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 86
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Origin of the famous navigation act.
In this place it may be proper to observe, that the trade of these colonies-Virginia and Maryland, was about to undergo a considerable revolution, as well as their political government had done. In a few days after the council of state of England had given their instructions, before stated, for the "reducement" of these colonies, the parliament, with the same view of bringing
* " Council Proceedings from 1636 to 1657," p. 280.
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about a rupture with the Dutch nation, proceeded to a measure, CHAPT. which has since called forth the eulogies of many modern writers. VI. 1653. It was for the more effectual promotion of a principle, often be- fore attempted by both James and Charles the first,-the mono- poly of the colonial trade, for the entire benefit of the mother country. It has been before observed, that the leaders in par- liament were desirous to commence a quarrel with the Dutch, probably for the purpose, as before stated, to diminish Crom- well's standing army, by calling the resources of the nation to naval expenditures. Different motives are said also to have ex- cited the different partizans in parliament towards this measure. The encouragement of English shipping, in preference to those of the Dutch, especially in commerce, was so plausible a pretext for this, that Cromwell could not well oppose it. As the freight of the shipping of the Hollanders was at a lower rate than that of the English, the English merchants were in the habit of mak- ing use of Dutch ships even for importing American products from the English colonies into England. The English ships meanwhile lay rotting in their harbours ; and the English mari- ners, for want of employment, went into the service of the Hol- landers. The parliament, therefore, with unusual good sense, though not from patriotic motives, except to quarrel with the Dutch and ruin Cromwell, on the 9th of October, 1651, enacted that famous ordinance, commonly called the navigation act. The substance of which was :-- "That no merchandize, either of Asia, Africa, or America, including also the English plantations there, should be imported into England in any but English built ships, and belonging either to English or English plantation sub- jects, navigated also by an English commander, and three-fourths of the sailors to be Englishmen."* Thus, by this act, which was made to commence on the first of December, 1651, the car- rying trade of the Dutch from the British colonies to their mo- ther country was entirely cut up ; and the before mentioned or- dinance of October 3, 1650, had before expressly prohibited all mercantile intercourse between the colonies and foreign states. It is apparent, that such measures could be calculated only for the benefit of the mother country. The free trade of the colo- nies with foreign nations, which, without doubt, would have been highly conducive to the growth and prosperity of such colonies,
* See this ordinance, stated somewhat more at large, in Holmes's Annals, vol. i. p. 354; who cites thereto Anderson, ii. 415, 416.
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CHAPT. was made, by an energetic republican parliament, to yield to the VI. sole interest of the parent state. We shall see hereafter, that the 1653. rational principle of a reciprocity of advantages between the co- lonies and their mother country, induced other statesmen to adopt and continue this measure, until their unfortunate final separation. It is to the credit of this republican parliament, however, that they had so much sense of justice towards these colonies as to endeavour to render to them some equivalent advantages in re- turn for this monopoly of their trade. In the year 1652, the same parliament passed an act "against planting tobacco in Eng- land ;" thus giving a legislative force to all the repeated procla- mations of James and Charles the first, for that purpose .* That these restrictions on the farmers of England were considered by them as public grievances, not merely on account of the illegal exertions of royal prerogative on this subject, but as an unne- cessary abridgment of the natural rights of freemen, may be fairly inferred, as well from the actual attempts in the reign of James the first to grow tobacco in England, but from an asser- tion of Sir Edward Coke, when a member of parliament, in a debate on public grievances in the session of 1621. "Never till within these forty years," said he, "was there any restraint made, other than by act of parliament, that a subject, being a freeholder, shall not plant what he list in his own ground."t It remains yet to be demonstrated by events still in the womb of time, whether a continuance of a reciprocity of such favours, from parent to child, would not have been more production of the happiness of the latter, than that unnatural hostility now sworn to be ever maintained against the former.
Hostilities appre- hended from the western shore In- dians.
From provincial documents, still remaining on record, it ap- pears, that considerable uneasiness and alarm were prevalent at this time among the colonists inhabiting the peninsula between the Patowmack and the Patuxent, on account of apprehensions of hostilities supposed to be meditated by the Indians, who re- sided on their immediate frontiers and within that peninsula. The governor and council, therefore, on the 23d of March, 1652, (1653, N. S.) "upon consideration of the danger from the In- dians," as stated by them, "ordered, upon Mr. Brooke's offer of employing one of his sons in the service, that the said Mr.
