Class __EA2l1 < J \ r % — GopyrightK?^ COPYRIGHT DEPOSIT. I) ULAN Y'S HISTORY OF MARYLAND. FROM 1632 TO 1891. PREPARED FOR THE USE OF SCHOOLS IN THE STATE. A MARYLAXDER. WITH NXIMERO I N II L I r S TEA TIONS: THIKl) KDITION. BALTIMORE: Wm. J. C. DULANY COMPANY. 1891. X 'V\ Fist <£if COPYRIGHT BT Wm. J. ('. DULANY COMPANY. is^l and 1891. TO ALLEN BOWIE DAVIS, ESQ., OK MONTGOMERY COUNTY, MARYLAND, F O It A LONG LIFE OF PRACTICAL USEFULNESS, SUCCESSFULLY DEVOTED TO THE WELFARE OF HIS FELLOW-MAN, AND THE ADVANCEMENT OF THE MATERIAL INTERESTS OF BOTH HIS NATIVE COUNTY AND STATE, KSl'K'T M.l.Y IN THEIR AGRICULTURAL, ME0HAN1CAL, AND EDUCATIONAL DEPARTMENTS, THIS ROOK llespcctfulli] .jjlcbitatcb, BY HIS FRIEND, THE AUTHOR. P RE FACE The study of history ought to begin at home, for it is well said that "charity begins at home," and it may be properly added that a knowledge of the history of our home is a charity bestowed upon us. / It is highly probable that the people of Maryland have a more extensive knowledge of the history of Greece, Rome, or England, and the characters of their leading men, than of the history of their own state and its hon- ored founders, who built for us, and consumed themselves on the altars of progress for our homes, our welfare, and glory. The history of Maryland is just as full of " philosophy teaching by example " as the history of any other state, and has hundreds of little episodes and anecdotes of thrill- ing interest, pleasing to youth and age, in the localities where they occurred. In this little work, the history of Maryland is not in- clined to the right nor to the left, but follows the record, administering justice to all — the aboriginal occupants of the soil, the European settlers, and the great masses of their children, dead and living. It is a documentary his- 6* PREFACE. lory of Maryland. Words of wisdom have been gathered from preambles to her laws, old and new ; from her ancient and modern records, her Indian treaties, and her revolu- tionary constitution. Beginning with a biographical sketch of the founder of the province, notices of some leading events in almost every year from 1633 to 1881 follow, and nothing of interest to the general reader is omitted. It is hoped, therefore, that the people of Maryland will find in it some valuable information, well calculated to give force to patriotism, state pride, and the love of virtue. CONTENTS CHAPTER I. 1632. Sir George Calvert, Founder of Maryland.— Made One of the King's Secretaries of State in 1619.— Elected to Parliament in 1620.— Made Lord Baron of Baltimore, February 20, 1624, by King James I.— The Charter of Avalon. —The Charter of Crcscentia, or Maryland.— Territory described.— Lord Baltimore dies, April 15, 1632— Cecilius, Second Lord Baltimore.— Leon- ard Calvert, First Governor of Maryland . . • Page 13 CHAPTER II. 1633-1634. The Ark of Avalon and the Dove.— They sail from the Isle of Wight for Maryland.— Lord Baltimore's Colonists on Board.— Stormy Voyage.— The Landing in "Pedkammok" River.— Savages on Shore.— Canoes Big as Islands.— Indians described.— Augusta Carolina.— Lands granted to Set tlen 18 CHAPTER III. 1634-1637. King Charles 1.— His Character.— Lord Baltimore and the Indians.— The First Legislature of Maryland.— Clayborne and the Isle of Kent.— Fort of St. Mary's.— Settlements along Patuxent and Potomac Rivers. . . 26 CHAPTER IV. 1637-1638. Troubles with Clayborne.— He petitions the King.— The Lord Archbishop of Canterbury. —Lord Baltimore's Charter and Clayborne's License in Conflict ,...••••• "" 8 CONTENTS. CHAPTER V. 1638-1640. Provincial Missionaries.— Indians embrace Christianity; — Troubles about Reli- gion and the Isle of Kent. — Governor Calvert sails for England. — Governor Brent. — Captain Richard Ingle. — Rebellion against Lord Baltimore.— In- gle's Raid on St. Mary's.— The Fort captured.— Provincial Records and the Great Seal carried off. — Great Seal described . . Page 36 CHAPTER VI. 1647-1649. Death of Governor Calvert. — Governor Greene. — Captain William Stone. — Proclamations of Pardon. — Captain Stone appointed Governor of Mary- land. — His Oath of Office. — Sixteen Laws proposed. — The New Great Seal. — The Legislature of 1649. — " Toleration Act " passed . . . 44 CHAPTER VII. 1649-1652. King Charles I. — His Trial and Execution. — The Puritan Revolution. — Troubles in Maryland. — Governor Greene's Proclamations. — King Charles II. — Oliver Cromwell. — Civil War in England. — Sir William Davenant. — Troubles in the Maryland Legislature . . . . .49 CHAPTER VIII. 1652-1658. The Indians in Maryland.— A Treaty of Peace. — Governor Stone and Captain Clayborne. — Cromwell's Commissioners in Maryland. — Governor Fen- dall .......... 57 CHAPTER IX. 1659-1684. The Legislature of 1659. — Fendall's Rebellion against Lord Baltimore. — Gov- ernor Calvert. — The Choptank Indians. — Death of Ceeilius, Lord Balti- more. — Charles, Lord Baltimore. — Council of Deputies . . 68 CHAPTER X. 1684-1696. Charles II. King of England. — The Duke of York. — Protestant Revolution. — William and Mary, King and Queen. — Convention of Protestants. — City of St. Mary's. — Royal Government in Maryland. — Governor Copley. — Death of Queen Mary. — St. Mary's County .... 7"> CONTENTS. 9 CHAPTER XI. 1696-1704. Provincial Schools.— Governor Nicholson.— Annapolis incorporated.— The State-house.—" Fountain of Healing Waters."— Rolling Roads.— The Indians.— Death of King William.—" Toleration and Ease."— State-house burnt Page 8 ' 2 CHAPTER XII. 1704-1716. Conspiracy against the Government of Maryland.— Counties Erected.— Joppa, in Baltimore County.— The Nanticoke Indians.— Tobacco a Currency.— Death of Charles, Lord Baltimore.— Governor Hart . . .92 CHAPTER XIII. 1717-1728. Settlements on the Potomac River.— Indian Names.— Governor Calvert.— Friends, or Quakers.— Towns in Maryland.— First Newspaper . 1<>5 CHAPTER XIV. 1728-1748. Baltimore Town erected.— Other Towns.— Boundary Disputes.— William Penn and Lord Baltimore.— Centennial of Maryland.— Lord Fairfax.— Lesser Seal of Maryland.— Towns erected.— Second Newspaper in Maryland.— Counties erected, etc. ...•••• I 13 CHAPTER XV. 1748-1763. Boundary Disputes.—" Old and New Style."— War Threatened.— Braddock's March through Maryland.— His Death and Burial.— Colonel Cresap and the Indians.— "Mound Builders" in Maryland . . -121 CHAPTER XVI. 1763-1775. Wars of 1763— Taxation in America.—" The Stamp Act."— Tax on Tea.— Death of Frederick, Lord Baltimore— The " Maryland Journal."— The Peggy Stewart destroyed . . • • • .132 10 CONTENTS. CHAPTER XVII. 1775-1777. The Kevolutionary War. — General Washington. — Maryland Troops. — The Maryland Line. — Battle of Long Island. — Charles Carroll of Carrollton. — The Great Seal of Maryland ..... Page 147 CHAPTER XVIII. 1777-1780. The Maryland Line. — British Troops in Maryland. — Colonel Smith. — Count Pulaski. — Arnold's Treason. — Baron DeKalb. . . . 160 CHAPTER XIX. 1781-1782. War in the South. — Maryland Line. — Colonel Howard. — Colonel Williams. — General Smallwood. — Thanks of Congress. — Washington College.— Schools. — Peace declared . . . . . .174 CHAPTER XX. 1783-1785. The Army disbanded. — Washington at Annapolis. — The Potomac Canal Com- pany. — George Town. — Ships and Shipping .... 185 CHAPTER XXI. 1785-1794. Governor Smallwood. — Baltimore enlarged. — Towns erected. — General Wil- liams. — Death of Thomas Stone. — Cumberland erected. — Turnpike Roads. — Governor Howard. — Washington City. — Braddock's Road. — Territory of Columbia . . . . . . . .198 CHAPTER XXII. 1795-1800. Insurrections. — Governor Stone. — Cokcsbury College. — Potomac Company.— Canals in Maryland.— Public Koads . . . ... 211 CONTENTS. 11 CHAPTER XXIII. 1800-1812. Governor Mercer.— The Plague in Maryland.— Education.— Colleges.— Gov- ernor Wright.— Monument to Washington . . . Page 221 CHAPTER XXIV. 1812-1811. War of 1812.— The Chesapeake blockaded.— Defense of Baltimore.— Invasion of Washington.— Battle of Bladensburg .... 231 CHAPTER XXV. 1811-1817. General Ross.— Invasion of Baltimore.— Battle of North Point.— Bombardment of Fort McIIenry.—F. S. Key— Star-spangled Banner . . 241 CHAPTER XXVI. 1817-1828. Troubles in Western Maryland.— Washington's Monument.— The Battle Mon- ument. —Great Turnpike Roads.— Chesapeake and Delaware Canal.— Flood in 1817.— William Pinkney . . . • • .247 CHAPTER XXVII. 1826-1828. Chesapeake and Ohio Canal.— The Fairfax Stone.— Travels in the Mount- ains. — Baltimore and Ohio Railroad ..... 255 CHAPTER XXVIII. is 1829-1810. Railroad to the Waters of the Ohio.— Adams and Jefferson.— Charles Carroll. —Two Hundredth Anniversary.— Logan and other Indian Chiefs.— Fort Cumberland.— The Meteoric Shower, etc. .... 261 12 CONTENTS. CHAPTER XXIX. 1840-1860. Constitution of Maryland. — Baltimore and Ohio Eailroad. — Harper's Ferry.— Governor Thomas ....... Page 271 CHAPTER XXX. 1861-1880. War of 1861. — Governor Swann. — Governor Bowie. — Constitution of 1887. — Public Schools. —Washington's Monument. — Public Buildings. — Parks. — The Great Seal.— Maryland in 1880 . . . . .279 CHAPTER XXXI. L 882— 1890. Population. — Fires. — Presidential Elections. — Standard Time. — Electric Light. — Earthquake Year. — Annexation of the "Belt." — Arbor Day. — ■ Johnston Flood. — Chesapeake and Ohio Canal. — Acts of Assembly. — Commerce of Baltimore ...... 393 THE HISTORY OF MARYLAND. CHAPTER I. 1632. Sir George < 'alvert, Founder of Maryland. — Made One of the King's Secretaries of State in 1619. — Elected to Parliament in 1620. — Made Lord Baron of Baltimore, February 20, 1624, by King James I. — The Charter of Avalon. — The Charter of Crescentia, or Maryland. — Territory described. — Lord Baltimore dies, April 15, 1632. — Ceeilius, Second Lord Baltimore. — Leon- ard Calvert, First Governor of Maryland. 1. George Calvert was born at a place called Kipling, in Yorkshire, England, in the year 1580. He descended from an ancient and noble house of that surname in the earldom of Flanders ; his father's name was Leonard Calvert, and his mother's maiden name was Alicia Crossland. 2. In 1593, he entered All Saints' College, Oxford, re- maining there four years. In 1597, he obtained the degree of Bachelor of Arts, and, in 1605, that of Master of Arts. 3. Having finished his studies at college, he made a tour of Europe, as is still the custom of young Englishmen of fortune. He returned to England during the reign of James I., and, in 160G, was appointed keeper of the writs, bills, records, and rolls within an extensive province of Ire- land. 4. A man of distinguished abilities, he was soon ele- l± THE HISTORY OF MARYLAND. vated to other positions of responsibility over rising young men of influential families. He was at length made clerk of the king's privy council, as well as keeper of the king's signet with which bis private letters are sealed, as also grants and other things which afterward pass the great seal. 5. In 1020, he was elected to Parliament, and subse- quently for a second term, where he maintained the rights of the king against the party who favored parliamentary power. Becoming a great favorite of King James, he ac- companied him on bis excursions, and, discharging all his duties faithfully, he was knighted in 1617, and became Sir George Calvert. 4- Sir is the title of a knight or baronet, which, for the sake of distinction, is always prefixed to his Christian name, either in speaking or writing to him. It is now in common use as a term of respect. 0. In 1019, Sir George succeeded Sir Thomas Lake as one of the king's secretaries of state, still advancing in position and securing the confidence of his sovereign by his fldelity and correct knowledge of public business. He con- tinued in this office until the death of King James, which >- occurred on the 27th of March, 1025, according to the Ju- lian Calendar,* or Old Style. On the 20th of February, 1024, Sir George was created Lord Baron of Baltimore, in the kingdom of Ireland, by King James I., and hereafter we shall know him as Lord Baltimore. In this year his lordship "freely confessed to the king that he was a Roman Catholic, so that he must be wanting in his trust, or violate his conscience, in discharging his office." He was, however, continued the king's privy councilor all his reign. 7. While he was secretary of state he obtained a char- ter from King James, granting to him the province of Ava- * Prior to January, 1*752, the Julian Calendar was in use in England. By this calendar, the year ended on the '24th of March, and New Year's dav came on the 25th of the same mouth. THE CHARTER OF CRESCENTIA, OR MARYLAND. 15 Ion, in Newfoundland, which was named after Avalon, in Somersetshire, England, so called from Avalonius, an an- cient monk. Uneasy at home, he resolved to retire to America, where he could enjoy the largest liberty of con- science. He purchased a ship, and, with his family on board, plowed the waves of the sea toward the cold island of Newfoundland. Finding that the climate there was not suited to the establishment of a prosperous colony, he abandoned the grant, and sailed to the coast of Virginia. He explored the Chesapeake Bay and its tributaries, and, fixing his eyes upon the beautiful rivers, inlets, and wood- lands on either shore, returned to England and obtained from King Charles I. a grant of the territory of Crescentia. 8. This territory is described as " all that part of a pen- insula in America, lying between the ocean on the east, and the bay of Chesapeake on the west, and divided from the other part by a right line drawn from Watkins' Point, in the aforesaid bay, on the west, to the main ocean on the east. Thence to that part of Delaware Bay, on the north, which lieth under the fortieth degree of north latitude from the equinoctial where New England is terminated. Thence in a right line by the degree aforesaid, to the true meridian of the first fountain of the river Potomac. Thence follow- ing the southwestern shore or bank of said river to its mouth, where it falls into the bay of Chesapeake. Thence on a right line across the bay to Watkins' Point, with all the isles and islets within those limits.'" 0. On the 15th of April, 1632, before the patent con- finning the grant of the territory of Crescentia to Lord Baltimore could pass the great seal of the realm of Eng- land, that distinguished nobleman died, in the fifty-third year of his age, and was buried in St. Dunstan's Church, Fleet Street, London. 10. Cecilius Calvert, eldest son of George, Lord Balti- more, deceased, was heir by the laws of England to his 10 THE HISTORY OF MARYLAND. father's baronial honors and titles, as well as to the greater portion of his vast estates, and he became the second Lord Baron of Baltimore in the kingdom of Ireland. 11. On the 20th of June, 1632, a charter for the terri- tory in America, which the first Lord Baltimore proposed to call by the name of Crescentia, passed the great seal in favor of his son, whom the king styled " our well-beloved and right trusty subject, Cecilius Calvert, Baron of Balti- CHAELE8 more in our kingdom <>f Ireland, treading in the steps of his father." The name of the territory Mas changed from Crescentia to Maryland. This was done in honor of Queen Henrietta Maria, daughter of King Henry IV., of France, whom King Charles, grantor of the charter of Maryland, married in 1625. 12. The charter reads that the territory granted is "in the parts of America not yet cultivated, though inhabited by a barbarous people," and it is provided that "the province LEONARD CALVERT, FIRST GOVERNOR OF MARYLAND ]y shall not be holden or reputed as a part of Virginia, or of any other colony, but immediately dependent on the crown of England." 13. At this time, one hundred and forty years had gone by since Columbus discovered America ; De Soto had dis- covered the Mississippi River ; the Pilgrims had landed on Plymouth Rock ; the English had settled at Jamestown, and the Dutch at New Amsterdam : it. was left to Lord Bal- timore to explore and settle the wilds of Maryland, " the home of savage beasts and still more savage men." 14. In 1633, Cecilius, Lord Baltimore, carried out the scheme of colonization contemplated by his honored father, the founder of Maryland. Invested with palatine* pow- ers, he matured plans to erect the vast region of country into a province, and issued his commissions in that direc- tion in the name and title of " Cecilius, Absolute Lord and Proprietary of the Provinces of Maryland and Avalon, Lord Baron of Baltimore." The powers* delegated to him in his charter gave him all the authority of a king in Mary- land. He drew up a constitution and form of a proprietary government for the province, so that it should not conflict with the terms of his charter or the laws of England, and appointed his brother, Leonard Calvert, lieutenant-general, chief governor, chancellor, commander, captain, magistrate, and keeper of the great seal. * Palatine,' or count palatine, a title anciently given to all persons who had any office or employment in the king's palace, but afterward conferred upon persons delegated by kings or princes to hold courts of justice in their provinces, and on such, among the lords, as had a palace, or a court of justice, in their own houses. CHAPTER II. 1 633-1 634. The Ark of Avaloii and the Dove— They sail from the Isle of Wight for Maryland. — Lord Baltimore's Colonists on Board. — Stormy Voyage. — The Landing in "Pedhainmok" River. — Savages on Shore. — Canoes Big as Islands.— Indians described. — Augusta Carolina. — Lands granted to Set- tlers. 1. On the 22d of November, 1633, the Ark of Ava- lon and the Dove, two ships of light tonnage, British regis- ter, sailed from the Isle of Wight in the English Chan- nel, with Lord Baltimore's colonists on board, destined for " Cinquack " or some harbor " near where the river Poto- mac disembogues into the bay of Chesapeake." 2. The landing, however, was to be ryade within a ter- ritory, " in the parts of America," compassed by the Chesa- peake on the east, Virginia on the south, and on the north by that part of the bay of Delaware that lieth under the fortieth degree of north latitude, and on the west by "the first fountain of the Potomac River." 3. A trackless waste of waters, three thousand miles in width, lay between the place of destination of those first colonists and their European homes, and an equally track- less wilderness of land lay before them. No steam palaces wafted these hardy pioneers across the wild and unknown waters, and no electric spark flashed intelligence of weal or woe to friends at home. 4. The colonist exiles himself from home and friends, and all the comforts and amenities of social life. He buries himself in the wilderness, where, by hardy toil, he carves STORMY VOYAGE. 10 out a- home, and prepares the way for less adventurous spir- its. He, in fact, immolates himself on the altar of prog- ress. 5. Lord Baltimore's pious colonists committed their ships to the protection of God, and left behind them the homes in which they had been born, to face the dangers of the great Atlantic Ocean. Their voyage was stormy and perilous. A violent storm arose, and the company on board the Dove, dreading its effects upon that small vessel, noti- fied the officers of the Ark that, if they were in danger of shipwreck, they would hang out a light from their mast- head. The storm continued without abatement, and in the middle of the night the crew of the Ark beheld with dis- may two lights suspended from the masthead of the Dove, but they were unable to render their comrades any assist- ance. The ships parted in the storm and the two lights disappeared in dreary darkness, f When the light of day broke over that long night, the storm still raged, and no traces of the Dove were visible on the waters. The noble little vessel was given up as lost. On the night of the third day, a sudden blast split the mainsail of the Ark from top to bottom, and the vessel was at the mercy of the waves. The colonists betook themselves to prayer, and before the prayer was ended, the violence of the storm began to abate, and hope succeeded despair. ,— (i. The Ark, after touching at several islands, finally ar- rived safely at the island of Barbadoes, on the 5th of Janu- ary, 1633, being the tenth month in the year according to the Julian Calendar ; and great was the joy when the Dove bore in sight, after a separation of six weeks. On the night of the great storm, she changed her course and took refuge in the Scilly Islands which lie about ten leagues southwest from Land's End on the coast of England. From these islands she sailed for the Great Antilles, where she safely arrived, and, joining company with the Ark, they sailed f 20 THE HISTORY OF MARYLAND. from Barbadoes on the 24th of January. They passed St. Lucia, Matalina, Montserrat, St. Christopher'Sj and other islands in the West Indies, coming- in sight of Old Point Comfort, in Virginia, on the 24th of February, next to the last month in the year 1683, according to the Julian Cal- endar, or the second month in the year 1634, according to the present English calendar. 7. The Virginians were hostile to -the designs of Lord Baltimore, yet the governor of the colony gave Governor Calvert and his company a kind reception ; and after a sojourn of ten days they steered for the mouth of the Po- tomac River, which in the language of some of the tribes of the six nations of American Indians was called the river PedhammoTc. This ancient name of the river appears to be prophetic of the arrival of Lord Baltimore's colonists on its waters ; for Hecke welder says the Indians told him that the name Pedhammok signifies " they are coming by water."" 8. Approaching the mouth of this river, the colonists saw for the first time the shores of Maryland. Wreaths of white smoke, curling in the distance, ascended above the tall pines of the forest, and betrayed the wigwam of the Indians. \ The mind contemplated the future, with its barns and dwellings bursting with plenty, and sumptuous ban- quets around richly laden tables in the western world. Mighty forests stretched out as far as the eye could reach ; the soil was rich and fertile, and the air sweet and balmy. 9. Along the river, messengers flew from one wigwam to another, carrying the strange tidings that canoes as big as islands in the river had brought as many men as there were trees in the forest. Council fires were kindled through- out the country, around which savage warriors and grave sachems hastily assembled ; groups of armed and painted natives appeared on the shore, and the colonists were for the first time brought face to face with the native savages. THE LANDING IN " PEDHAMMOK " RIVER. 21 10. In defiance of hostile demonstrations on the shore, the colonists landed on St. Clement's Island in the Potomac River, and soon satisfied the natives that their intentions were peaceful. Their land- ing was made on the 25th of March, being New Year's day, 1634, according to the Julian, or Old Style, Calen- dar. They took solemn pos- session of the soil of Maryland, erected a cross as the sym- bol of Christianity, and performed divine service, for the first time, according to the ceremonies of the Roman Catho- lic Church, of which a great number of the colonists were members. 22 THE HISTORY OF MARYLAND. 11. Governor Calvert ascended the Potomac to the mouth of Pisoataway Creek, and there met the Piscataway Indians, the most powerful tribe, perhaps, within the limits of Maryland, who, together with the Patuxents, exercised sovereignty over all southern and central Maryland. 12. On the Virginia side of the river, the governor and his party, sailing in the ship Dove, discovered an Indian village governed by a chief Archihu ; the king of the tribe being a small boy. Father Altham, a priest that came over with the colonists, being of Governor Calvert's party, preached to the Indians, and told them that the pale faces came not in the name of warriors, but to instruct them in Christianity, and the pursuits of peace and progress. The chief entertained his visitors courteously, and said, " My people shall hunt for my brothers, and all things shall be in common between us." 13. Arriving at Piscataway, five hundred painted Indian warriors appeared on shore to oppose the landing of the governor and his party. They, however, soon made the savages understand that the pale faces did not intend to make war upon them ; and the chief, at length, was in- duced to come on board the Ark or pinnace. He granted the colonists permission to settle within his territories, and Governor Calvert and his party returned to St. Clement's Island. 14. About this time the Potomac River was described as navigable to the distance of one hundred and forty miles, and fed, as other provincial rivers, by many tribu- taries from sweet springs which fall from the bordering hills. Many of the hills are planted, and yield no less plenty and variety of fruit than the river exceeds with abundance of fish. The river is inhabited on both sides. % 15. The colonists brought with them an account of some of the Indians of Maryland, who were described as such great and well-proportioned men as are seldom seen ; INDIANS DESCRIBED. 