, had incorporated themselves with the Susquehanocks. At the time of the first exploration of the Chesapeake by captain Smith, in the year 1608, the Susque- hanocks and the Tockwocks, appear to have been in illiance with each other for the purpose of resisting the Massawomecks or Five Nations, who had come down the Susquehanah to at- tack them. How the Susquehanocks came to a right to cede the territory formerly owned by those intermediate tribes, is not easily to be ascertained. This right was most probably acquir- ed either by conquest or incorporation ; by the former most pro- bably, if the conjecture be well founded, that the Indians settled on the south shore of the Choptank, called in the act of assem- bly of 1669, "the Choptank Indians," were a remnant of some one of these intermediate tribes, who had been driven there by the Susquehanocks, some time previous to this treaty of cession of 1652.
It will occur also, by an inspection of the maps of Maryland, that a small portion of territory, lying between the before men- tioned north east river in Cecil county and the Susquehanah river, was by this treaty reserved by the Susquehanocks. For what purpose, except that of more conveniently carrying on their traffic in peltry brought down the Susquehanah by them, does not appear. The reservation, which they made in the treaty, of a right "to build a house or fort for trade" on Palmer's island, seems to strengthen this supposition ; and from this reservation also it may be inferred, that few or no inhabitants had as yet ever permanently seated themselves on Palmer's island, whether it belonged to lord Baltimore or Mr. Clayborne; and that Sir
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William Berkeley had never carried his intentions into execu- CHAPT. tion of fixing settlements on that island for traffic as before men- VI. tioned. In regard to the isle of Kent, although the exception of 1652. that island in this treaty of cession is sufficient proof, that Mr. Clayborne claimed that island, and that although he does not appear to have been engaged in the treaty, and was perhaps in Virginia at the time, yet his friend Mr. Bennett had been suffi- ciently mindful of his interests.
The remaining articles of the treaty seem to have been calcu- lated principally for the future preservation of peace, and for the prevention of any rupture between the contracting parties; and it was provided, that in case of a rupture, "twenty days warn- ing thereof, and delivering up of this writing," should be given beforehand .*
The other important transactions referred by the provincial Com- court, "held at St. Mary's on the 28th of June," as before men- plaints against tioned, to the same gentlemen before named, who had been ap- captain pointed to negotiate the treaty with the Susquehannocks, related as com- Vaughan, to certain complaints, which had been made by the inhabitants mander of of the isle of Kent and others against captain Robert Vaughan, Kent. the isle of commander of the said island, "for divers misdemeanors and abuses in the execution of his office and otherwise." What these misdemeanors and abuses were, the order does not specify ; but proceeds to state, that "no course having been hitherto taken in the due examination thereof, for the satisfaction of the said inhabitants, who have several times attended this court for that purpose to their great charge and trouble,t and the said captain Vaughan not now appearing according to expectation; It is therefore, by the governor of this province, with the advice of the council, for avoiding of further charges and trouble to the said inhabitants in attending this court again at so great a dis- tance upon this occasion, thought fit and so ordered, "that the matter complained of be referred to the hearing, examination,
* See this treaty at large in note (LXXXIII.) at the end of this volume.
t From this it would appear, that these "misdemeanors and abuses" had been of long standing. Mr. Vaughan had been commander of the isle of Kent ever since his appointment by commission of the 18th of April, 1647, confirmed by another commission, by lord Baltimore himself, of the 12th of August, 1648. On a quarrel between him and governor Greene in November of the same year last mentioned, he had been removed by the latter, but in a month afterwards, on the 11th of December, was restored by governor Greene on his humble sub- mission for his offence, as has been herein before stated.
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CHAPT. and determination of the persons before named,* or any three or VI. more of them, whereof the said Richard Bennett, esqr., to be 1651. one, who are hereby desired and authorized at such time and place, as they shall think fit for that purpose, to call the said captain Robert Vaughan before them, and if, upon the hearing and examination of the matter, they shall see cause for it, to re- move him from his said place of commander of the said island, as also to appoint and constitute the said Mr. Thomas Marsh,} or some other fitting and able person, to the said place or of- fice of commander of the said island, who is hereby in that case by the said governor, with the advice aforesaid, as fully authoriz. ed for that purpose as any other commander of any other coun- ty within this province, till further order to be taken herein."}
Whether Mr. Bennett and the other commissioners, hereby appointed, ever proceeded to any hearing or examination of these complaints against captain Vaughan, it does not appear. It seems from a subsequent document of the 18th of December next following, that captain Vaughan was then still commander of the isle of Kent; from which the most probable inference is, that no inquiry into his conduct by these commissioners ever took place.