* Robertson's Hist. of Amer. vol. iv. (B. IX.) p. 238 .- Holmes's Annals, vol. i. p. 358.
¡ Chalmers's Annals, p. 49.
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Brooke's son and John Shanks, or one of them, be employed as CHAPT. intelligencers amongst the Indians living upon Patuxent river, to VI. discover concerning the Mathue Indians coming to trade amongst 1653. the Indians of Patuxent, and upon the said Mathue Indians' ar- rival there, with all speed, to give notice thereof to Mr. Brooke and Mr. Preston, who are, with all speed, to certify the governor thereof, that the forces to be appointed for the service, under the command of captain John Price, may thereupon march forth, to apprehend or destroy them, if it may be, and that it be left to the governor, who is desired to give direction for the appointing the forces for this employment. Also, a competent number to be of the trained band within St. Mary's, Charles counties, and Patuxent river, who may upon an alarm, as occasion shall re- quire, be ready to meet at some place of rendezvous, under the command of captain Price, or what other commander the gover- nor shall appoint, for the defence of the province." It appears, from captain Smith's first exploration of the Chesapeake, in the year 1608, that, on his entry into the Patuxent, he found three tribes of Indian's situated thereon, to wit, the Acquintunachsuah, the Patuxents, (from whom the river without doubt took its name, or vice versa, they from the river,) and the Mattapanients, these last also either giving or taking their name to or from a creek emptying into the Patuxent. These tribes dwelt more together, and were more civilized and hospitable, than any other tribes, whom he had seen. We have seen before, on the first settlement of the Maryland colony at the town of St. Mary's, that these Indians came there to visit the colonists on their first landing, and that one of their chiefs then made uncommon pro- fessions of friendship to the English ; which professions, it does not appear, that they ever contradicted by any subsequent con- duct extraordinary hostile towards the colonists. Nor does the preceding order of the governor and council intimate any suspi- cion now entertained of their friendly disposition. But these Mathue Indians, whose place of residence we have no sufficient information to determine, but who were expected on a trading visit to the Patuxents, must have been some distant tribe, of whose enmity the colonists had some well founded grounds of suspicion. It does not appear, however, from our records, that these Mathue Indians, at this time at least, actually commenced any hostilities on the colonists, nor does there remain any report of the "intelligencers," or spies, who were appointed to recon-
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CHAPT. noitre them. About the same time, and on the next day, (24th VI. of March,) in further precaution against these alarms, the gover- 1653. nor, it seems, thought it proper to pay some attention to the Indians on the other side of the peninsula, and accordingly, by a written order of that date, authorized Thomas Gerrard, esq., who resided in that direction from the seat of government, "to use the best means he could, to discover the designs of the said Indians, and for that purpose to raise what forces he should think fit, with whom, or otherwise, as occasion should require, he should repair to Porto-Back or Choptico, and (if he thought fit) either disarm or secure the persons of any of the said In- dians, till examination had touching the premises, or further order."* Of these alarms we have no further information. But, as connected with this subject, it may not be improper to men- tion in this place, that some jealousy or suspicion of the Indians on the Virginia side of the Patowmack had been, not long be- fore, manifested by the people of Maryland. This had induced the governor to issue a proclamation, dated August 9th, 1652, stating, that "whereas the Pocomoke Indians, and Matchoaticke, and divers other Indians on the south side of Patowmack river, take to themselves the liberty of hunting here in Saint Mary's and Charles counties, not only to the utter destroying of the game, and disturbance of the hogs and cattle, if not destroying them also, but by their insolencies not to be endured are like to bring great troubles to the inhabitants of this province, if not timely prevented; these are, therefore, in the name of the keep- ers, &c., strictly to prohibit every inhabitant, &c., to give any of the said Indians any entertainment, or to have any trade or commerce with them, &c., excepting any Indian cow-keeping youth."t That the Pocomoke Indians, alluded to in this procla- mation, were not Indians who resided on the Pocomoke river on the eastern shore, which in part forms the southern boundary between Maryland and Virginia, may be inferred from the ex- pression-"other Indians on the south side of Patowmack river." The Matchoatickes clearly appear to be the tribe stated by writers under the denomination of Matchotics, who resided in King's county, Virginia, and who, therefore, could with ease cross the Patowmack into Charles or St. Mary's counties in
* "Council Proceedings from 1636 to 1657," p. 281.
t Ibid. p. 254-5.