23 for they appear like giants to the English, yet seem of an honest and simple disposition. Their language appears to sound from them like a voiee from a vault. Their attire is the skins of bears and wolves ; sonic have garments made of bears' heads and skins ; the man's head goes through the neck of the skin, and the ears of the bear are fastened to his shoulders, the nose and teeth hanging down his breast. 16. Another bear's face, split behind it, showed at the end of the nose a paw hung down ; half sleeves coming down to the elbows were the necks of bears, and their arms were running through the mouth of the bear, with paws hanging at their noses. One Indian had the head of a wolf hanging on a chain for a jewel ; his tobacco pipe was three quarters of a yard long, handsomely carved with a bird, a deer, or some such figure at the great end, large enough to beat out one's brains. Another wore his hair long on one side, the other shorn close, with a ridge over his crown like the comb of a chicken. 1 lis arrows were one yard and a quarter long, headed with the splinters of a white stone in the form of a heart, an inch broad, and an inch and a half or more long. lie carried these arrows in a wolf's skin at his back for his quiver, his bow in one hand and his war club in the other. 17. Such were the strange people among which Lord Baltimore's colonists landed. They broke up old associa- tions, with ease and plenty at home, encountered the dan- gers of the sea during a five months' winter voyage, and landed on a shore dotted with the wigwams of savages. 18. Returning down the river from Piscataway, Gov- ernor Calvert, by the advice of Captain Henry Fleet, of the Virginia colony, who was making explorations on the Potomac River, settled his colony on St. George's River, about fifteen miles from the mouth of the Potomac. He explored the St. George's River upward to a spot about ^ THE HISTORY OF MARYLAND. twelve miles from its mouth, on which stood a village of the raocomico Indians. Calvert purchased from the In- dians this village with a large body of land around it, which he culled Augusta Carolina. On the 27th of March, 1634, the colonists, about two hundred in number, took formal possession of the purchase, and, settling on the site of the village, gave it the name St. Marie's. 19. The colonists respected the rights of the aboriginal proprietors of the soil, acquiring their land only by legiti- mate purchase ; and it may be here remarked that, in all the subsequent history of Maryland, no war of aggression was ever waged by her people against the Indians. •20. In the year 1634, Julian time, a portion of the wil- derness of Augusta Carolina, now St. Mary's County, was divided into grants, intended for actual settlers. Each claimant of land, according to Lord Baltimore's " conditions of plantation," was required to place on file, in the provin- cial land office, evidence in support of his claim. When examined and found correct, a warrant for a body of land was issued to the claimant, which he held until the land could be located and surveyed. When this was done, the warrant was surrendered by its holder to the commissioner of the land office, and a patent for the land was issued to the warrantee under the great seal of the province. "I would have you pass in freehold," writes Lord Baltimore to the governor of Maryland, " to every one of the first adven- turers that shall claim or desire it, and to their heirs, ten acres of land within the plots assigned, or to be assigned, for the town and fields of St. Marie's, for every person that any of said adventurers transported or brought into Maryland." 21. Patents for lands granted to settlers in the province were written on parchment, and impressions in wax from the silver dies of the great provincial seal were made and suspended at the distance of three or four inches below the lower margin of the documents. ABUNDANCE OF FISH. 25 22. The whole extent of the territory of Maryland was, at the time of its settlement, densely wooded, there being no open or prairie land in the province. The lands along the lower Potomac were described as the most healthful and pleasing in all the country, and as the most convenient for habitation ; the air, temperate in summer, and not vio- lent in winter. The river abounded in all manner of fish. The Indians in one night would coinmonly catch thirty sturgeons in a place where the river was not above twelve fathoms broad ; and the woods swarmed with deer, buf- faloes, bears, and turkeys. CHAPTER III. 1634-1637. Sing Charles I. — His Character. — Lord Baltimore and the Indians. — The First Legislature of Maryland. — Clayborne and the Isle of Kent. — Fort of St. Mary's. — Settlements along Patuxent and Potomac Rivers. 1. According to some writers, King Charles I., grantor of the charter of Maryland, was religious, chaste, sobei', affable, and courageous, yet at the time of the sailing of Lord Baltimore's colony from the shores of England he was making rapid strides toward waging a war with his subjects. This condition of things appeared to call Lord Baltimore into the English Parliament, to which he was elected in 1634. Having finished all preparations, he intend- ed to accompany his colonists to Maryland in person, but he changed his mind, and appointed his brothers Leonard and George Calvert to go in his stead, the former as gov- ernor, with two assistants and councilors, Jeremy Hawley and Thomas Cornwaleys. These three gentlemen, there- fore, were placed at the head of his lordship's government at the time of the settlement of Maryland. 2. Singular was the sense of justice which marked the conduct of Lord Baltimore in every act relating to the In- dians, and they looked upon him as their patriarch. To them, as well as to the colonists, was he indeed a guardian, tempering justice with mercy in every case compatible with the principles of order and the great ends of society. 3. In 1634, within two months from the time of the landing of the colonists, Governor Calvert built a log fort THE FIRST LEGISLATURE OF MARYLAND. 27 on the shore of St. Mary's River to protect the settlement from pirates on the water and savages on the land, arming- it with cannon called " nnirtherers," brought over in the Ark and the Dove. On account of the gentle and peaceful conduct of the Indians, however, and the absence of pi- rates on the river, forts, arsenals, and guns were almost useless. This log fort was the first state-house erected in Maryland, and herein the first provincial legislature met on the 26th of February, 1634, or 1635, New Style. 4. In this year the colonists were busily engaged in es- tablishing themselves in their new homes ; in embellishing the wigwams relinquished by the Indians ; in building log- houses, erecting a fort, clearing the land, and conciliating the natives. They did not think much of law-making, or of the necessity of legislating for their future guidance and government ; for there was harmony between themselves and their strange neighbors of the forest. 5. But this harmonious state of things was not lasting. Before the close of the first year of the provincial govern- ment, Governor Calvert found himself in trouble with Wil- liam Clayborne, who, in 1631, had obtained a license from the King of England to establish a post on Kent Island, in the Chesapeake Bay, for trading with the Indians. 6. Governor Calvert notified Clayborne that, if he re- mained on the island, he would be treated as a subject of Lord Baltimore's colony. Clayborne applied to the coun- cil of the Virginia colony, of which he was a member, for advice in this matter. This council, being opposed to the grant of Lord Baltimore, maintained the claims of Clay- borne, and the latter conspired to destroy the settlement at St. Mary's by bringing about hostilities between the colo- nists and the Indians. 7. Drawing Henry Fleet into his schemes as inter- preter, Clayborne sought to make the Indians believe that Lord Baltimore's people were Spaniards, alike the enemies 28 THE HISTORY OF MARYLAND. of themselves and the English. To some extent Clay- borne's schemes succeeded, and the colonists were forced upon the defensive, but in a few weeks the representations of Clayborne, called the evil genius of the colony, were proven to be false. 8. Foiled in this attempt, he resorted to open military force in opposition to Lord Baltimore's government. A naval engagement on the Chesapeake ensued, in which Wil- liam Clayborne did encourage, instigate, and abet Ratcliffe Warren, Richard Hancock, Robert Lake, and others to the number of fourteen persons, or thereabouts, not having the peace of God before their eyes, but being seduced by the malicious instigations of Satan, and of malice premeditated, to make, as pirates and robbers, an assault upon the ser- vants of Thomas Cornwaleys, with guns eharged with pow- der and bullets, and to shoot William Ashmore, who in- stantly died. 9. Previous to this engagement, Clayborne had fled to Virginia, and Governor Harvey of that colony, instead of delivering him up as a criminal against the peace of Lord Baltimore, thought it proper to send him and his witnesses to England for a hearing. 10. Governor Calvert commissioned Captain George Eve- lyn as commander of the Isle of Kent, who put in force the civil authority of the lord proprietary over that island, as a part of the province of Maryland. Commissioners were dispatched to Virginia to demand the person of Clayborne as a rebel and traitor. He had, however, sailed for England. 11. In Lord Baltimore and a majority of the colonists or their deputies, the power of legislation in the province was vested ; consequently, in the latter part of the year 1634, Julian time, or Old Style, which is the same as the beginning of the year 1635, Gregorian time, or New Style, the first legislature of Maryland met in " the fort of St. Mary's." This log fort was the only state-house in the THE SECOND LEGISLATURE OF MARYLAND. 29 province ; and the best authorities declare that the legisla- ture met there on the 26th of February, 1635, according to our present calendar, which was just eleven months after the colonists had taken possession of their new homes. 12. Of the proceedings of this first legislature of Mary- land, not a line of regular record remains ; and, if a subse- quent assembly had not made a casual reference to its acts, it never would have been known that such a session was held. In this manner it became known that " it was enact- ed that the offenders in all murders and felonies shall suffer such pains, losses, and forfeitures as they should or ought to have suffered for the like crimes in England." This is all that is known of the proceedings of the first provincial legislature of Maryland. 13. On the 15th of April, 1637, Lord Baltimore granted full power and authority to Governor Calvert to assemble the freemen or their deputies at St. Mary's on the 25th of January in that year, and then and there signify to them his dissent to all the laws by them pi-eviously passed, thus vetoing the whole proceedings of the first legislature and declaring them void. 14. When the day arrived for the meeting of the assem- bly, Governor Calvert appeared and took his seat as presi- dent. Thomas Cornwaleys, Robert Wintour, and John Lew- ger, of the governor's council, also appeared, and Captain Evelyn, commander of the Isle of Kent. 15. The only remains of the laws passed at this second legislature appear in their titles, which alone have come down to the present time, to show what engaged the atten- tion of the early legislators in Maryland. It is known, how- ever, that an act was passed for the attainder of William Clayborne, who, as the preamble to the act declares, was known to have committed sundry contempts, insolencies, and seditions against the dignity and domination of the lord proprietary of the province of Maryland. The pre- 30 THE HISTORY OF MARYLAND. amble goes on to declare that Clayborne conspired and con- trived sundry mischievous machinations and practices with the Indians of the province to subvert and destroy the col- ony and people of Maryland, and had used certain royal powers and jurisdictions in levying soldiers and granting letters of reprisal, without authority from the king, the lord proprietary, or any other prince or state whatever. 10. It was also declared that Clayborne had instigated certain persons to commit the crimes of piracy and murder, and then withdrew himself out of the province. The act itself declares that we, the freemen assembled in the present general assembly, considering the premises and the necessity of exemplary justice to be inflicted on such notorious and insolent rebels and disturbers of the peace and safety of the inhabitants of this province, and, for the terror of like of- fenders in time to come, do request your lordship that it be enacted, and be it enacted by the lord proprietary, with the advice of the freemen of this present general assembly, that the said William Clayborne be attainted of the crimes aforesaid, and that he forfeit to the lord proprietary all his lands and tenements which he was seized of on the 23d day of April, 1035 ; and that he forfeit to the lord pro- prietary all his goods and chattels which he has within this province at this present time. 17. On the 27th of March, 1G3S, three days after the passage of this act, a proprietary warrant was directed to the commander of the Isle of Kent for the seizure of all the goods and chattels of William Clayborne, gentleman, within that island, and for the keeping of them in safe custody. Clayborne had already reached England, where he presented a petition to the king, and many of his adherents looked forward to a successful establishment of his pretensions. 18. The number of colonists present or represented in the second legislature of Maryland was about ninety, among whom were the governor and three councilors ; the secre- SETTLEMENTS ALONG THE RIVERS. 31 tary, marshal, and high sheriff of the province, and three Roman Catholic priests. Captain Henry Fleet, who had been permitted to trade in the colony, under the auspices and license of Lord Baltimore, was also a member of this assembly. 19. The settlement at St. Mary's still continued to grow and prosper ; and it was there that religious freedom in North America was first proclaimed. Beginning there, GEORGE CALVERT, FIRST LORD BALTIMORE. settlements first extended along the Potomac and Patuxent rivers, as the fine old colonial mansions shadowing these waters still attest. They soon reached the home of the Piscataway Indians, who neither bade the colonists come nor go ; yet no war ensued. That wild people, induced by the gentle influences which now surrounded them, embraced Christianity, and assumed the garb and customs of civilized life. CHAPTER IV. 1637-1638. Troubles with C.aybome. — lie petitions the King. — The Lord Archbishop of Canterbury. — Lord Baltimore's Charter and Claybome's License in Conflict. 1. It does not appear that Clayborne was ever brought to trial for his crimes committed against the peace of Lord Baltimore. Robert Vaughan, who was sent as an officer to arrest him and seize his property, made the return that he had seized into the lord proprietary's hands the goods and chattels belonging to Captain Clayborne, on Palmer's Isl- and, situated at the mouth of the Susquehanna River. First in order, it is mentioned that four of his servants were seized, and the return goes on to name certain live stock, plantation utensils, some household goods, and strings of Indian money. Clayborne had built a trading house on Palmer's Island, about the time he made his settlement on the Isle of Kent. 2. In 1637, Clayborne drew up a petition to the king of England, setting forth that he with his partners discov- ered the Isle of Kent in the great Chesapeake Bay, pur- chased it from the Indian kings of Virginia, and planted upon it. They asserted that they built houses, transported cattle, and settled people on the island, to their very great cost and charges. They further deelared that Lord Balti- more, taking notice of this settlement, and the great pros- pects for trade in furs and other merchandise, obtained a patent from the king, including the said island wit Inn its CLAYBORNE PETITION'S THE KING. 33 limits, and sought thereby to dispossess the petitioners and deprive them of their discoveries. Clayborne claimed that, in a letter addressed to him, the king of England declared that, notwithstanding the grant made to Lord Baltimore, the petitioners should have freedom of trade on the island. He declared that, in defiance of the royal letter, Lord Balti- more's agents had seized the petitioners' boats and goods, and killed three of their men. .3. Clayborne\s petition to the king further sets forth that he had established a plantation and factory on a small island in the mouth of a river in the Susquehannock country, and had, at their desire, purchased the same of the Indians, by means of which said petitioners were in great hopes of drawing thither the trade of beavers and fur which the French enjoyed in the Grand Lake of Canada. To defeat this, said the petitioners, Lord Baltimore's agents went with forty men " to supplant the said plantations, to take possession thereof, and seat themselves thereon." 4. The petitioners offered the king an annual rent of one hundred pounds for the quiet possession of Kent and Palmer's islands, and twelve leagues of land on each side of the Susquehanna River, extending along that river from its mouth down the Chesapeake Bay southerly to the sea- ward, thence to the head of the river and to the Grand Lake of Canada. 5. In concluding their petition they humbly offered the following prayer to the king : " May it, therefore, please your majesty to grant a confirmation of your majesty's commission and letter under your majesty's broad seal for the quiet enjoyment of the said plantations, and to refer the speedy examination of the said wrongs and injuries unto whom your majesty shall please to think fit, to certify to your majesty thereof ; and that your petitioners may pro- ceed without interruption of the Lord Baltimore's agents." (5. The king considered the proposals made by the peti- M THE HISTORY OF MARYLAND. tioners, and ordered that the whole matter be referred to the Archbishop of Canterbury, and "any others the com- missioners of plantations," who should be near at hand and whom they might be pleased to call to their aid. Their re- port was to be prepared by the attorney for the crown and presented for the king's signature and seal. 7. On the 4th of April, 1038, the Lord Archbishop of Canterbury and other commissioners met at Whitehall to take into consideration the petition of Clayborne and his partners, which had been referred to them by the king. They reported that all parties attended their lordships on that day, with their learned counsel, and were fully heard. 8. It appeared clearly to their lordships, and was con- fessed by Clayborne himself, then present, that the Isle of Kent was within the bounds and limits of Lord Baltimore's patent. Clayborne's commission was only a license under the signet of Scotland to trade with the Indians in Ameri- ca, in such places where the privileges of such trade had not formerly been granted by his majesty to any other. 9. Their lordships declared that Clayborne's license did not give any warrant to him to trade or plant on the Isle of Kent, or in any other parts or places with the Indians or savages within the precincts of Lord Baltimore's patents. 10. The letter to Clayborne over the king's signature, in reference to the license under the signet of Scotland, was grounded upon misinformation by supposing that the said license, granted in 1031, warranted plantation on the Isle of Kent. The privileges of trade only were granted, and not those of plantation: Lord Baltimore was, there- fore, left to the right of his charter, and the petitioners to the course of law. 11. Concerning the violence and wrongs complained of by Clayborne in his petition to the king, it was declared that no cause for relief was found ; and all parties there- fore were left to the common course of justice. LORD BALTIMORE'S GRANT. 35 12. In 1630, George, Lord Baltimore, obtained from the King of England, under his privy signet, a grant of the ter- ritory of Crescentia or Maryland, which virtually confirmed that grant unto his lordship, his heirs and assigns, yet the preliminaries to its passage under the great seal of the realm were not arranged until the middle of the year 1632. Lord Baltimore's grant, therefore, antedated Clayborne's li- cense, and it will be seen that his expulsion from the island was not an act of injustice. 13. In 1G38, close upon the settlement of the difficulties between Lord Baltimore and William Clayborne, the gov- ernor of Virginia issued a proclamation prohibiting all per- sons inhabiting that colony from trade or commerce with the Indians or savages of the province of Maryland, with- out license first obtained from Lord Baltimore or his sub- stitute. CHAPTER Y. 1638-1646. Provincial Missionaries. — Indians embrace Christianity. — Troubles about Reli- gion and the Isle of Kent. — Governor Calvert sails for England. — Governor Brent. — Captain Richard Ingle. — Rebellion against Lord Baltimore.— In- gle's Raid on St. Mary's.— The Fort captured.— Provincial Records and the Great Seal carried off. — Great Seal described. 1. During the continuance of the troubles with Clay- borne and his adherents, the provincial missionaries were not interrupted in their good work among the Indians. The work, under the direction of Fathers White and Af- tham, spread rapidly around the settlement, and was so successful that, in 1640, Tayae, king of the Piscataways, his queen, their son, and a number of the leading men and women of the tribe, embraced Christianity and were bap- tized according to the rites of the Roman Catholic Church. 2. Prior to the year 1(k5S. no disputes concerning re- ligion appeared to disturb the harmony of the province, but in that year the records show that William Lewis, a Roman Catholic, was brought into court on account of the use of words " tending to the opening of a faction in re- ligion." The offense consisted in denouncing the ministers of the Protestant religion as the ministers of Satan ; but he was acquitted of the charge that he forbade his servants to have or use Protestant books in his house. P>. The court, in delivering* its opinion and sentence, said in substance : Because these offensive speeches and other unreasonable disputes in point of religion tend to the GOVERNMENT OF MARYLAND REORGANIZED. 37 disturbance of the public peace, you, the said William Lewis, are fined in the sum of five hundred pounds of to- bacco for the use of the lord proprietary. Governor Cal- vert and Secretary Lewger approved the sentence of the court, the fine was imposed, and the offender was held to bail for good behavior in the future. 4. From 1630 to 1642, an uninterrupted peace prevailed in the colony, save when, now and then, Governor Calvert with small forces of men was compelled to check certain disturbers of the peace ; yet none of his operations assumed the dignity and proportions of war. 5. On the 4th day of September, 1642, Lord Baltimore granted full power and authority to the governor of the province to remit in part or in whole all pains, forfeitures, or penalties which any person or persons within the prov- ince incurred for any crime, misdemeanor, or offense against the laws, ordinances, or orders thereof ; and to grant par- dons in all cases, so that such pardons should not extend to the pardoning of high treason. In the time of Lord Balti- more, and the early history of Maryland, high treason was defined as "an offense committed against the security of the king or kingdom, whether by imagination, word, or deed." 6. In the last mentioned year, the government of Mary- land was reorganized by the lord proprietary. He con- ferred great powers upon Leonard Calvert, the governor, and appointed Francis Trafford, Thomas Cornwaleys, John Lewger, Willam Blount, and John Langford as councilors of state. 7. Reposing special trust and confidence in the wisdom, diligence, and experience of these gentlemen, his lordship gave them full power and authority to meet together with the governor, when and where he should appoint, to treat, consult, and deliberate of all causes that should be discov- ered unto them. He gave them power to -all before them 38 THE HISTORY OF MARYLAND. all offenders against the peace of the province, that they might be properly punished, and especially did his lord- ship command them to bring to justice all offenders in weights and measures, all forestallers of markets, extortion- ers, and rioters, and other offenders against the public wel- fare and peace of the province of Maryland. 8. "Having long experience, 1 ' writes his lordship, "of the abilities and industry of our trusty and well-beloved councilor, John Lewger, Esquire, in performing unto us good and faithful services, we do appoint and ordain him to be our secretary of our province of Maryland, and judge of all causes testamentary and matrimonial within our said province." 