Hostilities of the east- ern shore Indians.
Although the preceding treaty of cession of the greater por- tion of the eastern shore of the province from the Susquehan- ocks might have been supposed to have guaranteed a peaceable and quiet possession thereof, especially to the white inhabitants of the isle of Kent, the only part of the eastern shore where any attempts at settlements as yet appear to have been made, yet the records of the province exhibit for this year most lamentable accounts of the murders, house-burnings, and robberies commit- ted by the Indians upon the inhabitants of that island; and some of these injuries must have been done subsequent to the before mentioned treaty. There seems to be grounds, for conjecture, however, that these depredations upon the inhabitants of the isle of Kent were committed by the Nanticoke Indians, joined per-
* Meaning the commissioners "before named," who had been appointed to treat with the Susquehannocks.
t A gentleman of the name of Thomas Marsh, who died about the middle of the eighteenth century, owned a large landed estate on the isle of Kent nearly opposite to the mouth of the Severn. He was probably a descendant of the above Mr. Thomas Marsh.
¿ These proceedings of the provincial court, of the 28th of June, 1652, were taken from the book entitled "Council Proceedings from 1636 to 1657," p. 256.
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haps with those of Wicomoco in Somerset. By the treaty just CHAPT. .VI. 1652.
mentioned, the Susquehanocks limited their cession on the east- ern shore southward by the Choptank ; thus leaving the territo- ries of the Nanticokes and the Wighcomocoes, in the present counties of Dorchester and Somerset, unaffected by their grant. But the Nanticokes were at this time full as powerful as the Susquehanocks, having sustained less diminution by fewer wars, and would not hold themselves bound by any treaty of peace or cession made by the latter. It is possible also, that the other Indians of the eastern shore, that is, those tribes dwelling with- in the limits of the territory ceded, to wit, from the northeast branch at the head of the bay to the Choptank, comprising the Tockwocks, Osinies, and perhaps those Indians subsequently denominated "the Choptank Indians," were discontented at this cession of their country, and had received unusual excitement therefrom. Be this as it may, the inhabitants of the isle of Kent deputed Mr. Philip Conner, Mr. Thomas Ringgold, Mr. Henry Morgan, and Mr. John Philips, to go to St. Mary's, with a petition to the governor and council,* setting forth, "that, whereas formerly there had been by the eastern shore Indians one murthered, and now of late one shot, another killed and stript near to his own house, all of them inhabitants of this island and subjects of this province, a dwelling house and much goods burned, as is conceived, by Indians, to say nothing of the continual trade of killing of hogs, they are so emboldened, these murthers being past by, and being so well furnished with gun-powder and shot, that they come about our houses night and day, so that larums and disturbances are occasioned weekly, nay daily, so that some are so dreaded and affrighted, they have .. left their plantations, and many are resolved to desert the island."+ "We are also informed, that the eastern shore Indians have great store of powder and shot, and many guns, not only in what they formerly bought, and have taken in captain Gugens his wreck, but they have not long since taken a Dutch sloop with guns, besides very much powder and shot, so that they are
* From this circumstance it is to be inferred, that the isle of Kent, notwith- standing Mr. Clayborne's claim thereto, still remained "subject" to the provin- cial government at St. Mary's.
{ If there were but twenty men in the island in the year 1648, and the fort then pulled down, as has been before stated from a cotemporary writer of that year, (see before, p. 419,) it is probable, that they were not much stronger in the present year 1652; and consequently but illy able to resist the Indians.
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CHAPT. very strong, bold, and insolent ;*- the premises considered, the VI .: petitioners humbly crave, that his worship and the council would 1652. be pleased to seriously weigh and consider their deplorable con- dition, and take some speedy course for the suppressing of those heathens, and avenging of guiltless blood, and the preservation of their lives, with their wives and children."
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