Į See Mr. Jefferson's Table of the Indian tribes, in his Notes on Virginia.
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Maryland, and commit the above mentioned "insolencies" with CHAPT. a probable prospect of impunity. The Pocomokes, above alluded VI. to, were, therefore, most probably some tribe of Indians in the 1653. northern neck of Virginia, and in the neighbourhood of the Mat- choatickes, with whom they associated.
Our sources of information, relative to the affairs of the pro- Affairs of vince, seem now to fail us for a considerable portion of the pre- sent year, from March to November. Contrary to the common Maryland. usage of the colonial trade to the Chesapeake, "no English ship- ping," it seems, had arrived within the province of Maryland during the spring and summer of this year. Consequently, as governor Stone states, he had received no instructions or intelli- gence to direct him in the government of the province. When we look back at the state of England at this period of time, we are at once presented with the most probable causes to account for this dearth of intelligence. In the first place, the Dutch war had raged with the utmost fury in every part of the English channel, from its first commencement in May of the preceding year to the present time. This alone would occasion considera- ble, if not a total, interruption to the sailing of any tobacco ships from the port of London to the Chesapeake. But a more influ- ential and important cause may perhaps be found in that extra- ordinary revolution in the government of England, which took place on the 20th of April in the present year, when Cromwell dis- solved the parliament, by marching a file of musqueteers into the house, and driving the members out before him :- the most use- ful political lesson, that was ever yet opened to mankind on any page of history. The officers of the army, through Cromwell's instigation, had presented a petition to the house, which, it seems, was not proceeded upon in the manner they wished or expected. They had expressed in it some disagreeable truths :- as, that this long parliament had sat long enough ;- that it was time for the republican principle of a rotation in office to be attended to ; and that the supposition of the house,-of the officers having acquired sufficient estates in the plunder of the late civil war, so as to enable them to do without any further compensation for their revolutionary services, was such as they would not put up with. They therefore authorised their general, (exactly as he wished,) to turn them out of doors ; which he executed, with- out doubt, with a great deal of pleasure ; though, as he said, "it was what he had earnestly with tears besought the Lord not to
England in relation to
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CHAPT. impose upon him." Pretending that God, in his providence,
1653.
VI. had thus thrown the whole right as well as power of government into his hands, he afterwards, on the eighth of June, by the ad- vice of his council of officers, sent a written summons, under his own hand and seal, to about one hundred and forty persons of different towns and counties of England, Scotland, and Ire- land, to meet at London on the fourth of July next ensuing. Upon these, when assembled on the day appointed, by his sole act and deed, he devolved the whole authority of the state. Among the fanatics of this convention, or parliament, as they denominated themselves, was one Praise-God Barebones, a lea- ther seller in Fleet-street, London, who was an active member, and much noted for his long prayers, sermons, and harangues. From the ridiculous name of this prominent personage the as- sembly obtained, even at that time, the appellation of Barebones' parliament, and has been ever since so distinguished by histo- rians.
During the existence of this parliament, however, notwith- standing the contemptible character which most historians have given it, a transaction relative to Maryland took place therein, which ought not to be passed unnoticed. It is stated by a co- temporary writer, whom we have frequently before cited,* that " the pretended authority of the commissioners," (Bennett, Clay- borne, and Curtis,) " for reducing of Maryland, was urged here in England by colonel Matthews, agent for the said Mr. Bennett and the colony of Virginia, when his" (Matthews's) "petition was debated before the committee of petitions of the late par- liament, which began in July, 1653, and was by that committee dismissed." From this we collect, that Mr. Bennett had, prior to the meeting of this parliament in July of this year, he being then governor of Virginia, appointed colonel Samuel Matthews to be agent for that colony in England, as also, agreeably to the above expression, for himself on account of his conduct as one of the commissioners in the "reducement"' of Maryland. It is to be inferred from these contests in England before the state authorities there, relative to Maryland, that lord Baltimore had appealed to those authorities against the conduct of the above mentioned commissioners, for their "reducement" of Maryland, without any special order for that purpose, as he contended. "This measure, of referring the "reducement" of Maryland to
* Langford's " Refutation of Babylon's Fall in Maryland," &c.