9. Soon after the reorganization of the government, which placed men of great administrative abilities at its head, the Susquehannoek Indians became troublesome, and Governor Calvert published that " there shall be an expe- dition set forth against the enemies of this province." Councilor Cornwaleys was appointed as general of the expedition ; but the means for defraying its expenses were not at hand. Anns and ammunition were scarce, and the people lukewarm and discontented concerning it. In view of these facts, the governor declared that he thought fit to advise further of the intended expedition, and revoked all powers and commissions touching it. It was therefore abandoned. 10. In April, 1643, he sailed from the fort of St. Mary's, bound to England, and Captain Giles Brent, who, in 1639, was made commander of the Isle of Kent, took the chair as acting governor of Maryland, at the instance of Gov- ernor Calvert. 11. At this time Governor Brent owned one thousand acres of land on the Isle of Kent, which had been patented to him by Lord Baltimore's request in 1640, under the name of " Manor of Kent Fort," CAPTAIX RICHARD INGLE. 39 12. Dating the 14th of July, 1643, Lord Baltimore, im- mediately upon the arrival of Governor Calvert in England, confirmed the appointment of Captain Brent as governor of Maryland, to act as such during his absence. 13. A contest between the king and Parliament had taken place in England, which was likely to result in civil war; and it appears that this state of things caused Lord Baltimore to defer a contemplated visit to Maryland. His lordship directed the new governor to suspend the granting of lands to actual settlers until his arrival. 14. On the 18th of November, 1643, having abandoned his visit to Maryland, his lordship issued to Governor Brent and certain commissioners, whom he named for the purpose, strict orders for the management of his farm at West St. Mary's, and the sale of all his carpenters and other appren- ticed servants, which he thought would bring him two thousand pounds of tobacco apiece. 15. Governor Calvert, continuing in England in the days of slow sailing, knew but little of the troubles that threat- ened the province. It is true the Susquehannock Indians were not so troublesome to the colonists as he anticipated, yet more serious troubles, than the savages were likely to cause, arose from the civilized foes of the lord proprietary and his provincial agents. 16. Captain Richard Ingle, called a manner, rebel, and pirate, sailed about the settlement in an armed ship, striv- ing to increase the number of Lord Baltimore's enemies. The Indians assumed a warlike attitude, and troubles thick- ened in every direction. Governor Brent charged Ingle with high treason and issued a proclamation for his arrest and the seizure of his ship ; but, although he was taken pris- oner, he soon made his escape, with only the loss of his ship, in January, 1643. 17. In September, 1644, seventeen months after his de- parture for England, Governor Calvert landed in Maryland, 40 THE HISTORY OF MARYLAND. bringing with him new commissions for the government of the province. On landing, he received the intelligence that his officers were at variance ; the Indians hostile ; the pi- rate Ingle at large : Clayborne again in possession of Kent Island ; and the affairs of the province in general dis- order. 18. The governor at once dispatched a reconnoitering party to Kent Island, put the forts into as good state of defense as possible, and issued his proclamation for holding a general assembly on the 3d of December following. 19. On the 13th of February, B>44, Julian time, Ingle returned in force, surprised the sentinels at the fort of St. Mary's, and carried off all the records and the great seal of the province. 20. Clayborne was the mainspring of this rebellion against Lord Baltimore. His aim was to deprive his lord- ship of the charter and government of Maryland, and his first step, therefore, was to seize the records, that the af- fairs of the province might fall into anarchy. Governor Calvert fled into Virginia for safety ; Clayborne and Ingle seized the strongholds of the province, and the friends of Lord Baltimore were reduced to a silent submis- sion. 21. In Virginia, Governor Calvert raised an army true to his interests ; and, in December, 1646, he crossed the Potomac, surprised the rebels in his march, gained bloodless victories as he advanced, and entered St. Mary's in triumph with the reins of government firmly in his hands. 22. On resuming his duties, Governor Calvert found himself greatly embarrassed on account of a difficulty which, in his absence from the province, had arisen be- tween Secretary Lewger and Governor Brent, concerning a military commission issued under the great seal to Henry Fleet. On the 18th of June, 1644, during the governor's THE GREAT SEAL NEVER RECOVERED. 41 absence, a commission was issued to Captain Fleet, au- thorizing him to move against the Susquehannock Indians with twenty men ; to make peace, if possible ; or, if he thought best, to capture or slay them, and break off all intercourse between them and the Piscataways. This com- mission carried on its face the signature of Giles Brent, Esq. ; and, on the 26th of August, 1614, Governor Brent issued a proclamation affecting the official character of the secretary. 23. The governor declared that Secretary Lewger, without any authority derived from Lord Baltimore or his lieutenant-general, had presumed to counterfeit and deliv- er unto Captain Fleet a commission for treating a peace with the enemies of the province, the Susquehannocks, and for making Avar against them or other Indians. The gov- ernor asserted further that, to the commission in question, the secretary had presumed to counterfeit and affix his lordship's great seal and his lieutenant's hand, which re- quired severe reproof, for which he suspended him from the office of secretary and councilor in the province. 24. It will be seen that Secretary Lewger made use of the great seal in June, 1644, and that it was seized by In- gle in February of that year. To reconcile this apparent error in dates, it must be remembered that, according to the Julian calendar, June came earlier in the year than February, which was next to the last month in the year. 25. Secretary Lewger, in the governor's absence, issued Fleet's commission in an hour when, in his opinion, great danger threatened the province. Governor Calvert ap- proved his conduct, and the hasty proclamation of Brent was condemned by the silence concerning it. Lewger was promoted to the office of attorney-general and register in the provincial land office. 26. The great seal of the province seized by Ingle and his accomplices was never recovered. It was brought over ±•2 THE HISTORY OF MARYLAND. to the province by Governor Calvert with the colonists in the Ark and the Dove. 27. On one side of this seal was a figure of Lord Balti- more on horseback, armed and equipped as a Crusader ; his sword drawn and helmet on, and a great plume of feathers affixed to it, the horse-trappings, furniture, and caparison being adorned with the figure of his paternal coat of arms. Under the horse is represented a seashore with certain flow- ers and grass growing upon it. On the border of this side of the seal is a Latin inscription which means Cecilius, Ab- solute Lord of Maryland and Avalon, Baron of Baltimore. 28. On the other or counter side of the seal is the figure of an escutcheon or shield, whereon is engraved his lord- ship's paternal coat of arms, and a budding cross designat- ing the family of Alicia Crossland, his grandmother. The escutcheon is supported by the figures of a fisherman and farmer, as symbols of the thrift of Maryland on land and water. These figures are represented as standing on a scroll, upon which is engraved a motto in the Italian language, " Fatti Maschii Parole Femine," meaning " Manly deeds and womanly words." 29. Above the shield is represented a count palatine's cap, which symbolizes the powers of a king, extending to the pardon of treason, murders, and felonies, and such were the powers of Lord Baltimore in Maryland. 30. Above the cap is the figure of a helmet with the crest of his lordship's paternal coat of arms on the top of it, which crest is a ducal crown with two half bannerets set upright upon it. The name banneret was once used to mark a partially created baron. By these small flags or bannerets Lord Baltimore symbolized his promotion from a lower order of hereditary nobility to that of a baron or bearer of the square flag. 31. On the same side of the seal, behind the shield and supporters, is represented a large mantle doubled or lined GREAT SEAL DESCRIBED. 43 with ermine. Ermine is the skin of an animal of the same name. It is milk-white, and will rather be taken captive or die than soil its whiteness ; so Lord Baltimore, by the use of ermine to line his robe or mantle, symbolized to the colo- nists of Maryland that he would rather die than soil the spotless ermine of his character. Around the border of this side of the seal is a Latin inscription, which means, " With the shield of thy good will thou hast crowned us," referring to Charles I., king of England, grantor of the charter of Maryland. The form of the seal was round and cut in silver, and was about three and a half inches in diam- eter, as seen in the engraving. 32. The loss of the records, during Clayborne and Ingle's rebellion, was severely felt by the colonists, on account of the confusion into which the public business of the colony was thereby thrown. Their loss is still acutely felt by the historian of these early days, who finds himself without the surest and best means of information concerning a most in- teresting period of colonial history. CHAPTER VI. 1647-1649. Death of Governor Calvert, — Governor Greene. — Captain William Stone. — Proclamations of Pardon. — Captain Stone appointed Governor of Mary- land. — His Oath of Office. — Sixteen Laws proposed. — The New Great Seal. — The Legislature of 1649. — "Toleration Act" passed. 1. On the 9th of June, 1647, Governor Calvert, a bache- lor, surrounded by his friends, died peacefully at St. Mary's. 2. Thomas Greene, who came over with the first settlers, or very soon after, had been nominated by the deceased as governor of the province. He acted as such until the ap- pointment of William Stone by the lord proprietary. 3. Under date June 21, 1647, Governor Greene addressed Edward Hill, who sometimes had acted as governor under a temporary commission from the council of state, and said : " The government is now lawfully reinstated on me, and his lordship's right and title I am resolved to defend and maintain with all that is dear unto me — my life." 4. One of his first acts as governor was to issue a proc- lamation declaring that, by the instigation of one Richard Ingle, sundry inhabitants of the province had unfortunately run themselves into a rebellion against the lord proprie- tary, but are now returned into obedience. 5. He declared, therefore, that a free pardon be extended unto every inhabitant residing within the province for all crimes of rebellion, sedition, and plunder committed within the province from the 14th of February, 1644, to the 16th of April, 1647. He further declared that every other person CAPTAIN STONE APPOINTED GOVERNOR. ±r } residing out of the province confessing sorrow for his fault, and asking pardon for the same before the time of the feast of St. Michael the Archangel, in 1047, should receive pardon at his hand under the great seal of the province, excepting Richard Ingle, mariner. G. In August, 1648, Lord Baltimore issued a commission, revoking all former commissions issued to any governor or member of his council in Maryland, which suddenly removed them from office. His lordship gave no reasons for this course of conduct. The provincial records are silent on the subject, and all that is known is that he appeared to do what he did for reasons satisfactory to himself. 7. This act of his lordship suddenly removed Governor Greene from office ; and power was given to his successor, when appointed, to appoint all officers of the government, except councilors, to call assemblies, to assent to laws, to appoint places for seaports, to establish fairs and markets, to grant pardons, and make grants of land. 8. Dating the 12th of August, 1G48, Lord Baltimore writes that William Stone, then, or late, of Northampton County, Virginia, had undertaken in some short tiine to bring five hundred people of British or Irish descent into the province to plant and reside there. In view of this undertaking on the part of Captain Stone, his lordship appointed him his lieutenant, chief governor, general, ad- miral, marshal, chief captain, and commander in Maryland. He granted to him absolute authority in all matters of war- fare by sea and land, and directed him to administer the same to the resistance of all enemies and the suppression of mutinies and insolencies. 9. " I do swear," says Governor Stone, on taking the oath of office, " that I will be true and faithful to the Right Honorable Cecilius, Lord Baron of Baltimore, the true and absolute lord and proprietary of the province of Mary- land. 46 THE HISTORY OF MARYLAND. 10. " I will never accept of, nor execute, any place, office, or employment within the said province in any way con- cerning or relating to the government thereof, from any person or authority, save that derived from his lordship under his hand and seal at arms. 11. "I will do equal right and justice to the poor and to the rich within the said province to my best skill, judgment, and power. I will not for fear, affection, or favor hinder or delay justice to any, but shall truly execute the said office and offices according to his lordship's commissions to me. 12. " I will in all things from time to time, as occasion shall require, faithfully counsel and advise his lordship according to my heart and conscience. 13. " I will not make any difference of persons in confer- ring offices, rewards, or favors, proceeding from the au- thority of his lordship, on account of their religion ; but shall proceed accordingly as I shall find them faithful, well-deserving, and endowed with moral virtues and abili- ties, fitting for such offices, rewards, or favors. 14. "If any officer or person, without my privity, shall molest or disturb any person within the province of Mary- land, merely for or in respect to his or her religion, or the free exercise thereof, I will apply my power and authority to relieve and protect any person so troubled or molested. 15. " I will faithfully serve his lordship as his chancellor and keeper of his great seal of this province, committed to my charge and custody, to the best of my understand- ing. 16. "I will cause the impressions in wax of the said seal to be affixed to all such things as I have or shall, from time to time, receive warrant for so doing from his lordship under his hand and seal at arms." 17. On the 12th of August, 1648, the same day on which William Stone was made governor, Lord Baltimore appointed Thomas Greene, late governor, John Priee, Thomas Hatton, SIXTEEN LAWS PROPOSED. 47 John Pile, and Robert Vaughan to be bis privy council of state in tbe province of Maryland. 18. On tbe same day, Jobn Price was appointed to tbe office of muster master general, Robert Vaugban, command- er of tbe Isle of Kent, and Thomas Hatton, secretary of tbe province. 19. On the same day, dating at Bath, England, his lord- sbip writes to the governor and council that he had seriouslv considered of several acts or laws, being sixteen in number, and written on three sheets of parchment, with impressions from his greater seal at arms affixed to them. 20. He says these acts or laws were proposed to him for the good and quiet settlement of the colony and people of Maryland ; and, finding them very fit to be enacted as laws, he consented tbat Governor Stone should propose them to an assembly of the freemen of the province. 21. He declared tbat, if all the said acts or laws should, within twelve months from the day of his dating, be en- acted into laws for the government of the province, he would, and not otherwise, assent to them ; and at the same time declared bis dissent to every law enacted in the prov- ince prior to the appointment of Governor Stone, except the act for the attainder and condemnation of William Clay- borne. '2:2. On the same day, August 12, 1648, his lordship issued a commission concerning a new great seal for the province, which be had prepared to take the place of the one seized by Ingle. He sent it over to the province in the custody and keeping of Governor Stone, with an accurate description of the devices engraved upon it. He said it was of the same bigness that his former great seal was, and cut in silver. He affixed its impressions in wax to the docu- ment, which gave it authority, and said it was somewhat different, though but little, from tbe first great seal seized in Ingle's rebellion. 48 THE HISTORY OF MARYLAND. 23. With a, new governor, council of state, and great seal, the government of the province was now fully organ- ized, and the next steps to be taken were in the direction of calling a legislative assembly to enact laws for the govern- ment of the province. It was called to meet at St. Mary's on the 2d of April, 1649. 24. On that day, the legislature met, according to ap- pointment, and passed the acts proposed to Lord Baltimore, as before stated, being sixteen in number, and written on three sheets of parchment. 25. One of these laws provided for the punishment of persons guilty of profaning the Sabbath by frequently swearing, drunkenness, or working on that day, unless in case of absolute necessity. 26. This act further declares that, whereas, the enforcing of conscience in matters of religion has frequently been of dangerous consequence in those commonwealths where it has been practiced, no person or persons whatsoever within this province, or the islands, ports, harbors, creeks, or ha- vens thereunto belonging, shall henceforth in any way be troubled, molested, or discountenanced in respect to his or her religion, or the free exercise of the same. The act had reference only to persons professing to believe in the Chris- tian religion, and its passage and approval formed one of the Greatest o-lories of Governor Stone's administration. CHAPTER VII. 1649-1652. King Charles I. — His Trial and Execution. — The Puritan Revolution — Troubles in Maryland. —Governor Greene's Proclamations. — King- Charles II. — Oliver Cromwell. — Civil War in England. — Sir William Davenant. — Troubles in the Maryland Legislature. 1. While Lord Baltimore was preparing new commis- sions on the 12th of August, 1618, for the government of the province of Maryland, grave conflicts were going on between King Charles I. and the Parliament of England ; and the issue was as to whether the king or Parliament should be master of the nation ; or, in other words, whether the king should be the lord or the servant of the people. War was desolating the kingdom, and the king was over- thrown, tried by a court called for the purpose, and con- demned to death. 2. On the 30th of January, 1648, Julian time, which is the same as the 30th of January, 1649, according to the present calendar, the king was executed. On the day of his execution, he walked firmly to the scaffold and laid his head upon the block as calmly as upon a pillow. "I go," said he, "from a corruptible to an incorruptible crown.'' Thus perished King Charles L, who granted to Lord Balti- more a charter for the province of Maryland. 3. The civil war in England which dethroned King Charles I. is known in history as the Avar of the Puritan revolution, and the consequences which resulted from that war brought about great troubles in Maryland. 50 THE HISTORY OF MARYLAND. 4. It was declared that the king desired to enslave the people of England, and that Lord Baltimore would, if he could, treat the people of Maryland in the same way. This kind of feeling found its way into the legislature of 1649, and opposed the passage of the sixteen laws hereinbefore referred to, which were written on three sheets of parch- ment, and delivered through the hands of Secretary Hatton to Governor Stone. 5. Lord Baltimore, in commenting upon this state of feel- ing in the minds of certain members of the legislature, declared it was intended by his charter that he should have all such jurisdiction in Maryland as the Bishop of Durham exercised in the county palatine of Durham, in the kingdom of England. 6. " We are well satisfied," said his lordship, " by learned counsel and such as are best read in antiquities that the bishops of Durham before the time of Henry VIII. did exercise all royal jurisdiction within the said county pala- tine." 7. That Lord Baltimore should attempt to exercise the powers of a king in the county palatine of Maryland created sentiments of alarm in the minds of some people, increasing, no doubt, the number of the friends of the parliament in the province, yet it does not appear that his lordship's reputation as a wise and humane ruler suffered from any quarter. 8. Immediately after the death of King Charles, the Parliament of England passed an act to the effect that no person whatever should presume to declare Charles Stuart, son of the late King Charles, commonly called the Prince of Wales, or any other person, to be king or chief magis- trate of England, or of any dominions belonging thereto. Any person violating this act was to be adjudged a traitor and brought to suffer accordingly. 9. On receiving the news of the death of King Charles, OLIVER CROMWELL. 5 J however, yet, perhaps, before receiving that of the passage of the above act of parliament, Thomas Greene, acting governor of Maryland, during the temporary absence^of Governor Stone, proclaimed the said Charles Stuart king of England, France, Scotland, and Ireland. 10. " Whereas," says the governor, dating at St. Mary's, "Charles of blessed memory, King of England, Scotland, France, and Ireland, Defender of the Faith, is lately de- ceased, these are to give notice to all persons whom it may concern, and in especial to all and singular the inhabit- ants of the province of Maryland, that his eldest son Charles, the most renowned Prince of Wales, the undoubt- ed rightful heir to all his father's dominions, is hereby pro- claimed King Charles the Second of England, Scotland, France, and Ireland. Long live King Charles the "Second ! " 11. At the same time, Governor Greene issued another proclamation, in the name of the lord proprietary, and pro- nounced a general pardon to all the inhabitants of Mary- land for all offenses committed by them or any of them since the last general pardon. 12. This hasty action on the part of Governor Greene, in the face of the act of Parliament declaring it treason, brought about a speedy extension of the authority of the Parliament over the province of Maryland, and Lord Balti- more, for a few years, was deprived of his absolute lord- ship in respect to the government. 13. In August, 1650, Oliver Cromwell seized upon the strong places in Ireland, but was soon forced to return to England upon the advice that the Scots had taken up arms in favor of Charles, son of the late king. Before the re- joicings on account of Governor Greene's proclamation had died away, the news of Cromwell's victories reached Mary- land, and the government of Lord Baltimore was in con- fusion. 14. At a place called Providence, now Annapolis, a 52 THE HISTORY OF MARYLAND. number of people professing the Protestant religion set- tled in the time of Governor Stone's administration. They were called Puritans, or Dissenters, and they professed to follow the pure word of God in opposition to all traditions and human constitutions. They came from Virginia and from England, settling on the Chesapeake and its tributa- ries south of the Severn River. 15. In England, Charles, son of the late king, continued to fight for his crown. He put himself at the head of fif- teen thousand foot and three thousand horse, and marched upon Cromwell from Scotland. On entering England, the young king was honorably received. Cromwell found him encamped within a mile of the city of Worcester. An en- gagement followed, and after several hours of hard fighting the king's forces were repulsed. His cavalry fled before the victorious troops of Cromwell, and all his infantry were either slain or made prisoners. The king himself narrowly es- caped capture. He fled from Worcester through St. Mar- tin's Gate, and resolved to retire into France. 1G. The fugitive king, disguised as a peasant, was, by a guide, led along by day and by night through unfrequent- ed places in the direction of France ; and, on his journey, he spent one whole day concealed among the thick branches of an oak-tree. Under the tree, he saw several persons who were speaking of him, and expressing the wish that he might fall into their hands. He, however, arrived safely in France. 17. While in exile, the young king appointed Sir Wil- liam Davenant governor of Maryland. This act was a strange infringement upon the right of Lord Baltimore, and Sir William, regarding it as not well calculated to ad- vance his interests or those of the young king, refused the honors of the office. 18. On the 6th day of April, 1050, the legislative as- sembly of Maryland met, and, on the first day of its sitting, LEGISLATIVE ENACTMENTS. 53 passed an act dividing itself into an upper and a lower house. 19. At the same session an act was passed "erecting Providence into a county by the name of Ann Arundel County." By this act that part of the province of Mary- land on the west side of the bay of Chesapeake, over against the Isle of Kent, formerly called by the name of Provi- dence, was erected into a shire or county by the name of " Ann Arundel County." 20. This legislature passed also an act of recognition of the lawful and undoubted right and title of the Right Honor- able Cecilius, Lord Baron of Baltimore, absolute lord and proprietary of the province of Maryland, unto the said province, and unto all islands, ports, and creeks to the same belonging. 21. The act declared that great and manifold were the benefits wherewith an overruling Providence had blessed the colony first brought and planted within the province at his lordship's charge, and continued by his care and indus- try in the happy restitution of a blessed peace unto the in- habitants ; but more inestimable were the blessings poured upon the province in planting Christianity among a people that knew not God. 22. This legislature doubted not that their posterity would remember the same with all fidelity to the honor of his lordship and his heirs for ever. 23. In 1651, a report to the effect that the government of Maryland was about to be taken from Lord Baltimore rap- idly spread over the province, casting gloomy shadows over the prospects of the people. The report was grounded upon some fears expressed in England that " a dissolution or resig- nation there of his lordship's patent and right to the province " was probable on the change of the government in that coun- try ; and that, consequently, Maryland would be reduced under the control of the commissioners of Parliament. 54 THE HISTORY OF MARYLAND. 24. On the 26th of August in this year, Lord Baltimore prepared a message to his governor and council in Mary- land on the subject of this report, and treated it as a light matter. Some of the settlements had, on account of the report, refused to send delegates to the provincial assembly at St. Mary's, and, in order to punish the people for this refusal, his lordship threatened to declare them "enemies to the public peace of the province and rebels to the lawful government thereof." 25. The Puritans of Providence refused, at first, a rep- resentation in the assembly, yet, after a visit from Governor Stone to turn them from such a course, they changed their minds, and in the next assembly they had a majority. 26. The rumor concerning the reduction of the province under the control of the commissioners of Oliver Cromwell's Parliament gained currency, and at length proved to be true. 27. On the 26th of September, 1651, John Bradshaw, president of the board of commissioners of Parliament, signed a letter of instructions to Robert Dennis, Richard Bennet, Thomas Stagg, and William Clayborne, for the reduction of Virginia and the inhabitants thereof to their due obedience to the commonwealth of England. It ap- pears that the word Virginia was intended to include Mary- land, Virginia, and a number of the West India islands, for it is seen that Richard Bennet and William Clayborne, dating St. Mary's, March 29, 1652, issued a proclamation declaring the commissions of the governor and council of Maryland null and void. 28. They declared that the right honorable the council of state for the commonwealth of England had committed to them several powers for reducing, settling, and govern- ing all the plantations within the bay of Chesapeake. 29. That, having applied themselves to the governor and council of Maryland, requiring these gentlemen to sub- mit thereto and act accordingly, they refused, as the act of CHANGE OF GOVERNMENT. 55 submission would be inconsistent to tbe patent of Lord Baltimore and their oaths of fidelity to him. 30. That, if these gentlemen would submit to the au- thority of Parliament, they might remain in their offices, conforming themselves to the laws of the commonwealth of England in point of government only, and not infringing Lord Baltimore's just rights. 31. The commissioners of Parliament appointed Robert Brooke, Francis Yardley, Job Chandler, Edward Wind- ham, Richard Preston, and Richard Banks, to act as gov- ernor and council in Maryland, with power to issue all writs, warrants, and processes in the name of the keepers of the liberty of England by authority of Parliament. 32. That the new council of Maryland should first take upon themselves the obligation that they would be true and faithful to the commonwealth of England, as it is now established, without king or house of lords, and then tender the same to all the inhabitants of the province. 33. It was further declared that the said council of Maryland, or any two or more of them, Robert Brooke at all times to be one, should govern the province, and hold courts as often as they thought fit. 34. That, also, this council should summon a legislative assembly to meet on the 24th of June, 1652, the members whereof were to be chosen only by the freemen who had taken upon themselves the above obligation. " 35. That neither by the council nor in the said assembly should anything be enacted contrary to the laws of Eng- land or to the obedience due to the commonwealth. 36. On the 28th of June, 1652, Clayborne and Bennet issued from St. Mary's another proclamation, declaring that, as William Stone at their motion and request, and at the desire of the inhabitants of Maryland, was content to re- sume his former place as governor, reserving to himself, Thomas Ilatton, Robert Brooke, and John Price, their 56 THE HISTORY OF MARYLAND. oaths made to Lord Baltimore, they should be reinstated in their respective offices. 37. They therefore placed William Stone at the head of the new government ; and, as a council of state, ap- pointed Thomas Hatton, Robert Brooke, John Price, Job Chandler, Francis Yardley, and Richard Preston. 38. These gentlemen were to govern, order, and direct the affairs of Maryland, to hold courts of justice, and deal with all matters relating to the peace and prosperity of the people, until further orders from England to the contrary. CHAPTER VIII. 1652-1658. The Indians in Maryland.— A Treaty of Peace. — Governor Stone and Captain Clay borne. — Cromwell's Commissioners in Maryland.— Governor Fendall. 1. The government and people of Maryland soon found that they had to deal with the aboriginal inhabitants of the soil, who presented to them some new and curious views of human nature, which had not been met with in the Old World. 2. The savages of Maryland were natives of a temper- ate climate, and therefore not so degenerate as those found under the latitudes of extreme heat or extreme cold. They were the most noble of savages, in whom the unaided pow- ers of nature appeared with great dignity. Virtue, how- ever, in their esteem, appeared to consist alone in those elevating qualities which are associated with the idea of bravery, and they were not affected with the fears of futu- rity which often render death terrible to contemplate. Their heaven was accommodated to the rudeness of their ideas, and located in a serene sky far in the sunset, where they should for ever enjoy the pleasures of a successful chase. 3. On the 5th of July, 1652, a treaty of peace was con- cluded on the banks of the Severn River, "between the English nation in the province of Maryland and the Indian nation of Susquehanogh." 4. The "several articles of this treaty were solemnly and mutually debated and concluded at the river of Sev- ern in the province of Maryland" by Richard Bennet, 58 THE HISTORY OF MARYLAND. Edward Lloyd, William Fuller, Thomas Marsh, and Leon- ard Strong, on the part of " the English nation," and by the grand treasurer, war captains, and councilors of " the nation and state of the Susquehanoghs." 5. This treaty stipulated that the English nation afore- said should have, hold, enjoy to themselves, their heirs, and assigns for ever, all the land lying from Patuxent River to Palmer's Island on the western side of the bay of Chesa- peake ; and from Choptank River to the northeast branch, which lies to the northward of Elk River on the eastern side of the said bay. These boundaries included all the islands, rivers, creeks, fish, fowl, deer, elk, and whatever else belonged to them, except the Isle of Kent and Palmer's Island, which were awarded to William Clayborne. It was, nevertheless, made lawful for either the English or Indians to build a house or fort for trade, or any such-like use, at any time on Palmer's Island. 6. It was declared that, if any damage on either side, at any time, should be done by either the English or In- dians, or by their allies, confederates, or tributaries, repara- tion should be made, as in reason should be done by those that are friends and desire so to continue. 7. That if any of the people or servants belonging to the English or to the Indians should go or run away from either side, they should not be concealed or kept away from each other, but should with all convenient speed be re- turned back and brought home. Satisfaction was to be made in a reasonable way for transportation by either land or water to those that brought them home. 8. That upon any occasion of business to the English, it was stipulated that the Indians should come by water, and not by land, and that not more than eight or ten of them at most should come at any time. 9. That they should bring with them the token given them by the English for that purpose, by which they might A TREATY OF PEACE. 59 be known and entertained ; and that, also, the English on their part, when they sent a messenger to the Indians, should send by him the token which they received from them. 10. And, lastly, it was agreed that the terms of treaty should really be observed, kept, and performed by the two nations, and by all the people belonging to them, or that were in amity with them, for ever to the end of the world . 11. That all former injuries being buried and forgotten, they promised and agreed to walk together in all things as friends, and to assist each other accordingly. But if it should happen, at any time, that either of the parties should become weary of peace and desire war, the same should be made known by the one to the other. This was to be done by sending in and delivering up their copy of the treaty before any act of hostility was done or at- tempted, and that twenty days warning should be given beforehand. 12. By thirty years this treaty with the Indians ante- dates that of William Penn with the Indians of Pennsyl- vania, under the old elm-tree on the Delaware, and the wis- dom and humanity displayed in its provisions have never been surpassed. 13. Soon after the signing of this treaty, the Nanticoke Indians, on the eastern shore, began to make trouble. They raided upon the English settlements, and by killing and burning spread terror among the inhabitants. The governor of the province made immediate preparation to put an end to these outrages, but, before he was fairly ready to march upon the savages, hostilities ceased and peace was restored. For more than two years peace pre- vailed, agriculture flourished, and commerce brought to the colonists abundant supplies from the Old World. To- bacco was extensively planted, and, the soil and climate being well adapted to its growth, it became the princi- gO THE HISTORY OF MARYLAND. pal article of export. Money being scarce in the prov- ince, it was also used as a currency, passing from hand to hand in payment of rents, taxes, salaries, and all kinds of common debts. 14. Dating at Patuxent River, the 22d of July, 1654, Richard Bennet and William Clayborne appeared in the name of "his highness the lord protector of England, Scotland, Ireland, and the dominions thereunto belong- ing."' 15. They declared that Governor Stone, by special order from Lord Baltimore, had violated his obligation to them by issuing writs in the name of " the lord proprietary of the province of Maryland " ; that he had imposed an oath upon the inhabitants contrary to their oath to the common- wealth of England ; and that all those who refused to sub- scribe to this oath within three months from the date of its publication should have their estates " forfeited to the use of the lord proprietary." 16. They declared that this proceeding on the part of Governor Stone constituted rebellion against the common- wealth of England, and against his Highness Oliver Crom- well, lord protector. 17. Clayborne and Bennet charged also that Governor Stone, in a proclamation, had declared that they drew away the people, and led them into faction, sedition, and rebellion against Lord Baltimore. 18. They charged Governor Stone with saying, also, that the people had been put upon their own defense by the acts of the commissioners of Parliament, and the whole province was very much threatened and endangered ; consequently, they " applied themselves to Captain William Stone, the governor, and the council of Maryland, who returned only uncivil language, and mustered their whole power of men and soldiers in arms. Upon this, the commissioners, in a quiet and peaceable manner, with some of the people of OVERTHROW OF THE PROPRIETARY GOVERNMENT, tfl Patuxent and Severn, went over the Pa'tuxent River. At length, they received a message from Governor Stone that the next day he would meet in treaty with the commission- ers in the woods ; and, they said, the governor, being in some fear of a party to come from Virginia, condescended to lay down his power lately assumed from Lord Baltimore. They declared that he submitted, as he had once done be- fore, to such government as the commissioners should ap- point under bis highness the lord protector. 19. The above is the report of the commissioners, yet, in March, the last month of the year 1654, Old Style, a battle took place, in which Governor Stone was defeated, wounded, and taken prisoner. Fifty of his men were killed and wounded, and nearly one hundred taken prisoners. This battle completely overthrew the proprietary govern- ment of Maryland. 20. For the administration of justice in the province, a commission was appointed consisting of William Fuller, Richard Preston, William Durand, Edward Lloyd, John Smith, Leonard Strong, John Lawson, John Hatch, Richard Wells, and Richard Ewen. 21. Bennet and Clayborne addressed Thomas Hatton, Lord Baltimore's late secretary, requiring him to deliver to William Durand the records of the province and all papers concerning the same. In compliance Avith this order the new great seal of the province, if not previously carried off for the value of its silver dies, went into the custody of the council of the protectorate government. The records are almost entirely silent concerning its subsequent history. It is known, however, that it was never recovered. 22. By commission from bis highness the lord pro- tector of the liberty of England, a general assembly of the freemen of the province of Maryland was held at Patuxent on the 20th of October, 1654. In this assembly Thomas Hatton and Job Chandler refused to serve, because 62 THE HISTORY OF MARYLAND. such service, in their opinion, was inconsistent with the oath they had taken to Lord Baltimore. Arthur Turner and John Wade were returned to take their places. 23 This session enacted and declared that none who professed and exercised the Roman Catholic religion could L protected in the province by the laws of England, for- merly established, and yet unrepealed ; nor by the govern- ment of the commonwealth of England. 24 At the same session Calvert County was erected, but in consequence of the loss of the records of that assem- bly no information concerning the original boundaries of the' county has come down to us from that source. 25 Although the contests between the rival powers in Maryland had resulted in open war, yet Lord Baltimore did Lt so readily give up his government Dating Juby 10 1656, he writes to all the inhabitants and people of the province that, for special reasons, he had revoked all com- missions by him, at any time, granted to Governor So, or to any other persons concerning the province of Mai>- aD< 26 " We have thought lit," continues his lordship under the same date, -to nominate, constitute, and appoint Josias Fendall, of the province of Maryland, our lieutenant and chief governor." , , . 27 On the 13th of August following the date of this appointment, before the news of the same could have reached Maryland, the provincial court, sitting in the name of the protector of the liberty of England, issued a proc- lamation concerning the newly appointed governor. 28 The court declared that Josias Fendall, gentle- man, had been charged by the commons the inhabitants of Maryland, upon declarations exhibited m court, that he, contrary to his oath taken to the protectorate gov- ernment, had openly acted to the disturbance of the pub- lic peace. For this end, he assumed a pretended powei THE GOVERNOR'S DECISION. 67 dissent ; but he did believe that the intent of the king in his lordship's patent was that the freemen, by writ as- sembled, either by themselves or their deputies, should make and enact laws, and those laws so made were to be published in his lordship's name, and then to be in full force. CHAPTER IX. 1659-1684. The Legislature of 1659.-Fendall's Eebellion against Lord Baltimore-Gov- ernor Calvert.— The Choptank Indians.— Death of Ceeilius, Lord Balti- more.— Charles, Lord Baltimore.— Council of Deputies. 1. In the afternoon session of the legislature, held at the house of Robert Slye on the 13th of March, 1659, the speaker of the lower hoii^e came and said that the lower could not allow the upper house to sit as such ; but, if the governor and council pleased, they might come and take place, in behalf of his lordship and themselves, as a part of the lower house. The governor and council, sitting as an upper house, informed him that, in such a case, the speaker must leave his place to the governor, who then would be president of the assembly. Upon this, the speaker and the lower house took time to consider. •>. On the 14th of March, the lower house demanded a further conference, and, being met, the speaker declared that they were content the governor should sit as president, but they would continue their speaker in the house also, and reserve to themselves the power of adjourning and dis- solving the assembly. Upon debate, the governor being willing to consent to these terms, he, with his two confeder- ates, Thomas Gerrard and Colonel Utye, took their seats in the lower house. 3. The upper house being dissolved, Governor Fendall gave up the remaining powers of government given to him by Lord Baltimore's commission into the hands of the pro- FENDALL'S REBELLION AGAINST LORD BALTIMORE. <;,) vincial delegates, and, in order to abolish his lordship's do- minion over the province, he accepted from them a com- mission as governor. 4. Colonel Utye, Thomas Gerrard, and the speaker of the house, Robert Slye, acted as the governor's council, and he gave his assent to several laws which were passed, amono- which was one against any disturbance in their newly or- ganized government. This law made it felony for any per- son to disturb the government of Maryland which they had thought fit to establish. Among other acts which they passed, was one commanding all persons to own no authority save that which came from the king of England or the "grand assembly" of the province of Maryland. 5. These men sheltered their rebellion against Lord Bal- timore under the name of the king about to ascend the throne of England, expecting thereby to overthrow all pro- prietary government in the province. 6. From the time of the beginning of the Puritan revo- lution in England to the time of the end of Fendall's rebel- lion in Maryland, ten years went by in which Lord Baltimore was almost entirely deprived of his government. 7. On the 8th of May, 1600, the Puritan government of England gave way to the restored government of the Stu- arts, and Charles II. was proclaimed king at Whitehall, where his royal father, grantor of the charter of Maryland, met his death at the hands of the executioner. 8. On the 24th of June, in the same year, Lord Balti- more appointed his brother, Philip Calvert, governor of Maryland. He was sworn in at the provincial court, held at Patuxent, on the 11th of December following ; and Fen- dall's rebellion was at an end. Fendall and certain mem- bers of his council surrendered themselves to the new gov- ernor, were indicted by a grand jury, tried, and found guilty. They were sentenced to banishment from the prov- ince, and confiscation of their estates, real and personal. jq THE HISTORY OF MARYLAND. 9. Upon their petition, however, to the governor and council, their sentence was commuted to a fine. They were also debarred from holding any office in the province in future, from being elected to any future assembly, and required to give security for their good behavior toward Lord Baltimore and his government, Their respective par- dons, under the new great seal of the province brought over from Lord Baltimore in 1658, by Fendall, are dated the 28th of February, 1660, next to the last month of the Julian year. It will be seen that the great seal generally called Fendall's seal sealed his own pardon. 10. Governor Calvert, through the hands of Lord Balti- more, received a letter from the king of England, dated July 3, 1660, commanding all magistrates and officers, and " all other his subjects," to aid and assist in the reestablish- ment of Lord Baltimore's right and jurisdiction within the province of Maryland. 11. The first legislature which held a session under Gov- ernor Calvert's administration met at St. John's, in St. Mary's County, on the 17th of April, and ended on the 1st of May, 1661. At this session an act was passed " concern- ing the setting up of a mint within the province of Mary- land." The freemen set forth in the preamble that the want of money was a great hindrance to the advancement of the colony, and prayed that Lord Baltimore would take order for setting up a mint for the " coining of money within the province." The money coined therein. was to be of as good silver as English sterling money. In compli- ance with the act, the mint was established. It turned out beautiful pieces of money called shillings, each piece weigh- ing "above nine pence in silver." These shillings were made a legal tender in payment of rents and other debts due to Lord Baltimore, and, in order to put the money in circulation, the law declared that every inhabitant should take some of it in exchange for tobacco at two pence a GOVERNOR CALVERT'S ADMINISTRATION. *-i pound. At this time there were twelve thousand inhab- itants in the province, and prosperity smiled upon Governor Calvert's administration. The people proclaimed Charles II. king, of whom the Earl of Halifax said : "He ruled as meekly as his father died." 12. In 1660 the province of Maryland was just enter mg upon a period of thirty years of peace and prosperity Down to this time Leonard Calvert, Thomas Greene Wil- liam Stone, Josias Fendall, and Philip Calvert had' filled the governor's chair in the province. In 1602, Hon Charles Calvert took the chair. He called a legislative assemblv which met at St. Mary's on the 1st and ended on the 12th of April. At this session, it was enacted that, in all cases in which the law of the province was silent, justice should be administered according to the laws of England, if pro- duced and pleaded. An act was also passed for the publi- cation of marriages, and for imposing a "fee upon them who shall be married." 13. Another legislative assembly met at St. Mary's on the loth of September, 1663, "in the thirty-second year of the dominion of the Right Honorable Cecilius, absolute lord and proprietary of the Provinces of Maryland and Avalon. In an act of this assembly negro slavery is men- tioned for the first time, and we find an act for erecting a pillory, stocks, and ducking-stools in every county in the province. This latter act was repealed in 1676. 14. Under the administration of Governor Calvert set- tlements were rapidly made along the Potomac, Patuxent, and Severn Rivers, extending also along the Patapsco as tar up as Elk Ridge, and crossing into Baltimore County Land in abundance was almost entirely given to actual set- tlers at the rate of fifty acres to every person in a family At this time the history of Maryland was not much more than the history of a great land market, in which many of the nations of the earth were represented. fro THE HISTORY OF MARYLAND. 15. Years of peace and prosperity glided along smooth- ly ; religions freedom prevailed ; and the Indians in great numbers embraced Christianity. 16. In 1669 an act for the continuation of peace with the Choptank Indians was passed by the legislature, and to provide for their protection as the " neighbors and con- federates " of the white settlers in Maryland. The act, on account of the fidelity of this tribe in delivering up some murderers, settled upon them and their heirs for ever all the lands on the south side of the Choptank River, " on the eastern shore of Maryland, bounded on the west by the freehold of William Darrington, and on the east by Secre- tary Sewell's creek for breadth, and for length three miles into the woods." This large tract of land was given away to the Indians by the direction and consent of Lord Balti- more, under the yearly rent only of six beaver skins. 