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the final decision of the supreme power in England, was to have CHAPT. been expected from the terms, on which governor Stone reas- VI sumed his office of governor, as before stated, to wit, that he, 1653. together with the others before named, might "reserve and save to themselves their oaths to the lord proprietary, until the plea- sure of the state of England be further known." It would seem also, that colonel Matthews, being now agent, not only for the colony of Virginia generally, but particularly in behalf of Messrs. Bennett and Clayborne, two of the before mentioned commis- sioners for the "reducement" of the colonies on the Chesapeake, had presented his petition on their behalf to the above mention- ed committee, and that these two last mentioned commissioners were now residents in Virginia, the one as governor, the other as secretary thereof. Whether these contests before the state authori- ties in England, between lord Baltimore and the commissioners had commenced prior to the dissolution of the long parliament on the 20th of April last, there is no evidence; but if so, the business nevertheless appears to have been renewed before the committee of this parliament of 1653, and, as stated by Mr. Langford, "was by that committee dismissed." The dismission of a petition of- ten implies a rejection of the prayer of that petition ; and such was the construction of it in this case by lord Baltimore's friends, as Mr. Langford, in a sentence immediately subsequent to that last quoted, plainly intimates. The conduct of the commission- ers in their "reducement"' of Maryland would, therefore, appear from this to have been disapproved of by this committee at least, if not by the parliament of 1653. But it is proper to state here, that this allegation of the rejection of Mr. Matthews's petition by the committee of petitions, as above mentioned, was after- wards positively denied in a document entitled, "a paper rela- tive to Maryland," which appears to have been drawn up, in the year 1656, by Mr. Bennett and Mr. Matthews conjointly, they being both then in England on business, as we may sup- pose, relative to both the colonies of Virginia and Maryland ;* wherein they express themselves thus :- " Whereas it is said, that the committee for petitions, in the time of the little parlia- ment,t rejected the petition of colonel Matthews concerning the
* This "Paper" is at large in Hazard's Collections, vol. i. p. 623; but the reader will find it also at the end of this volume in a note to be subsequently re- ferred to.
+ This "little parliament" could have been no other than the "parliament which began in 1653," referred to by Mr. Langford as before stated. Lord Cla- rendon calls it the "small parliament."-See his Hist. (folo. edit.) p. 643.
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CHAPT. lord Baltimore, it is not so ; they were so far from slighting the VI. same, that they looked upon it as too high for them, and there- 1653. fore ordered the business to be transmitted back again to the council of state, as more proper for their consideration, as by their order may appear."
It is possible, that Mr. Langford might have mistaken "the transmission of the business back again to the council of state" for a dismission of it altogether. But in truth, considering the ephemeral existence of these two tribunals, the little parliament and Cromwell's council of state in 1653, there could have been little difference between such transmission and a final dismission ; for, according to some historians, this little parliament becoming sensible and tired of their own contemptible existence, but more probably, according to others, through the crafty contrivance of Cromwell, surrendered up, on the twelfth of December in the same year, all their powers and authority back again to him, who had made them a parliament, having existed only about five months. With them must have been annihilated also the coun- cil of state, and a final period put to all such proceedings as were then before them ; and consequently to the business of the "re- ducement," if it ever came before them .*
Notwithstanding these important transactions had thus taken place in the mother country, no intelligence thereof, or at least no orders in consequence thereof, appears to have been transmit- ted to or received in Maryland until the latter end of the present year. This circumstance may be clearly inferred from the rea-
* It is remarkable, that there is considerable contradiction in the English histo- ries, as to the existence of council of state during the convention of 1653. Ra- pin, (Tindal's edit. vol. 11. p. 71,) states, that when Cromwell dissolved the long parliament on the 20th of April, 1653, he "named a council of state, which go- verned the kingdom, with no other right than what was derived from the officers." But lord Clarendon, (who was a cotemporary historian, and although then on the continent, yet had good information of all important passing events in England, being then the king's chancellor of the exchequer,) expressly affirms, that when Cromwell issued his summons on the eighth of June to the different persons who were to constitute the parliament of 1653, he did it with the "advice of his council of officers, for he made yet no other council of state."-Hume is totally silent as to any other council than the council of officers ; and Tindal, the continuator of Rapin, and who wrote subsequently to Hume's. History of the Stuarts, is also si- lent as to the appointment of any council of state, although he has added, by way of Appendix to Rapin, a very minute account of the convention of 1653, extracted from Ludlow's Memoirs, and the Parliamentary History. It would seem, therefore, that there was then no other council of state than the council of of- ficers ; who probably had more important matters to attend to than the "reduce- ment" of the colonies.