17. In 1671 it was made known to the legislature that there never had been any settled course in the province for conveying lands from man to man, and that the titles of many persons to lands which they bought and paid for had become doubtful. Lawsuits had arisen, to the great loss and annoyance of the people. It was therefore enacted that all sales, sifts, or grants previously made by writings of any kind, with or without a seal, should be accounted good and available in law. As small as this matter appeared, it brought about much peace and harmony among the inhab- itants ; old feuds were forgotten, and many old- scores erased and forgiven. 18. In this year the legislature passed bills for the nat- uralization of foreigners, and numbers of them were made citizens and voters in the province. A duty of two shil- lings per hogshead was made payable by the masters of ships on all tobacco shipped from the ports of Maryland. On the first arrival of ships, and before taking any tobacco on board, the masters were required to give security tor the DEATH OF CECILIUS, LORD BALTIMORE. 73 payment of the duty imposed, on penalty of the forfeiture of all tobacco attempted to be shipped. 19. In 1674 an act was passed declaring that all deeds or instruments of writing, having for their objects the con- veyance of lands by sale or otherwise from one party to another, should be indented and sealed, and acknowledged in the provincial court of the province, before two of the privy council of the same, in the county court, or before two justices of the peace. 20. Whenever a married woman was a party to the con- veyance of land, the officer taking her acknowledgment was required to examine her " out of the hearing of her husband," as to whether she made such acknowledgment - willingly and freely, and without being induced thereto by any force or threats used by her husband or through fear of his displeasure. This wise provision of law afforded a precedent which was strictly observed in the conveyance of lands in Maryland for two hundred years. 21. On the 30th of November, 1675, the Right Honora- ble Cecilius Calvert, second Lord Baltimore, died, in the forty-fourth year of his dominion over the province of Maryland. It is not known when or where he was born. 22. John Calvert, son of Cecilius, was third Lord Balti- more, yet it does not appear that he succeeded his father as lord proprietary of the provinces of Maryland and Avalon. 23. Hon. Charles Calvert, who first appeared as governor at the April session of the legislature in 1662, was the son and heir of the estates of Cecilius, and was made Lord Bal- timore on the death of his father in 1675. He was the fourth in the line of Lords Baltimore, and for a short time ruled the province in person without a governor under him. He first appeared as Lord Proprietary in the legislature held at the city of St. Mary's from the 15th of May to the 15th of June, 1676. In 1678 he appointed Thomas 4 ^ THE HISTORY OF MARYLAND. Notley governor, and Philip Calvert, former governor, was made his lordship's judge " in testamentary causes." 24. In 1681 his lordship again assumed the government of the province in person, and presided over all the sessions of the legislature convened in the province from that year to the end of the vear 1684. During his administration commerce was active and profitable ; tobacco was raised and exported in great abundance ; money was in plenty, ships in demand, and wealth was pouring in upon the people. 25. In 1684, Lord Baltimore appointed a council of clep- uties to carry on the government of Maryland, and set sail for England. Of this council William Joseph was presi- dent, and they ruled the province under the nominal gov- ernorship of Benedict Leonard Calvert, infant son of the lord proprietary. CHAPTER X. 1684-1696. Charles II. King of England.— The Duke of York.— Protestant Revolution-— William and Mary, King and Queen.— Convention of Protestants.— City of St. Mary's.— Royal Government in Maryland.— Governor Copley.— Death of Queen Mary.— St. Mary's County. 1. Ox the 6th of February, 1684, Julian time, King Charles II. died. He was succeeded by his brother, the Duke of York, who was crowned king of England under the title of James II. In the time of the reign of this king, a writ was issued requiring Lord Baltimore to show cause why the charter of Maryland should not be forfeited ; but before a trial under the writ could be reached, the king was dethroned by the Protestant revolution, generally called the revolution of 1688. 2. The people of England having called William, Prince of Orange, and Mary his wife, to the throne, they were crowned King and Queen of England on the 11th of April, 1689, by the name of William and Mary. 3. On the 23d of August in this year a convention of Protestants met at St. Mary's, in the province of Maryland, by virtue of letters " from the several commanders, officers, and gentlemen associated in arms, for the defense of the Protestant religion," and asserted the right and title of their present majesties, King William and Queen Mary, to the province of Maryland. This convention elected a speaker, and proceeded to business. It was voted that the temporary laws of the province of Maryland should "stand 76 THE HISTORY OF MARYLAND. and continue revived for three years from their commence- ment." The convention adjourned, to meet on the 29th of September, 1690 ; and, coming together on that day, it passed an order prohibiting the exportation from the prov- ince of any Indian corn until the 10th of July following. 4. The government of Lord Baltimore was again at an end in Maryland. The royal government claimed the right to issue warrants for lands to actual settlers upon it. For these warrants certain fees were received. The agents of Lord Baltimore refused to issue patents for such lands under the great seal of the province, unless the fees were paid to the land officers under his direction. The royal government would not yield its point, and the consequence was that Lord Baltimore annulled his conditions of planta- tion. The provincial land office was therefore closed, and settlers on the lands of Maryland came in slowly. 5. To settle the difficulty, King William wrote to Gov- ernor Copley, dating "Whitehall, the 12th of November, 1691." 6. " Trusty and well-beloved," writes the king, " we greet you well. Whereas our right trusty and well-beloved Charles, Lord Baltimore has, by his humble petition, pre- sented unto us, that he has not received any benefit of our royal letter of the 1st of February, 1689, nor of an order of council of the 26th of February, 1690, both which gave him liberty by his agents in Maryland to collect his revenues and duties there ; that he is informed from his agents there, that, by reason of their long confinements there and other hardships in that province, they were rendered altogether incapable of acting for him, whereby he has received no returns from thence this last shipping. We. have thought fit upon consideration thereof, and at the humble request of the said Charles, Lord Baltimore, hereby to signify our will and pleasure to you, that you do take care, and give strict orders, as there shall be occasion, that GOVERNOR COPLEY. 77 Henry Darnall, Gent, who for several years has been the petitioner's agent and receiver in Maryland, as also such person or persons as the said Henry Darnall shall appoint, be permitted to live peaceably and quietly, and to act as formerly in receiving the said Charles, Lord Baltimore's dues and revenues in that province ; and our further pleas- ure is that no ships o" vessels be cleared in Maryland before the said. Lord Baltimore's agent and receiver-general shall have received his dues from the shipping there ; they be- having themselves peaceably, and with due submission to our government. And for so doing this shall be your war- rant, and so we bid you farewell." 7. The convention associated in arms for the defense of the Protestant religion, being in session on the 9th of April, 1692, Sir Lionel Copley produced and caused to be read a commission appointing him governor of Maryland. He immediately called an assembly of the freemen of the prov- ince, which met at St. Mary's on the 10th of May and ended on the 9th of June. 8. At this session an act was passed declaring that the Church of England, within the province, should have and enjoy all her rights, liberties, and franchises wholly inviola- ble, as established by law ; that Sabbath-breaking should be punished by a fine of one hundred pounds of tobacco for the use of the poor ; and that selling liquors on the Lord's day, or permitting tippling, drunkenness, or gaming, should be punished by a fine of two thousand pounds of tobacco. 9. On the 23d of February, 1692, a court was held at Whitehall, England, at which "the king's most excellent majesty " was present, together with " the lords of the com- mittee of trade and plantations." Sir Thomas Trevor, the king's solicitor-general, reported to the court that he found by an act of the assembly of Maryland, passed in 1661, that all ships or vessels not properly belonging to the province, but trading therein, should pay for port duties a pound of 78 THE HISTORY OF MARYLAND. powder and three pounds of shot, or so much in value, for every ton burden to Lord Baltimore and his heirs. These duties, said the solicitor, had been turned into money at the rate of fourteen pence per ton, and applied to the use of Lord Baltimore, and not to the use of the government. 10. "I conceive," said he, "by the words of the act, this duty belongs to Lord Baltimore, to be received by him and applied to his own use ; and it would be a thing of dangerous consequence to admit parole proof of an inten- tion in the lawmakers, different from the words of the law, by saying that the duty which the act calls 'A.port duty was intended to be a fort duty.'''' 11. The provincial legislature of 1692 passed an act imposing a tax of fourpence per gallon on liquors imported into the province, which was to be used in paying the sala- ries of councilors of state, justices of courts, and in repair- ing court-houses and jails. This act continued in force for three years from the date of its approval. 12. In 1693, Sir Lionel Copley, first royal governor of Maryland, died, and Sir Francis Nicholson was appointed to fill the vacancy. He called a session of the provincial legislature, which came together at St. Mary's on the 21st of September, 1694. 13. At this session an act was passed "for the en- couragement of learning, and the advancement of the na- tives of the province ; " and also an act prohibiting masters of ships or vessels, or any other persons, from conveying or transporting any person or persons out of the province without passes. 14. On the 18th of October in this year the assembly passed an act confirming all proceedings, judicial, military, and civil, from the death of " his Excellency Lionel Cop- ley," late governor and captain-general of Maryland, until the arrival of " his Excellency Francis Nicholson " in the province. DEATH OF QUEEX MARY. 79 15. At this session a law was made for erecting " Ann Arundel and Oxford towns" into ports and towns. The land called the town land at Providence on the Severn River, and the land at Oxford in Talbot County, were made ports of entry where all ships and vessels might come for entering and clearing. 16. It was ordered that one hundred acres of land should be laid out at each port, and marked, staked out, or divided into streets, lanes, and alleys, with open spare places left, on which might be erected a church, chapel, market-house, or other public building. The law provided that a jury of freeholders should be impaneled to ascertain the real value of the land and pay the owners for the same. Purchasers of lots in these towns were granted in them a perpetual in- heritance, as well as their heirs and assigns for ever ; and the deeds given to purchasers were made good " even against Charles, Lord Baron of Baltimore, and his heirs and successors." The lots consisted of one acre of ground, and were held at an annual rent of one penny per acre, payable to Lord Baltimore and his successors in the line of barons. IT. The legislature of 1694 imposed a tax of fourpence per gallon on liquors imported into the province, which was to be used for building and repairing court-houses, free schools, and bridewells. Another law forbade the carrying of liquor to the Indian towns and cabins ; and at this ses- sion steps were taken toward the erection of a court-house in " Ann Arundel town," now Annapolis. A supplicatory act to the king and queen of England was also passed, pray- ing for the erection of free schools in the province, and another act for the encouragement of such persons as might build water mills. 18. On the 28th of December, 1694, Queen Mary died in England, and the province of Maryland passed under the government of her husband, who reigned alone as King William III. 80 THE HISTORY OF MARYLAND. 19. On the 22d of May, 1695, an act was passed, repeal- ing the acts of 1692 and 1694, which established the Prot- estant religion in Maryland. In the same year it was enacted " that the two ports of Ann Arundel and Oxford should be called and known by the names of Annapolis and WiUicnnstadt. n 20. At the May session of the legislature in 1695, it was enacted that, from and after the 23d of April, 1696, the bounds of St. Mary's County should begin at Point Look- out, and extend up Potomac River to the lower side of Budd's Creek, and over, by a straight line drawn from the head of the main branch of said creek, to the head of Indian Creek in Patuxent River ; including all that land lying be- tween Patuxent and Potomac Rivers, from the lower part of the said two creeks and branches of Budd's and Indian Creeks, by the line aforesaid and Point Lookout. Upon the upper side of Indian Creek and Budd's Creek, the bounds of Charles County should begin, where the upper bounds of St. Mary's end, and extend upward as far as Matta woman Creek and branch, and bounding on the said branch by a straight line drawn from the head thereof to the head of Swanson's Creek in Patuxent River. These boundaries in- cluded all that land lying on the upper part of Budd's Creek and Indian Creek branches, where St. Mary's County ends, to the lower side of Mattawoman Creek and branch, and Swanson's Creek and branch, between Patuxent and Potomac Rivers. 21. The land from the upper side of Mattawoman and Swanson's Creek and branches, extending upward, bounded by Potomac on the west, and Patuxent River on the east, was erected into a county called Prince George's County, which should, after the 23d of April, 1696, being St. George's day, enjoy all rights and benefits equal with the other coun- ties of the province. 22. In 1696 the island of Kent was added to, and made KENT COUNTY. 81 a part of, Talbot County. The part of this county lying on the north side of Corsica Creek, running up the main eastern branch of the same, and then with a course drawn east to the outside of the province, was to be the southern boundary of Kent County ; the boundary of Cecil County being the boundary of Kent on the north. CHAPTER XL 1696-1704. Provincial Schools. — Governor Nicholson. — Annapolis incorporated. — The State-house. — " Fountain of Healing Waters." — Rolling Roads. — The Indians. — Death of King William. — " Toleration and Ease." — State-house burnt. 1. At a session of the general assembly of Maryland, held at the port of Annapolis on the 1st of July, 1696, an act was passed petitioning the king of England to establish a school in the province, which should be free, and in which " Latin, Greek, writing, and the like, should be taught and studied." 2. " From the sincerity of our humble and loyal hearts," reads the preamble to the act, " we offer to your sacred per- son our most dutiful and sincere thanks for your royal care and protection to us ; for your majesty's princely zeal and pious care of our mother, the Church of England, and for extending your royal benediction to our neighboring col- ony, your majesty's subjects and territory of Virginia in your gracious grant and charter for the college or place of study in that colony. 3. "In humble contemplation whereof, and being ex- cited by his present excellency, Francis Nicholson, Esquire, your majesty's governor of this your province, his zeal for your majesty's service, pious endeavors, and generous offers for the propagation of Christianity and good learning, herein we become humble suitors to your most sacred ma- jesty to extend your royal grace and favor to your ma- GOVERNOR NICHOLSON. §3 jesty's subjects of this province, represented in this your majesty's assembly." 4. The act was passed and approved by King William. It was intended for the spread of the gospel, and the edu- cation of the youth of Maryland in " good letters and man- ners." It provided for schools in all the counties, each to accommodate one hundred scholars, more or less, with one master, one usher, and one writing-master, or scribe, to each school. It was prayed that the Lord Archbishop of Canter- bury, England, might be made chancellor of the schools, and Governor Nicholson president of a board of trustees. One of the schools was to be located at Annapolis, and others at such places as the general assembly of the pro- vince might think convenient to be supported and main- tained " in all time coming." 5. It was enacted that one hundred and twenty pounds sterling, or about six hundred dollars, should be annually appropriated out of the public funds of the province for the payment of the salaries of the master, usher, and scribe of each school, and for keeping the buildings in repair. The buildings themselves were to be erected at the public ex- pense, and the board of managers incorporated in the name of the " rectors, governors, trustees, and visitors of the free schools of Maryland." The board Avas to consist of eighteen men, and never more than twenty, and each man was to be sworn into office. The law provided a seal for the corporation, which the governors and visitors had leave to break, change, and renew from time to time at their pleasure. 6. The first school was to be built at Annapolis, the second at Oxford, or Williamsfadt, and, after building and' furnishing the second house, the trustees were required to build others as fast as they were enabled. King William's school at Annapolis was built, furnished, and put in opera- tion, partly by the public funds and partly by donations ; g£ THE HISTORY OF MARYLAND. but after this we hear of no more activity on the subject for a number of years. 7. At the September session of the legislature of 1696 an act was passed incorporating the city of Annapolis. The body corporate consisted of Governor Nicholson, Thomas Lawrence, Nicholas Greenberry, Thomas Tench, John Ham- mond, Edward Dorsey, James Saunders, and Richard Hill, or any five of them, to act in the name of the trustees of the port and town of Annapolis. 8. The most remarkable roads or highways in the prov- ince of Maryland were known by the name of "rolling roads." They were made by cutting down the timber, grubbing up the roots of the trees, and grading the ground to a level, if possible. The surface of the road was made hard and smooth, so that barrels, hogsheads, logs, and even houses on rollers, could be conveniently rolled over them. 9. In 1696 Governor Nicholson caused four rolling roads to be marked and cleared "for the rolling of tobacco or goods by land." One was laid out between Patuxent River and South River, beginning at a great branch called Sock- et's Run, and running thence northeast by east live mdes, six furlongs, and sixteen poles, to a creek in South River called Beard's Creek. , ? 10. Another began in a cove of a creek called Baldwin s Creek and ran thence northeast one mile, one furlong^to the head of Ship Creek. Another began at Severn River below Eagle Nest Bay, and ran to the northward of the northeast one mile, one furlong, and twenty-five poles, to a creek in Magothy River called Clark's Creek. 11 The fourth road began at the Magothy River side above the mouth of a cove called Wood's Pastime Cove and ran thence east-northeast one mile, six furlongs, and thirty poles, to a creek in Patapsco River called Rock Creek. 12! These roads were made legal by an act of the legis- THE STATE-HOUSE. g- lature ; and it was made lawful that they should be kept cleared and grubbed as other public roads, and that the trustees of the county in which such roads were located should purchase at the public expense one acre of land at each end of every road, on which warehouses should be erected for the storage of goods. These roads were mostly used for rolling tobacco, packed in hogsheads or casks, to market at the shipping ports in the province. 13. The act to incorporate the town of Annapolis pro- vided for the holding of fairs and markets in the town, and that all persons attending them should not be subject to arrest thereat, except in cases of treason, murder, or felony. 14. In 1(39? the state-house in Annapolis was finished, and the rooms therein were fitted up with "boxes, shelves^ desks and tables to write on " ; and at the door of every office in the building a bar was made, within which no per- son was allowed to come but the clerk of such office, unless upon very urgent occasion. 15. In 1698 the boundary line between Baltimore and Anne Arundel Counties was determined and fixed. It be- gan at three marked trees, a white oak, a red oak, and a chestnut, standing about a mile and a quarter to the south- ward of Bodkin Creek, on the west side of the Chesapeake Bay. The red oak on the right hand was marked for Bal- timore County ; the chestnut on the left hand for Anne Arundel County; and the Avhiteoak stood between them near a marsh or pond. 16. From these the line dividing the counties ran west un- til it crossed the road from " the mountains " of the mouth of Magothy River to Richard Beard's mill. Thence continu- ing westward with the said road to William Hawkins's path, to two marked trees, one for Anne Arundel County and the other for Baltimore County. Thence running along the said road to John Locket's path to two trees ; then leaving 86 THE HISTORY OF MARYLAND. the road by a line drawn west to William Slade's path to two marked trees. Thence running west between the drafts of Magothy and Patapsco Rivers, until it came to a mountain of white stone rock, and still running west to a road going to Patapsco, to two marked trees at Peter Bond's. 17. From the latter place the line ran west to the main road leading to Patapsco ferry to two marked pine-trees standing near the Ready Branch, on the north side of which was written at large, "Baltimore County," and on the south side, " Anne Arundell County." Prom this point the line ran about northwest to Elk Ridge road, to two marked trees, and thence by the same course to Patuxent River. Up and along the river it ran to the source or fountain, for Baltimore County. All the land on the north side of this line was Baltimore County, and all on the south side to the ancient extent of Anne Arundel was Anne Arun- del County. 18. In 1698 an act was passed to empower certain trus- tees to purchase lands adjoining " The Fountains of Heal- ing Waters, called the Cool Springs," in St. Mary's County, for building houses for such poor and impotent persons as should repair to the springs for cure. The act was par- tially carried into effect, and Governor Nicholson caused Episcopal service to be held there every week and Bibles and prayer-books to be given to the poor. The place is now known as Charlotte Hall. 19. In 1698 Governor Nicholson was appointed gov- ernor of Virginia, and Nathaniel Blackiston, Esquire, took the governor's chair in Maryland. 20. A mail route, connecting Williamsburg and Phila- delphia, was opened through Maryland in 1695 and 1696 by way of Annapolis, Kent Island, Oxford, and Newcastle, Delaware. 21. On the 28th of June, 1699, Governor Blackiston met INCREASE OF POPULATION. S7 the legislature of the province at Annapolis, and an act was passed providing for "the more speedy conveyance of the public letters and packets ; for marking highways, and making the heads of rivers, creeks, branches, and swamps passable for horse and foot." 22. In this year Annapolis was made, by law, the chief place and seat of justice within the province for holding assemblies and provincial courts, and, in the same year, the state-house was struck by lightning, and the roof set on fire. The legislature being in session at the time, several of the delegates were struck down, and one of them was killed. 23. In the year 1700 Maryland had made sixty -six years of history. She had gone through two remarkable rebel- lions against the rightful authority of Lord Baltimore and two none the less remarkable revolutions. It is true that in this year his lordship's prospects were still shadowed by uncertain clouds, yet settlers of a good class were still pour- ing into the province ; the naturalization of foreigners went freely on ; and great and good men, born on the soil, had grown up to lead, direct, and govern. 24. Since 1670 her population had increased from twenty thousand to forty thousand, and the wisdom and virtue of her people were subjects of general notice. Her three royal governors, who had held office since 1692, were Christian gentlemen, able rulers, and hard workers in the cause of human progi'ess. They encouraged professors of religion ; opened rolling roads to help the poor farmer bring his prod- uce to market, stage and wagon roads for the public con- venience, and mail routes over which the stage and the post rider rapidly conveyed the news from friend to friend. 25. In 1700 the Indians were quiet and peaceful, giving the settlers no trouble, save for encroachments now and then made upon their hunting-grounds. It was thought necessary, however, to pass a law for quieting differences that might arise "between his majesty's subjects in the 88 THE HISTORY OF MARYLAND. province and the several nations of Indians of what places soever." This was accordingly done at the session of the legislature begun at Annapolis on the 26th of April, 1700 ; and another act was passed at the same session, "for the security of the frontier plantations against the incursions and violence of Indians." 26. The first legislature of 1701 met on the 8th and ad- journed on the 17th of May. It passed an act for speedily obtaining execution against persons flying out of the coun- try where judgment was given against them, and another for the naturalization of foreigners. On the 16th of March, 1701, the last month in the Julian year, another session was begun, and ended on the 25th of the same month, being New Year's day, 1702. 27. In the preamble to an act passed at this session, it was declared that in well-grounded commonwealths matters concerning religion ought to be taken into consideration. By this act, faithful and able ministers were invited to come into Maryland, and the people were taxed to the amount of forty pounds of tobacco per year on each free- man for their support. It was enacted that no minister, priest, or magistrate should join together in marriage any persons contrary to the " Table of Marriages " «known to the Church of England. A violation of this law by any such minister, priest, or magistrate was made punishable by a fine of five thousand pounds of tobacco. 28. In a parish where a minister or priest resided, it was made unlawful for anyjustice of the peace or other lay- man to perform the marriage ceremony ; and a violation of the law was made punishable by a fine of five thousand pounds of tobacco for the use of the king of England. 29. On the 8th of March, 1702, William III., king of England, died at Kensington Palace, in the fifty-second year of his age and" the fourteenth of his reign. Anne Stuart, second daughter of King James II., took the crown "TOLERATION AND EASE." 89 of England by the name of Queen Anne, and the govern- ment of Maryland passed under her rule. 30. In this year the legislature of the province granted " toleration and ease " to all Protestant dissenters from the Church of England, and liberty to the people called Quakers to make solemn affirmation instead of an oath in delivering o testimony in courts of justice. 31. The legislature of 1703 opened on the 26th and closed on the 29th of October. Thomas Tench occupied the governor's chair as president. At this session no busi- ness worthy of mention here was done beyond an act to revive certain laws and make assessments for the year. 32. At the session which met on the 26th of April, and ended on the 3d of May, 1704, John Seymour appeared and took his seat as governor of Maryland. 33. In this year daily experience showed, and the people of the province were made sensible of the fact, that for the want of water mills tillage of the ground was neglected. It was seen that certain persons who owned land upon which there were good mill sites either refused to sell it to a person who would build a mill, or build one himself ; or that the site might be in the hands of a person under age, or owned by some one unable to bear the charges for build- ing a mill. 34. A law was, therefore, passed to condemn lands for building mills, and pay for them out of the provincial treas- ury, in case the owners of good mill sites refused to build a mill thereon in one year from the date of the law. 35. For the prevention of abuses frequently committed by persons keeping water mills, it was enacted that no mas- ter, owner, miller, or other person belonging to or owning a mill in the province, should ask or receive for grinding a bushel of corn more than one-sixth part of the same, nor more than one-eighth part of a bushel of wheat, upon pen- alty or forfeiture of one thousand pounds of iobacco. 90 THE HISTORY OF MARYLAND. 36. It was further enacted that all roads leading to Annapolis should be marked on trees with the letters AA, done with marking irons and colored ; the roads that led to the port of Williamstadt on the eastern shore, by a smooth place cut on the face of trees on which was marked the letter W. Roads that led to court-houses were marked by two notches on trees on both sides of the road, and STATE-HOUSE, ANNAPOLIS. roads leading to churches were marked by a slip cut down the face of a tree, near the ground. STATE-HOUSE BURNT. 01 37. As often as necessary, dead trees were required to be cut down on each side of public roads, that limbs hanging overhead might not fall and injure travelers. At the ses- sion of 1704 an enlightened policy prevailed, and a great number of acts, similar to those already mentioned, were passed for the benefit of the people at large, and not for the politicians ; and the people themselves were builders, plant- ing broad and firm foundations, not for their days alone, but for future generations. 38. In 1704 the state-house at Annapolis was consumed by fire, together with most of the records of Anne Arundel County. In the same year an act was passed to rebuild it of brick, and it was finished in 1706. While building, the legislature held its sessions in the house of Colonel Edward Dorsey. CHAPTER XII. 1704-1710. Conspiracy against the Government of Maryland. — Counties erected. — Joppa, in Baltimore County. — The Nanticoke Indians. — Tobacco a Currency. — Death of Charles Lord Baltimore. — Governor Hart. 1. The legislature of 1705 met at Annapolis on the 15th, and ended on the 25th of May. At this session it was made known that a conspiracy had been formed to seize the provincial magazine of arms and ammunition, as well as the person of Governor Seymour, overthrow the government of Queen Anne in Maryland, and bring the " heathen Indians," with the conspirators, to cut off the in- habitants of the province. An act of outlawry was passed against the chief conspirator, which was to be enforced un- less he surrendered himself within twenty days. He failed to do so, and the act remained in full force against him. Maryland narrowly escaped another rebellion. 2. In 1706 the boundaries of Talbot County were de- scribed and settled. From and after the 1st of May, 1707, the bounds were to include Sharp's Island, Choptank Island, and all the land on the north side of Great Choptank River, and extend itself up the river to Tuckahoe Bridge. From thence with a straight line to Swetnam's mill, and from thence, down the south side of Wye River, to the mouth thereof ; from thence down the bay to the first beginning, including Poplar and Bruff's Islands. 3. In 1706 the county of Queen Anne's was described and named after Anne, Queen of England. During the reign COUNTIES ERECTED. 93 of this queen England and Scotland were united by an act of Parliament under the name of Great Britain. She was, therefore, generally called the Queen of Great Britain. 4. From and after the 1st day of May, 1707, Queen Anne's County in Maryland was to be within the bounds in- cluding Kent Island, and all the land on the south side of Chester River to Se well's branch, and with the said branch, to its head. From thence with an east line to the extent of the province, and bounded on the south by Talbot County to Tuckahoe Bridge. From thence with Tuckahoe Creek and Choptank River to the mouth of a branch falling into that river, called White Marsh branch, and thence with a northeast line to the extent of the province. 5. The bounds of Kent County were described in the same year. They began at the south point of Eastern Neck, and ran up the bay to Sassafras River, thence up this river to the south end of " Long Horse Bridge," and thence by a southeastern line "to the exterior bounds of the province." Thence with the said bounds until they intersected the line of Queen Anne's County, and with the said county down Chester River to Eastern Neck, where they first began. 6. At the session of 1700, it was also enacted that Cecil County should contain all the land on the north side of Sas- safras River and Kent County, and be bounded on the east and north by the exterior bounds of the province ; on the west by the Susquehanna River and Chesapeake Bay, and on the south by Sassafras River and Kent County. 7. Commissioners were appointed to cause the bounds of these counties to be surveyed and marked by double lines of marked trees, and they were directed to lay out and pur- chase, at the valuation of a jury, two aci-es of land in each county whereon to build court-houses. 8. In 170G an old act of Parliament passed in the reign of King James I. was revived by the Maryland legislature and recorded among the laws of the province. Its title was, 94 THE HISTORY OF MARYLAND. " An act to restrain all persons from marriage until their former wives and former husbands he dead." 9. In this year hemp of the growth of the province was made a currency, to circulate at the rate of sixpence per pound, and flax at ninepence, in the payment of the one- fourth part of any debt ; and creditors refusing such a cur- rency, and afterward suing for the amount of the debt, were to be non-suited, and thrown into the cost of the pro- ceedings. 10. At the meeting of the legislature in 1707, there were twelve counties in Maryland, and all represented. They were : St. Mary's, Kent, Anne Arundel, Calvert, Charles, Baltimore, Somerset, Talbot, Cecil, Dorchester, Prince George's, and Queen Anne's Counties. Ports of entry were made in all the counties where ships and vessels might dis- charge and put on shore, " all negroes, wares, goods, mer- chandise and commodities whatsoever." 11. In this year an act was passed for building the court-house at Joppa, in Baltimore County, on the land of Anne Felks, called Taylor's Choice. Queen Anne vetoed this act, but before the fact was known in the province the county commissioners had advanced nearly to the comple- tion of the building, and it was therefore finished and made legal by an act passed in 1712. 12. An act passed in 1707 required that the agents of Lord Baltimore, acting for him in the province in granting lands, should hang up in the secretary's oftice all such instructions as they had from his lordship concerning the people of Maryland. These agents were also required to show a list of fees received, or to be received by them, for services done, or to be done, for the people, that the lists might be ex- amined by the councilors and justices of the province, and lessened as they saw fit. 13. If Lord Baltimore's surveyors should see fit to sur- vey any lands before taking the oaths to the government of GOVERNOR LLOYD. 95 Queen Anne, they were required to forfeit one hundred pounds sterling. This law was to remain in force until the queen's pleasure should be declared in council, where his lordship might be heard. 14. The legislature of 1708 met at " the city of Anna- polis " on the 29th of November, and adjourned on the 17th of December. Annapolis was made a city in that year, and was thereafter so known in Maryland. 15. The charter of the city of Annapolis was dated the 22d of November, 1708, in the seventh year of the reign of Queen Anne ; sealed with the great seal of her majesty's province, and signed with the " sign manual " of his excel- lency John Seymour, captain-general and chief governor of Maryland. 16. At this session an act was passed to fix the value of certain foreign coins in circulation in Maryland, and it was declared that there was little other money in the province than the dollars commonly called " dog dollars," and the value of these was fixed at four shillings and sixpence. 17. At the session of 1709, begun the 26th of October and ended the 11th of November, Edward Lloyd appeared as governor of the province. An act was passed " appoint- ing how long suspected runaways should lie in prison, and for the discharge of Indian Harry, a prisoner in Somerset County." An act was also passed for the relief of poor debtors and languishing prisoners. 18. The session of 1710 commenced on the 24th of Oc- tober and ended on the 4th of November. An act was passed for building a court-house for Talbot County at "Armstrong's Old Fields, near Pitt's Bridge," and an- other for continuing the court of St. Mary's County in the "new court-house at Seymour-Town," otherwise "Shep- pard's Old Fields." 19. In 1711 it was enacted by the queen's most excellent majesty, by the consent of her provincial president, Edward 96 THE HISTORY OF MARYLAND. Lloyd, that three thousand acres of land, in (Somerset County, be laid out for the use of the Nanticoke Indians. For this purpose a commission was appointed, to consist of Colonel George Gale, Captain Charles Ballard, Samuel Worthington, and Benjamin Wales, names destined to be well known in the future history of Maryland. 20. The land was laid out on Broad Creek in that coun- ty for the sole use of the Indians, so long as they might be pleased to remain upon it. The land was valued by the commission, and the value paid to its owners out of the provincial treasury. The title to the land was, by law, vested in Colonel Thomas Ennalls and Colonel George Gale, and their heirs, who held it in trust for the Indians. When the Indians retired from the lands in search of better hunt- ing-grounds, it became the property of the province. 21. It will be noticed that the royal government of Maryland was none the less careful of the Indians than the government of Lord Baltimore had been, and, on account of the justice and forbearance toward them on the part of both governments, settlers had but little trouble with them during the provincial period. 22. On the 28th of October, 1712, the legislature met at the city of Annapolis, President Lloyd in the governor's chair. 23. An act was passed to prevent the inhabitants of the province from selling liquor to the Indians, and to prevent the spread of false rumors calculated to incite differences be- tween them and the queen's subjects settled in the prov- ince. 24. In this year it was brought to the notice of the gen- eral assembly of the province, that persons keeping board- ing-houses for sailors, and other public houses, had made it a practice to draw in and entertain the seamen, to their ruin and the delay of commerce. A law was passed to punish such practices, as well as several other acts for the advance- \ TOBACCO A CURRENCY. 97 ment of trade and commerce at the several ports of entry in the province. 25. In 1713, laws were passed concerning the convey- ance and care of public and private letters. It was made the duty of the sheriff of one county to carry and deliver public letters to the sheriff of another. All public let- ters were to be endorsed with the words " For Her Maj- esty's Service" ; and any person so endorsing a private letter was made liable to a tine of five hundred pounds of tobacco. :2G. Persons breaking open private letters without leave were made liable to imprisonment for six days, and to a fine of five pounds sterling, and persons breaking open public letters were made to suffer two months' imprisonment and a fine of twenty pounds sterling. 27. Tobacco being a currency in the province, inspectors of that article, called " viewers," were appointed by law to view all tobaccos as to their grade or quality before they were offered in payment of debts. Tobacco refused by a creditor when tendered in payment of debts might be viewed by two disinterested parties, to be appointed by a justice of the peace ; and if, upon viewing the same, it should be found clean, sound, and merchantable, and fit to be offered in payment of debts, it was so marked on the head and bulge of the hogshead which held it. This mode of pro- ceeding was final, and the creditor had no right of appeal. If he should afterward sue for his money or for better to- bacco, he was non-suited. 28. With respect to lawsuits in the provincial courts, it was, in 1713, enacted that no execution upon judgment could be stayed on appeal or writ of error before security be given by the appellant for debt, costs, and damages likely to accrue from the suit. No appeal to the provincial court could be made on debts for less than six pounds sterling, or twelve hundred pounds of tobacco, nor from the provincial 5 98 THE HISTORY OF MARYLAND. court for less than fifty pounds sterling, or ten thousand pounds of tobacco. 29. Appeals brought up on writs of error from the pro- vincial courts were to be heard by the governor and coun- cil, as a superior court, which was to convene as such " out of assembly time." In case of the absence of the gov- ernor, the council itself could act as a superior court, the first of the council in commission acting as president. 30. At a session of assembly, begun and held at the city of Annapolis on the 22d of June, and ended on the 3d of July, 1714, being the thirteenth year of the reign of "Lady Anne," queen of Great Britain, John Hart appeared and took the provincial governor's chair. 31. The people of Maryland had been greatly damaged by the war which broke out between France and England in 1702 about the Spanish succession, and during Governor Hart's administration active steps were taken in the direc- tion of their relief. It is alleged that many of the people " were utterly ruined," not only by losses at sea of their to- bacco, taken by the enemy, but also by the shutting up of the European markets. 32. Very many honest and industrious planters, on ac- count of expenses for agricultural implements and clothing, had become vastly indebted, and no means of relief had yet arrived ; no prospect as yet appearing whereby they might escape from their reduced circumstances. They complained of being sued for debts brought to Annapolis from distant parts of the province, to their manifest oppression and hin- drance from bringing about the means for discharging their obligations. 33. Many of the people were deserting their old habita- tions and removing to other plantations and colonies, and the queen of Great Britain was therefore losing much of her revenue from customs paid on tobacco. This state of things called for some speedy remedy, and the legislature DEATH OF QUEEX ANNE. 99 ordered that all suits should be brought in the eounty courts on considerations not exceeding twenty pounds sterling or five thousand pounds of tobacco. 34. No suit was to be brought on bond in any other than the county court unless the real sum in the condition amounted to sums in money or tobacco, as above stated, If any drawer or endorser of a bill of exchange should be sued in any court of the province, the attorneys prosecuting or defending the action were not allowed to take more than one lawful fee, even if there were two or more endorsers and the drawer as parties to the suit. 85. It was made lawful for the plaintiff in a suit, if oc- casion should require it, to put into any one writ two or more defendants residing in one county, without paying the fees for more than one writ, or in any manner making extra, cost over the legal charges for a single writ. 36. In 1714 a number of acts to relieve the people from annoyance and delay in petty lawsuits were passed and ap- proved. They felt relieved ; the wisdom and benevolence of their rulers Avere manifest, and prosperity, safety, and confidence were once more restored to them. 37. On the 1st of August, 1714, Anne, queen of Great Britain, died, in the thirteenth year of her reign. In her private capacity, she was virtuous, charitable, and a perfect model of piety. As a sovereign, she was easy, kind, and generous. Her death was extremely regretted by most of her subjects, and especially by the people of Maryland, who had loved her with filial affection during the whole course of her reign. 38. In this year also, on the 24th of February, Charles, Lord Baltimore, who had been deprived of the government of Maryland for a quarter of a century, died in England in the eighty-fifth year of his age. His titles and his province descended to his son Benedict Leonard Calvert, fifth lord, who did not live long enough to enter upon the duties of the 100 THE HISTORY OF MARYLAND. government of Maryland. He died on the 5th of April, 1715, leaving his title and estates to his minor son, Charles Calvert, under the guardianship of Lord Guilford. 39. On the 20th of October, 1714, George Lewis was crowned king of Great Britain, under the title of George I., as successor of the late Qeeen Anne, and Governor Hart, finding a friend in his majesty, was continued in office as the governor of Maryland. 40. In Charles Calvert, born on the 29th of September, 1099, is recognized the sixth Lord Baltimore. 41. " Charles, absolute lord and proprietary of the prov- inces of Maryland and Avalon," writes Lord Guilford, in 1715, " Lord Baron of Baltimore in the kingdom of Ireland, a minor, to all persons to whom these presents shall come, greeting. Know ye, that, reposing special trust in Charles Carroll of our province of Maryland, esquire, we have ap- pointed him to be our chief agent, naval officer, and receiver- general of all our rents, arrears of rents, fines, forfeitures, tobaccos, or moneys due, or to be due to us, within the said province." 42. In the ancestral name of Charles Carroll, which is found so far back in the early history of Maryland, we be- hold the name of another individual destined to appear on the great stage of a coming revolution. In the stormy infancy of the province the germs of national independence were planted, and they took early and vigorous root in the pure principles of the men of 1715. 43. In this year, the members of the legislature made " a most joyful and just recognition of the immediate, lawful, and undoubted succession and right of the crown of Great Britain, and of the kingdoms and dominions thereunto be- longing." 44. " We express our joys," said the members in the preamble to an act, " that upon the decease of our late sovereign lady, Queen Anne, of pious memory, the imperial GOVERNOR HART. 101 crown of the realm, by lawful succession in the true Prot- estant line, belonged to your majesty." 45. On account of these expressions of loyalty to the king of England by the representatives of the people of Maryland, he became very kindly disposed toward them, and at the instance of Lord Guilford restored the govern- ment of the province to the minor Lord Baltimore, with all the rights and privileges named in the original charter granted to Lord Cecilius, in 1632. 46. The minor Lord Baltimore having been educated in the Protestant religion, there was no difference between him and the king on this subject, and the province w T as re- stored to him as an act of right and justice. 47. From 1692 to 1715 the government of Maryland w T as ably administered by five royal governors, Lionel Cop- ley, Francis Nicholson, Nathaniel Blackiston, John Sey- mour, and John Hart. Sir Edward Andros assumed the government, in 1692, as acting governor, until the arrival of Governor Copley from England. 48. Friendly relations existing between the king, the lord proprietary, Lord Guilford, and Governor Hart, the latter was made the proprietary governor of Maryland, and he appeared as such at the meeting of the provincial legis- lature on the 17th of July, 1716. 49. The first steps taken on the restoration of the pro- prietary government were in the direction of the preserva- tion of the provincial records. These had been much worn and damaged by time and careless handling. Many of them were lost and others mutilated in their removal from the old state-house at St. Mary's to Annapolis. The clerks to whom they had been intrusted had failed to keep the books in proper order ; some needed repairs, and it was necessary to copy the contents of others into new books. 50. Colonel Samuel Young, Joseph Hill, Benjamin Tas- ker, and John Beale were appointed to inspect the decays 1()2 THE HISTORY OF MARYLAND. and defects of all the records of the land office, the secre- tary's and commissary's offices, and to report as to all proper repairs of books, files, and furniture therein. The heads of the offices above mentioned were, after the in- spection and repair of the records, required to give bond and security for their safekeeping in future. 