O
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sons assigned by governor Stone in a proclamation issued by CHAPT. him, on the seventh of November, 1653; the principal purpose VI. of which was merely to adjourn or postpone the holding of a 1653. provincial court to the tenth of January following. His reasons for this measure are thus expressed .- " Forasmuch as no neces- sity appears of holding a general court* so soon," (as the time, to which it had been before adjourned,) "no English shipping being yet arrived here, and that, for divers reasons relating to the public welfare, it were requisite, (if please God it may so hap- pen,) that we received some directions out of England touching the government here before a general court."} It is probable, that the litigation between the lord Baltimore and the commis- sioners for the "reducement" of his province, had commenced prior to the late dissolution of the parliament on the twentieth of April, and that that event, as well as the fury of the Dutch war before mentioned, had occasioned the delay of the intelligence so anxiously expected by governor Stone. The petition of Mr. Matthews was now to be decided by the parliament which com- menced in July, or by the council of state, which decision or dismission, if it ever took place, was probably protracted to a period too late for the arrival of any intelligence thereof by No- vember.
It does appear, however, that lord Baltimore in England had issued certain instructions to the governor of his province in the early part of the present year, bearing date the 17th of Februa- ry, 1652, (1653, N. S.) No copy of these instructions now ap- pears on the records, and the substance of them is to be collect- ed only from references to them in subsequent documents. When they were received by governor Stone, is not to be exactly as- certained. From his expressions in the proclamation last stated, of November seventh, it would seem, that they had not arrived before the date of that instrument.
It is nevertheless certain, that governor Stone must have re- Proceed- ceived these instructions in or before the early part of the suc- ings of go- ceeding year, 1654, N. S .; for, in consequence thereof, he pro- Stone, re- vernor ceeded, on the seventh of February, 1653, (1654, N. S.) to a very important measure, which became the ostensible and al- lands, and leged cause of the civil war in the province, which shortly after- wards ensued. To carry these instructions into effect, he issued
lative to patents for issuing of. writs. 1654.
* This is an uncommon instance of the use of this term in the records. The supreme court of the province was usually styled the provincial court.
t " Council Proceedings from 1636 to 1657," p. 291.
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CHAPT. a proclamation, of the date last mentioned ; in the commence- VI. ment of which he takes care specially and expressly to state his 1654. authority for so doing. "According to the special direction and appointment of the right honorable Cecilius Lord Baltimore, &c. These are in his the said lord proprietary's name to give notice and declare to all and every the inhabitants of this province, and others, whom it doth or may concern, that whereas his said lord- ship understands, that divers persons inhabiting in this province have not sued out their patents in due time for the lands which they clayme to be due unto them here, nor have taken the oath of fidelity, (as they ought to have done, ) according to his lordship's conditions of plantation, whereby they clayme such land. Yet his lordship, out of his good affection to them, is not willing to take such advantage, as he justly might, thereupon against them, without giving them first fair warning, by this proclama- tion, of their error therein, but is contented, that all such per- sons, who clayme any land due unto them respectively by vir- tue of his lordship's condicons of plantation dated the second day of July, 1649,* shall, notwithstanding their said default, have the said lands granted unto them, as if no such default had been made. Provided always, that they doe respectively, with- in three months now next ensuing, take the said oath of fidelity according to his lordship's declaration bearing date the sixth of August, 1650,t and his instructions, bearing date the 17th of February, 1652,¿ and also, within the said time make their rights to the said lands appear to his lordship's secretary here, and sue out their patents, and pay to his lordship's receiver general here, or his sufficient deputy, all such arrears of rent as are due to his lordship for the said lands respectively from the time such patents ought, by the said condicons to have been sued out by them respectively, and also pay unto his lordship's offi- cers here such fees as of right belong unto them respectively for
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