51. In 1716 all fees, fines, and forfeitures which, under the royal government, had been made payable to the crown, were turned into the treasury of Lord Baltimore, and all lawsuits formerly entered in the name of the king's most excellent majesty were now entered in the name of the right honorable Charles, absolute lord and proprietary of the provinces of Maryland and Avalon. 52. In this year it was discovered to the legislature that the people of the province had been greatly damaged and abused in their estates by sheriffs, who by virtue of writs had taken more goods in execution than were neces- sary to satisfy the debts to be collected. They were charged with keeping goods so taken a long time in their custody, under pretense of want of buyers. On this account the goods became injured, so that, when exjjosed to sale, some of great value did not bring one-tenth part of that value, to the great loss of both debtor and creditor, and to the ruin of some families. These abuses were promptly corrected. 53. Goods taken by a sheriff, therefore, were ordered to be appraised, and notice thereof given to the creditor, who was compelled to receive so much in satisfaction of the debt as, according to the appraisement, should amount to the debt and costs. If this should be refused, the sheriff had the power to return the goods to the debtor, and this act was then made a perpetual bar to the claim of the creditor. 54. It was the law, also, that no slaves, plate, or jewelry should be seized in the hands of an executor. 55. Reforms in all the departments of government, law, LIBERAL LEGISLATION. 103 and business were strictly made and insisted upon by Lord Guilford, Governor Hart, and the members of both houses of assembly. The people felt great relief, and tracks, large and small, made upon the smooth roads cut through the wilderness of woodlands, pointed to the church on the way- side and the log school-house in the grove. 56. The public-school system, as it existed about the be- ginning of the year 1717, displays a commendable solici- tude for the cultivation of the minds and morals of the youth of the province. In the absence of collegiate insti- tutions, private schools, conducted by learned men of all creeds, laid the foundation of scholastic knowledge. The more affluent youth were educated abroad ; but the old log school-house and the winter fireside developed the germs of science, and produced a race of men with large capacities for public affairs. 57. Three quarters of a century had gone by since the foundations of the old city of St. Mary's were laid ; and old settlers, who had buried their honored dead in provincial soil, felt that Maryland was, indeed, their home and fireside. 58. From these considerations, patriotism took deep root, and especially did it gain force in view of the churchyards and the ruins of the old city of St. Mary's, now almost abandoned to the moles and the bats. 59. At the May session of the assembly of 1717, a law was passed to punish counterfeiting the great seal of the province, the seals-at-arms, any other public seal, or the sign-manual of Lord Baltimore. Any person so offending was to be sentenced to a forfeiture to the lord proprietary and his heirs of all his goods, lands, and tenements in his possession at the time of committing the offense, one half to be applied to the support of a public school in the county in which the offense was committed. 60. The law inflicted the same punishment upon any person who might "steal away any of the true seals of 104 THE HISTORY OF MARYLAND. the province," and, in addition to the punishment already named, the offender was to he whipped with thirty-nine lashes, stand in the pillory two hours, and then be banished from the province. The seals were never counterfeited or stolen after the passage of this act. 61. It was at this time regarded as of dangerous con- sequence to admit as evidence in any of the courts of rec- ord, or before a magistrate, the testimony of any negro, Indian slave, or free Indian native, and a law was passed admitting such evidence against one another, but not against any Christian white person. CHAPTER XIII. 1717-1728. Settlements on the Potomac River. — Indian Names. — Governor Calvert. — Friends, or Quakers. — Towns in Maryland. 1. In 1717 settlements had dotted the soil of Maryland as high up as the Great Falls of the Potomac, and extended across to the Pennsylvania line. All the eastern shore was settled, except certain reservations for " manors " and for Indians. Surveys, intended for grants, were being made as high up as the Monocacy River, called by the Indians Me- nag-as-si, or Me-nak-as-si. These words are derived from Mas-ka-ne, strong and rapid, and Ok-ke-han-ne, a crooked or winding stream. They have been modernized into Mono- cacy, which signifies " a rapid stream containing several great bends or windings." 2. Surveys and grants had also been made on Great and Little Senegar, extending along the Potomac from the falls of Senegar to the "mouth of Monocacy." Senegal*, now called Seneca, was known to the Indians as Shin-nik-han-ne, a stony stream, creek, or river. Sin-ni-pe-hel-le is an Indian word which includes the adjective, subject, predicate, and object, and signifies '* strong water rushing over rocks and stones." This is the original name of Senegar Falls. 3. Lord Baltimore, as the absolute lord and owner of the soil of Maryland, assumed the right of reserving for his own use such tracts of land as he thought proper. It would be impossible to name all the reserves made under the pro- JOfi THE HISTORY OF MARYLAND. prietary government, or make a list of the manors from time to time erected in different parts of the province. 4. According to Sir William Blackstone, manors were anciently called baronies or lordships, and each lord or baron was empowered to hold a domestic court, called the court-baron, for redressing misdemeanors and nuisances within the manor, as well as for settling disputes concern- ing property among the tenants. 5. A court-leet was a court of record held once in a year within a particular hundred, lordship, or manor, before the steward of the leet. It was the king's court, granted by charter to the lords of those hundreds or manors. The original intent of this court was to view the freemen in the district, hundred, or manor, who were all mutually pledges for the good behavior of each other. Besides this, the punishment of minute offenses against the public good was the object of the court-baron or court-leet. The word leet means nothing more than the court of a baron. 6. The king of England granted to Lord Baltimore, his heirs and successors, the soil of the province of Maryland, to be held by them in socage tenure, which is defined as " a free and privileged tenure," yet, on reference to the charter confirming the grant, it is found that a certain rent was made payable to the kings of England. 7. The charter sets forth that, in consideration of the gift or grant of the province, Lord Baltimore shall yield unto " the kings of England, their heirs and successors, two Indian arrows of those parts, to be delivered at the castle of Windsor every year on Tuesday in Easter-week, and also the fifth part of all gold and silver ore, which shall happen from time to time to be found within the aforesaid limits." 8. It was by free and common socage, "by fealty only for all services," that the Lords Baltimore held the grant of Maryland, and under the same kind of tenure they made <; THE CONDITIONS OF PLANTATION." lot grants of land to settlers in the province. They frequently subjected their tenants in Maryland, who held large bodies of land, to only the annual rent of some trifling article or curiosity, as a bushel of corn, an Indian arrow, or a buck's foot. 9. The sheriff's tourn, or rotation, says Blackstone, was a court of record held twice every year, before the sheriff in different parts of the county ; being, indeed, only the turn of the sheriff to keep a court-leet in each respective hundred. This, therefore, was the great court-leet of the county, as the county court was the court-baron. 10. These different courts were held in Maryland during the continuance of the provincial government, and from them originated all the courts, great and small, ever known in the state. 11. Strong inducements were held out to adventurers by " the conditions of plantation " published from time to time by Lord Baltimore. According to his first conditions, an adventurer or settler received two thousand acres of land at a rent of only four hundred pounds of wheat per annum for every five persons he might bring into the province, be- tween the ages of sixteen and fifty years. Those who brought in more or less than five persons between the ages mentioned received lands in like proportion, the rents averaging about ten pounds of wheat to every fifty acres of land. "With the grant of a manor containing three or four thousand acres of land in a body, Lord Baltimore also granted the powers of a court-baron and court-leet to be held from time to time within the said manor, that therein disputes might be settled, and peace and harmony main- tained among the sub-tenants. 12. At a session of the legislature, which met at Annap- olis on the 1 1th of October, 1720, Charles Calvert appeared in the place of John Hart, and took the chair as governor of the province. At all the sessions, or nearly all, held 108 THE HISTORY OF MARYLAND. since the beginning of the royal government down to the year 1720, acts for the naturalization of foreigners were freely passed, and large numbers were admitted to citizen- ship. 13. At this time all the colonists that sailed for Mary- land in the Ark and the Dove were either buried in provin- cial soil, the soil of neighboring colonies, or that of Old England, and their numerous descendants were enjoying the happy homes bequeathed to them in the conquered wilder- ness of Maryland. 14. Under the administration of the young lord pro- prietary and Governor Calvert, provincial affairs prospered, wholesome laws were- enacted, and the poor settler was pro- tected from the petty tyrant who would use power for no other reason than that he had liberty to do so. 15. Laws for the stay of execution in the collection of small debts were passed, and extended to judgments ob- tained in the court of appeals, court of chancery, and com- missary's court. No duty was, after the year 1721, payable by the inhabitants or new settlers on the importation of their own proper domestic slaves, and laborers employed in the forges and iron works of the province were exempted from the payment of taxes or any kind of levy whatever. 16. Attorneys neglecting their clients' cause in any of the county courts were liable to a fine of four hundred pounds of tobacco, and they were made liable to prosecu- tion under this head in any county in which they practiced. Profane swearing was made punishable by fine, drunken- ness by a fine of five shillings for every offense, and blas- phemy by a fine of twenty pounds sterling, and a hole bored through the tongue. 17. In 1723 Sabbath-breaking was made punishable by a fine of two hundred pounds of tobacco, and house-keepers selling strong liquor on Sunday were subject to a fine of two thousand pounds of the same article. SCHOOL TRUSTEES. iqq 18. The act passed in 1692 for the encouragement of learning in the province was revived in 1723, and we find as leaders in the cause of education such men as Rev. Leigh Massey and Colonel Greenfield, of St. Mary's County ; Rev. Richard Sewell and Colonel Edward Scott, of Kent ; Rev. Joseph Colebatch, Colonel Samuel Young, Charles Ham- mond, and Richard Warfield, of Anne Arundel ; Rev. Jonathan Cay, Colonel John Mackall, and Colonel John Smith, of Calvert ; Rev. William Tibbs, Colonel John Dor- sey, and John Israel, of Baltimore ; Rev. William Macon- chie, Captain Joseph Harrison, and Samuel Hanson, of Charles ; Rev. Henry Nicholls, Colonel Matthew Tilghmau Ward, Robert Goldsborough, and Thomas Bozman, of Tal- bot ; Rev. Alexander Adams and Levin Gale, of Somerset • Rev. Thomas Howell and Colonel Roger Woolford, of Dor- chester ; Colonel John Ward and Colonel Benjamin Pearce, of Cecil ; Hon. Charles Calvert, governor, and Colonel John Bradford, of Prince George ; and Philemon Lloyd, Richard Tilghman, James Earle, William Turbutt, and Edward Wright, of Queen Anne's. 19. These gentlemen and a number of others were, by law, made trustees and visitors of schools to be established in their respective counties, and empowered to hold lands, build houses, and make laws for the government of the schools, as well as appoint teachers and fix their salaries. Commencing in 1723, public schools were rapidly erected in all the counties, on the plan of King William's school, at Annapolis. ^rnr»t> £/• 20. In 1724 an act was passed for erecting a town at Joppa, in Baltimore County, at which place a court-house and prison had already been erected on land belonging to the minor child of Colonel James Maxwell. The law, passed as stated, confirmed the land to the use of the coun- ty for ever, and empowered certain commissioners to pur- chase twenty acres of land, and cause the same to be laid HO THE HISTORY OF MARYLAND. out into forty lots, to be erected into a town. .Toppa was the old seat of justice in Baltimore County. All houses built in the town were to cover not less than four hundred square feet of ground, chimneys to be built of brick or stone ; and the ancient provincial chimney, built of wood and clay, was thus condemned as unfit to be erected at the county seat. 21. In 1725 a great number of respectable and wealthy people called Friends, or Quakers, resided in the province of Maryland. They represented to the general assembly of that year that sundry persons had set up booths, and sold drink and other things near their yearly-meeting houses, to their great disturbance in the exercise of their religion, converting their places of worship into places of traffic and immorality. A law was therefore promptly passed forbid- ding such traffic within one or two miles from their places of worship, under a penalty of ten pounds current money of Maryland, to be applied to the use of the public school in the county where the offense was committed. 22. On the 10th of October, 1727, the legislature con- vened at Annapolis, and Benedict Leonard Calvert appeared and took his seat as governor of the province. He was the lord proprietary's brother. 23. At this time wolves, crows, and squirrels were so numerous in Maryland that a law was passed to encourage their destruction. The wolf attacked lambs, pigs, calves, and even children ; the crow pulled up the young corn just sprouting from the ground, and large flocks of these birds would light in a corn-field and eat a hundred bushels in a day. Squirrels in hundreds came into the corn-fields, and with their sharp teeth would cut the ears of corn at the top, so that rain-water would run in and spoil the whole ear. They would also visit the grain-fields, cut off the heads of the wheat and rye, and carry them off to their den-trees to be eaten at their convenience. It therefore became neces- A BOUNTY PAID FOR WOLVES' HEADS. m sary to pass a law to protect planters from the ravages of these voracious birds and animals, and it was enacted that every master or mistress of a family, or taxable single per- son, should be obliged, some time in every year, to produce to some justice of the peace in their county, three squirrels' scalps or crows' heads for every taxable inhabitant in the family. 24. The justice before whom such scalps and heads were brought was obliged to destroy them, that they could not be brought to him a second time. He was also required to report to the county authorities the number of squirrels' scalps and crows' heads brought before him, with the names of the persons who brought them, that it might be known who had, and who had not, been at work in the execution of the law. If any person failed to do his or her part in killing crows and squirrels, and taking their heads or scalps, he or she was subject to a fine €>( two pounds of tobacco. 25. A reward of two hundred pounds of tobacco was given to any person who might bring a wolf's head before any justice of the peace for the county in which the wolf was killed ; and, that the head of the said wolf might not be brought before the justice a second time, lie was required to cut out the tongue and crop off the ears. In order to obtain this reward, certain persons, not very careful of their reputation, would, in evasion of law, buy heads for a trifle from the Indians, perhaps in Virginia ; but at length heads, which were often scarce in the market, brought a higher price than the value of the reward. 26. In 1728 it was represented to the legislature that the people of Somerset County were much oppressed by bears, and a law was passed which gave a reward of one hundred pounds of tobacco for each bear killed in that county. To prevent a double allowance for one bear, the justice before whom the head was brought was required to 112 THE HISTORY OF MARYLAND. see that it was green and fresh killed, to cut out the tongue, crop off the ears, and give a certificate to this effect. 27. In this year the name of Seymour Town, in St. Mary's County, so named after one of the royal governors of Maryland, was changed to Leonard Town, and made the seat of justice in the county. This town was first estab- lished in 1708, when Mr. Seymour was governor. Fifty acres of land were laid out at the time, and erected into a town at Sheppard's Old Fields, and the court-house of the county was to be built there. This was the original Leonard Town. 28. In 1729 a town, called Charles-Town, was laid out at the head of Port Tobacco Creek, in Charles County. All the houses were to be built over four hundred square feet of ground, exclusive of sheds, and to front on some street, lane, or alley. 29. The first newspaper, called "The Maryland Ga- zette," was printed at Annapolis in 1727 by Will. Parks. Among other works published in the province at this time Mas " The Right of the Inhabitants of Maryland to the Ben- efit of the English Laws. By D. Dulany, Esq. Price, 2s." CHAPTER XIV. 1728-1748. Baltimore Town erected. —Other Towns. — Boundary Disputes.— William Penn and Lord Baltimore. — Centennial of Maryland. — Lord Fairfax. — Lesser Seal of Maryland.— Towns erected. — First Newspaper in Maryland. — Counties erected, etc. 1. At a session of the legislature, which convened at Annapolis on the 10th of July, 1729, in the time of Bene- dict Leonard Calvert, governor of the province, an act was passed for " erecting a town on the north side of Patapsco, in Baltimore County, and for laying out in lots sixty acres of land, in and about the place where one John Flemming then lived." 2. This act was passed on the 8th of August, 1729, and certain commissioners were appointed to purchase sixty acres of a tract of land known as Cole's Harbor. The same was to be laid out in the most convenient manner into sixty lots, to be erected into a town. Thomas Tolly, Wil- liam Hamilton, George Walker, George Buchanan, William Buckner, William Hammond, and Richard Gist were ap- pointed by the act to lay out the town. 3. On the 12th of January, 1730, the land was laid out, surveyed, marked, staked off, and divided into streets and lanes. The lots were marked and numbered, and the owner of the land had the first choice for one lot. It was enacted that houses built in this town should cover no less than four hundred square feet of ground, as was the case in most of the towns previously erected, and no person was 114 THE HISTORY OF MARYLAND. allowed to take up more than one lot in the first four months. 4. This small town was erected just one hundred years after the first Lord Baron of Baltimore in the kingdom of Ireland visited the Chesapeake, and was called Baltimore- Town, after his title and that of his line of successors, avIio by a royal grant were made lords proprietary of the prov- ince of Maryland. 5. About this time many towns were laid out in differ- ent parts of the province, among which were Cecil Town, Chester Town, and " Ogle Town upon Chester." 0. At a session of the legislature which met at Annapo- lis on the 11th of July, 1732, Samuel Ogle appeared as governor of the province. At this session " Ogle Town upon Chester " was founded in honor of the governor, and an act was passed for erecting a town on a creek, divided on the east from the town lately laid out in Baltimore County called Baltimore-Town, on the land whereon Ed- ward Fell kept store. This town was called Jones Town, was laid out upon ten acres of land, and houses built there- on were to cover not less than four hundred square feet of ground. The great city of Baltimore arose from these two humble foundations, and the province of Maryland grew rich frtmi its trade and commerce. 7. In this year Salisbury Town, in Somerset County, and King's Town, in Queen Anne, were founded, and " Benedict Leonard Town," in Charles County, was re- erected on fifteen acres of land. Bridge Town, at the bridge near the head of Great Choptank River, was also founded in this year, and lot-holders were required to pay one penny per lot to the lord proprietary as an annual ground-rent for ever. 8. This was a time of great prosperity in Maryland. At the session of the legislature which met on the 13th of March, L732, Charles, Lord Baltimore, appeared in person WILLIAM TENN AND LORD BALTIMORE. 115 and took his seat as governor of the province. This legis- lature, it will be noticed, met in the last month of the year 1732, and, after a short session of one month only, ad- journed on the 12th of April, 1733, the first month of that vear, according to the Julian calendar. 9. It appears that Lord Baltimore was induced to visit Maryland on account of the boundary troubles between the province and Pennsyl- vania. The location of a dividing line between the two provinces had been a subject of dispute since the year 1682. In that year, William Penn, proprietary of Pennsylvania, met Charles Lord Baltimore in Maryland, and produced a letter from King Charles II., directing the settlement of the dis- pute on the basis that the northern limits of Maryland should be fixed upon by a line two degrees in length drawn from the southern boundary of the province, sixty miles to a degree. 10. Lord Baltimore rejected the mandate of the king, and maintained that his patent named no specific number of degrees, but called for the fortieth degree of north lati- tude from the equator. He took the ground that no royal word could alter or take away what had been granted under the great seal of the realm, and Mr. Penn's visit to Maryland resulted in a failure. 11. The boundary troubles continued without abatement for fiftv vears, when, in 1732, at the instance of the two 116 THE HISTORY OF MARYLAND. parties, commissioners were appointed to settle all differ- ences respecting the limits of the two provinces ; but these commissioners failed to reach a final settlement. 12. In 1733 Elk Ridge Landing, " near the head of Pa- tapsco River," was erected into a town, and thirty acres of land, lying convenient to the water, were^aid out into lots for buildings. For a time this place rivaled Baltimore in growth ; large ships entered the deep water there, and large quantities of tobacco were laden for European markets. 13. At this time the public printing, which had been done by the Bradfords in Philadelphia, was done on a press at Annapolis. On the title-pages of the laws printed on this press is found an engraving of the greater seal-at-arms of the Lords Baltimore, showing the "leopards guardant" and all the armorial ensigns designating the family. An engraving of the same seal illustrates the title-pages of the laws of Maryland, published at Annapolis by William Parks in 1727. 14. In 1733 " Princess Anne Town," in Somerset Coun- ty, was laid out on a tract of land supposed to belong to David Brown, and owners of lots were required to pay one penny per annum on each lot to the lord proprietary of the province or his heirs for ever. 15. The year 1734 completed the hundredth year of the provincial existence of Maryland. Her people repre- sented all the nations and creeds of Europe ; they had no animosities to gratify ; no injuries to revenge ; nothing to stimulate them to extend their limits, and they laid claim to no lands they had not bought, settled, and conquered. They had not been living on the reputation of their pro- genitors in a manner devoid of noble thoughts and deeds, but had been adding to their own patrimony in fortune and in fame. The men of Maryland, even at that early day, who acquired a reputation in the forum, the senate, and the field, were mostly builders of their own fortunes. BOUNDARY DISPUTES. \\^ 16. At the time when Maryland had made one hundred years of history the census-taker might have counted one hundred and twenty thousand inhabitants, a score of pros- perous towns, and five thousand plantations. 17. At times the boundary disputes between Maryland and Virginia caused as much trouble to the people as they had encountered on the same subject with Pennsylvania. A map, called Herrman's map of Maryland and Virginia, was published by royal authority in 1673. On this map the boundary line between the two colonies is dotted as running on the southern bank of the Potomac River, down to the Chesapeake Bay, and then some distance into its waters. It leaves Smith's Island in Maryland, and passes near the south end of Watkins's Point, named in Lord Baltimore's charter. In 1668 this line was agreed upon as the true boundary line between Maryland and Virginia, and marked from Poco- moke Sound across the peninsula to the Atlantic coast by a double line of trees. The other line had its beginning at the first fountain of the north branch of the Potomac River, where, on the 17th of October, 1746, Lord Fairfax planted a stone to mark the boundary of his grant of land, called the Northern Neck of Virginia. From this stone the west- ern boundary of Maryland ran on the meridian of the place until it cut the line between Maryland and Pennsylvania. 18. All the Lords Baltimore claimed the meridian of the first fountain of the south branch of the Potomac as the western boundary of Maryland ; but in the boundary dis- putes they lost it and also a half million acres of land which justly belonged to them. 19. The location of Watkins's Point has been a subject of great difficulty. The charter of Maryland locates it as a promontory on the Chesapeake Bay, near the Wicomico River, but it is now washed away, and is known only as the southern end of Watts's Island. In these boundary disputes the Lords Baltimore lost also the whole territory of Dela- 118 THE HISTORY OF MARYLAND. ware, and that vast body of land lying between Mason and Dixon's line and the fortieth parallel of north latitude. 20. \n 1733 an act was passed to emit and make current " ninety thousand pounds of current money of Maryland." Paper money was to be issued to this amount, and to circu- late thirty-one years from the 29th of September of that year. On the face of the paper money issued in compliance with this and other subsequent acts is a rude picture of the lesser seal of the province of Maryland. The figures of the fisherman and farmer which appear on the greater seal are also on the lesser, as well as the shield, the count palatine's cap, the ducal crown, the helmet and bannerets. The form of this seal is square, like the greater seal-at-arms, and orna- mental carving is seen over the heads of the supporters of the shield. On some of the coins and the issues of paper money, the words " Crescite et Multiplicamini " appear, but not upon any of the provincial seals, nor upon the seals-at- arms of the Lords Baltimore. 21. At a session of the legislature which met at Annapo- lis on the 20th of March, 1734, Samuel Ogle, who had tem- porarily yielded the governor's chair to Lord Baltimore in person, again assumed it as governor of the province, Lord Baltimore having set sail for England. 22. In 1736 an act was passed for erecting a town in Cecil County on thirty acres of land, to be divided into sixty equal lots. Lot-holders in the town were required to pay one penny per lot per annum to Lord Baltimore and his heirs for ever ; and it was named Frederick Town, after the name of his lordship's young son. 23. In the same year George Town, in Kent County, was erected on the south side of Sassafras River, on a tract of land known as Tolchester. Sixty acres of land were laid out into one hundred lots, and each lot was made subject to a ground-rent of one penny per annum, payable to Lord Baltimore and his heirs for ever. TOWNS ERECTED. 119 24. About the year 1T40 the Indian tribes of Maryland, that had lived with the whites for more than one hundred years in almost uninterrupted peace, were gathering up the bones of their fathers preparatory to a departure to new hunting-grounds in the west. 25. The title of some of the tribes of the Six Nations to lands in Maryland was extinguished by treaty and actual purchase ; they were departing from the Choptank and Nanticoke settlements on the eastern, and on the western shore they were nearly all absorbed in civilization. 26. On the 20th of September, 1737, Charles Carroll of Carrollton was born at Annapolis. 27. At the session of the legislature which assembled at Annapolis on the 21st of September, 1742, Thomas Bladen appeared as governor of Maryland. 28. In this year an act was passed for laying out anew the town commonly called Snow Hill Town, then in Somer- set County. This place was first erected into a town in 1686, and again confirmed by an act passed in 1706. The houses built in this town were to cover four hundred square feet of ground, and the chimneys were to be built of brick. 29. In this year, also, Somerset County was divided, and a new county, called Worcester, erected . In January, 1776, Lord Dunmore, late governor of 148 THE HISTORY OF MARYLAND. Virginia, adhering to the royal cause, began to give trouble in some of the lower counties of Maryland, and several com- panies of minute-men organized in the province were sent to oppose him. He was, however, silenced without giving much trouble to the people ; and in the face of invasion of their rights and liberties as a people, they expressed senti- ments of affection for their king and mother country. 4. " The experience we and our ancestors have had/' said their representatives in convention, " of the mildness and equity of the English constitution, under which we have grown up and enjoyed a state of felicity, until the grounds of the present controversy were laid by the ministry and Parliament of Great Britain, has most strongly endeared to us that form of government from whence these blessings are derived. It makes us ardently wish for a reconciliation with the mother country, upon terms that may insure to these colonies an equal and lasting freedom." 5. They instructed their delegates in Congress that, should any proposition be happily made by the crown or Parliament that might lay a rational ground for reconcilia- tion, they would use their utmost endeavors to cultivate and improve it into a happy settlement and lasting amity. 6. They further instructed them that they would net, without the previous knowledge and approbation of the convention of the province, assent to any proposition to de- clare the colonies independent of the crown of Great Brit- ain, nor to any proposition for entering into alliance with any foreign power, nor to any union of the colonies which might lead to a separation from the mother country, unless in their judgments it should be thought necessary for the preservation of the liberties of the united colonies. 7. On the 14th of January, 1776, the convention re- solved to raise one battalion of regnlar troops for the de- fense of the liberties of the province, and William Small- wood was appointed colonel of said battalion, Francis Ware, ACTION OF THE CONVENTION, 149 lieutenant-colonel, Thomas Price, first major, and Mordecai Gist, second major. 8. On the 18th of the same month the convention en- tered on its journal that the people of the province, strongly attached to the English constitution, and truly sensible of the blessings they have derived from it, warmly impressed with sentiments of affection for, and loyalty to, the house of Hanover, connected to the British nation by the ties of blood and interest, and being convinced that to be free subjects of the king of Great Britain is to be the freest members of any civil society in the known world, never did, nor do, entertain any views or desires of independency. Descended from Britons, entitled to the privileges of Eng- lishmen, and inheriting the spirit of their ancestors, they have seen with the most extreme anxiety the attempts of Parliament to deprive them of those privileges, by raising a revenue upon them, and assuming a power to alter the charters^ constitutions, and internal polity of the colonies without their consent. The endeavors of the British minis- try to carry these attempts into execution by military force, have been their only motive for taking up arms, and to de- fend themselves against these endeavors is the only use they mean to make of them. Entitled to freedom, they are determined to maintain it at the hazard of their lives and fortunes. 9. On the 9th of May, 1776, the proceedings of the council of safety, in consequence of intercepted letters from Lord George Germain to Robert Eden, deputy governor of Maryland, were laid before the convention, read, and or- dered to lie on the table. In these letters the governor was instructed to consider of every means by which he might, in conjunction with Lord Dunmore, give facility and assist- ance to the operation of a naval armament to be sent to North Carolina, and from thence to South Carolina or Vir- ginia. The convention declared that the governor, if he 1 . I llll. Ill .IVK\ U| V VKM l\P ■ || >,, it,, . ..( it,,- ,. .■„ , ,-, mu,-Mi tullilt .,,.; K ,-l ulmini.i, in .- ! it,,- ,li pi,- . ,» !u, It ii '-,- ,-n M • ' | • 1 ■'. ■ -Ut.Ml \\ I, p n, .« ii ' - -,- piiMi,- ,,,.t,t •In- ju,K-m,-ii: , m >«m«. i,-,|imv,l 1 1, u > '-,- p^Ml.,,'. III, I lllll I.,' >> \. It lull lll>,UN l,> ,tv ( >iii I \ » u!> I'- ll' !,• 1 ' fH i V • V J | il,,- M | N • • ■ , , , .. \ \ I H \ \\ MAK\ I. AM> TKOOPS : .1 oommit ted by her captain ; but i1 was the opi i the convention thai the Dofenoe .^ 1 1 « > i ■ I < I not attack tho Fowoy, Mini detachments of militia were sent to prevenl any coin munioations with her from the shores of i he province, L8, In this month il was resolved thai three thousand four hundred and Ave men of the Maryland militia be de tailed to form 8 "flying oamp," to aol with the militia ol Pennsylvania and Delaware, and General Resin Beall was appointed to 1 lie oommand II. On iIm' 8th of July, 1776, the convention of the people, in session al Annapolis; instructed their delegates in Congress in Philadelphia as to the terms of a deolaral ol independence into which thej win- willing to onter, "We, the delegates of Maryland in convention assem bled," said they, as appears in their |ournal, "do declare thai ill*' Km" of Great Britain has violated bis oompacl wiiii this people, and that thej owe no allogianoo to him. we have, therefore, thought ii lust and nooossan to em power one deputies in Congress to join with ;i raajoritj of (In- united oolonies in declaring them free and independent si :ii cm, provided the sole Bind exclusive rights of regulating the internal politj and government of this colony !><■ re served to I ho peoplo i hcroof," 10, On the Ith of Julj in that year, at half-past throe o'clock, however, tho Declaration of [ndepoudonoe had l i.i id the C< ross of the United Colonies sitting in I * I > ■ 1 adelphia , and MaiM land, no I er :i provinoe oi a o »lony, look position as one of tho Independent States oi America, ii>. " \\'c hold these truths to !><• Helf evident," reads tho seoond paragraph of the Declaration, "that all men are ore ated equal; that thej are endowed by their Creator with certain inalienable rights; thai among those are life, lil» cti \ , Mini the pursuit of happiness, That, to secure those rights, governments are instituted among men, deriving their just powers from tho consent of thw govorned, That, 152 THE HISTORY OF MARYLAND. when any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government." 17. Samuel Chase, William Paca, Thomas Stone, and Charles Carroll of Carrollton, as members of Congress, had the honor to be Maryland's immortal signers of the Decla- ration of American Independence. 18. On the 4th of July, 1776, Thomas Johnson was elect- ed to Congress by the convention of Maryland ; but on the same day it was discovered that he could not act in this capacity, and at the same time do duty as brigadier in the military service, to which rank he had been previously ap- pointed. The convention expressed the opinion that it was of very great importance to the welfare of the province that it should not be deprived of the advice and assistance of Mr. Johnson in the public councils of the united colonies, and that his place could be supplied with less inconvenience in the military than in the civil department. 19. On the 6th of July, the second day after the adop- tion or passage of the Declaration of Independence, the con- vention of the state of Maryland ordered " that Colonel Small wood immediately proceed with his battalion to the city of Philadelphia, and put himself under the continental officer commanding there, and be subject to the further or- ders of the Congress." 20. On the 10th of the same month Smallwood's regi- ment and some companies from Baltimore marched from Maryland by way of the head of Elk, and embarked for the north to join Lord Stirling's brigade. 21. The history of Maryland for the year 1776 is no- thing more than long accounts of preparations for war ; for the Declaration of Independence could only be supported by the arms of the United States and the treasure of the people. 22. The battle of Long Island took place on the 27th of THE BOUNDARIES OF WASHINGTON COUNTY. 153 August, 1776, and resulted in the defeat of the Americans. The troops of the Maryland line fought bravely in this bat- tle. They were placed in front of the line of battle under the command of Major Mordecai Gist, Colonel Smalhvood and Lieutenant-Colonel Ware being at the time sitting on a court-martial in New York. 23. On the 6th of September, in this memorable year, the boundaries of Washington County were described by the convention of Maryland as follows : " Beginning at the place where the temporary line crosses the South Mountain, and running thence by a line on the ridge of the said moun- tain to the river Potomac, and thence with the lines of the said county so as to include all the lands to the westward of the line running on the ridge of the South Mountain, as aforesaid to the beginning, shall be, and is hereby, erected into a new county by the name of Washington County " ; and on the same day the convention enacted that, " after the first day of October next, such part of the county of Fred- erick as is contained in the bounds beginning at the east side of the mouth of Rock Creek, on the Potomac River, and running with the said river to the mouth of Monocacy, thence with a straight line to Parr's Spring, and thence with the lines of the county to the beginning, shall be, and is hereby, erected into a new county by the name of Mont- gomery County." 24. This county was named in honor of General Richard Montgomery, who, on the 31st of December, 1775, yielded up his life in the heroic attempt to rescue the Can- adas from the dominion of Great Britain, and win them to the struggling cause of self-government in the American colonies. 25. It is worthy of commendation that Maryland adopt- ed the honored names of Washington and Montgomery for these new counties at a time when Washington, with a price upon his head, was weeping over ihe carnage of the 154 THE HISTORY OF MARYLAND. Maryland line on the heights of Brooklyn, and Montgomery was tilling a hero's grave on the plains of Quebec. One had given his life to his adopted country, and the other daily offered himself, his fortune, and his sacred honor, as a willing sacrifice. 26. The convention of Maryland dedicated her terri- tory, her sons, and their estates, to the defense of the rights and liberties of her people. She never wavered in her reso- lution, but filled battalion after battalion. From Long Island to the Carolinas, the Maryland line maintained a reputation for discipline and valor ; their name was the synonym of every soldierly virtue — an honor to the living and the dead. The moral courage, the constancy, energy, cooperation, and self-denying sacrifices of the people were equally sublime. 27. On the 31st of October, 1776, the convention of Maryland passed and adopted a declaration of rights. The inhabitants of this state, they said, are entitled to all prop- erty derived to them from or under the charter granted by his Majesty Charles I. to Cecilius Calvert, Baron of Balti- more. 28. They declared that government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole. That the people of the state ought to have the sole and exclusive right of regulat- ing the internal government and policy thereof. The right of the people to participate in the legislatui-e is the best security of liberty and the foundation of all free govern- ment ; for this purpose elections ought to be free and fre- quent, and every man having property in, a common in- terest with, and an attachment to the community, ought to have a right of suffrage. That the trial of facts where they arise is one of the greatest securities of the lives, liberties, and estates of the people. That no man ought to be com- pelled to give evidence against himself in a court of com- UNDERLYING PRINCIPLES OF THE CONSTITUTION. 155 mon law, or in any other court, but in such cases only as have been usually practiced in the state. A long continuance in the first executive departments of power or trust is danger- ous to liberty ; a rotation, therefore, in those departments is one of the best securities of permanent freedom. That it is the duty of every man to worship God in such manner as he thinks most acceptable to him, and all persons professing the Christian religion are equally entitled to protection in their religious liberty. That the liberty of the press ought to be inviolably preserved ; and that monopolies are odious, contrary to the spirit of a free government and the princi- ples of commerce, and ought not to be suffered. That no title of nobility or hereditary honors ought to be granted in the state. 29. Such are some of the great principles that under- lie the constitutions and laws of Maryland, and upon which the noble structure of her form of government is founded. 30. Governed by a sacred covenant entered into by the mere force of public opinion, the convention of 1776 raised money, organized armies, regulated and controlled the public peace, and exercised all the powers of government with ex- traordinary discretion, forbearance, and firmness. In the midst of civil war, self-constituted authorities, called " com- mittees of safety and correspondence," observed all the forms of common law. Few, if any, instances of wanton injury or personal oppression occurred in the province or state during the war. 31. The intellectual character of the members of the conventions and committees of safety was not inferior to their moral courage, and the sagacity of their councils was as consummate as the execution of their work. Human wisdom never pierced further into the night of the future than the foresight and policy of the conventions of Mary- land in regard to the public lands. 156 THE HISTORY OF MARYLAND. 32. Throughout the progress of the war of the revolu- tion, Maryland repudiated the arrogant pretension of those states which professed to claim that their territories extended to the Mississippi River or the Pacific Ocean. In the midst of war and disasters to her arms, and the dark clouds that hung over her future, her noble sons calmly organized a form of government based upon the wisest maxims of po- litical science. It was a constitution which elicited the eulogies of the most distinguished statesmen, and remained in all its essential features unchanged for half a century. An enterprise of so much difficulty could never be planned and carried out without great abilities, and a people with- out principle could not have confidence enough in each other. Judged by this standard, the provincial conventions of Maryland from 1774 to 1776 are entitled to the venera- tion and gratitude of posterity. 33. The public archives, the proceedings, reports, reso- lutions, and letters of public men embodied in the journals of the conventions of Maryland, attest that the intellectual fountains from which their authors drank were both pure and invigorating. 34. Thomas Bacon, " rector of All Saints parish in Fred- erick County, and domestic chaplain in Maryland to the Right Honorable Frederick Lord Baltimore," who, in 1765, published a volume of the provincial laws of Maryland, was a man of marked ability, and a benefactor to the province. He compiled the laws of Maryland from the session of the legislature which met in the Old Fort at St. Mary's On the 25th of January, 1637, to the year 1763. It is a work of great labor and erudition, admirably arranged, and no sub- sequent collection of the old laws compares with it in full- ness of annotation or completeness of index. It is a monu- ment of great industry and research, containing the most authentic and interesting materials of the provincial history of Maryland. Its typography shows the great proficiency A CONSTITUTION AGREED UPON. 157 in the art of printing attained by the provincial printers at the time of the appearance of the work. 35. On the 8th of November, 1776, the delegates of Maryland, "in free and full convention, assembled," agreed to a constitution and form of government for the state. The 61st section declares that, to introduce the new govern- ment, an election be held for the electors of the senate on Monday, the 25th of November in that year, and that the electors of the senate meet at Annapolis on Monday, the 9th of December in the same year, and there choose sena- tors. That an election be held on Wednesday, the 18th of December, for delegates to serve in general assembly, who should meet at Annapolis on Monday, the 10th of February, 1777, and at that session or some future session choose a governor and council for the residue of the year. On the 13th of February Thomas Johnson was elected first consti- tutional governor of Maryland. During the panic created by Washington's retreat through New Jersey, the congress sitting at Philadelphia had removed from that city to Bal- timore, and the council of safety in Maryland called a ses- sion of the legislature on the 5th of February, 1777, and placed Mr. Johnson in the chair as governor. At this first legislature assembled under the new constitution of the state, acts were passed to promote the recruiting service, and to expedite the march of troops in and through the state. An act was also passed to enlarge the powers of the governor and council, which declared that the acts of this session, which was suddenly called to meet emergencies, should be equally binding with formal acts of assembly. 36. On the 21st of March, 1777, Mr. Johnson was in- augurated at Annapolis as governor of the state ; and at a session of assembly which met on the 16th of June in the same year, he appeared in office as the chief executive offi- cer of Maryland. 37. At this time the thirteen states cf America, in one [5§ viu: iiisroin of m vk\ i \\p union, h,-iv measuring arms >\uii the British crown, each state Acting uu,lov 9 republican lorm oi o.o\ »m nmi'iil. This union was therefore a nation made up from thirteen nations, and the federal head was responsible for the fate of manj \ ;\s\ ;. i and ttUtttberleSS sa\ :i".iMnl> 1 -'- ^tttOUg the then was 'ii> % greatest variety o1 customs, institu tions, and religions^ which made the i ;^K ol government .liili. uli Then "• the deep inbred differences of differ ent ancestrj and language, for the people were of the lim or nil nations The boundary line between Maryland and Pennsylvania is neat the fortieth degree ol north latitude, on one sideoi which all labor was ,lrsimo\ liilo on the Opposite si.lo the s\ *tcn\ of mvolnul,iv\ labor, < ervitude, was to prevail, Phis was wn tc '•■> come :i fearful element, penetrating not onlj through all commercial, and pv>l u i* ^1 relations, but into natural and religion, oS. Maryland fell upon thai m<1o of the great line where servitude was destined to prevail, nn& or ol was far more powerful than casting * speai or javelin ; . that the right of secret ballot was a general ; i man in the community to :il;i lire ill •(■ ill w i\ N I on in I :.oinr\\ liri ■• in t . - 1 « 1 1 1 > 1 1 . . 1 1 i gOVOI'11 lllrlil:;, Mid lln\ |Mh.|„i 1 M.M\l:ilul III . I « • r m • In ;l IV iii.llk.lUi- (l.'.'Ui' r\i-| Mini- llir I oil 1 1. 1 :l I 101 1 ol 1 1« - 1 | ► 1 < « 1 1 < lonn ol ""\ Dl nnii'iil w.i I. ml 111)011 the | • 1 1 1 > < 1 j > 1 < • . ol i.ilioiul lilx'il \ tO ill] in. ink iiul 10. T1\0 flOtll NOOtll I lli'' I10M '"ii lilnl I \l.n\ land author! on the fjover ' council to make 1 i uov > ■ « < - - » i mc:iI for 1 1 * « - u«c "i the state, and on the !11 n1 ol March, 1 , j , . the <■ ii pANHod :ni order Adopting i"i tlio purpoNo (In- "ir.il c:il of l.ol.l I '.:il( 111101 ■(•, Iiioii.'IiI ovoi to the pro> luoo b\ Govemoi Pond nil In lOflH " Doing empowered bj I Ik - . -on I il ill ion :iinl I'm in ()l •■ 0> I innn-nl ." ..ml (In- roiin.ll ill session on 1 1 1:1 1 dftV, " to 111:1 1 1- I In- v.i OUl HOAI ol ''ii ■ 1 .ii.-. do make and declare the groat Koal ol Maryland, heretofore ii-.. I. III.- .'i.-.i! .i-.il ol III.- I. id-, .111.I .1 mil In lie nu-.l in I III lire lllll ll :i in- \\ our 1:111 In' ili\ 1 nil " CHAPTER XVIII. 1777-1780. The Maryland Line. — British Troops in Maryland. — Colonel Smith. — Count Pulaski. — Arnold's Treason. — Baron De Kalb. 1. Whenever a battle was fought in the years of 1776 and 1777, the brave Maryland line was strongly represented. Its officers and soldiers were true and fearless men, men of principle, and they were always found in front of battle. As their ranks were thinned, recruits were sent forward to fill them up, that Maryland's forces should never appear on the decline. At the session of the legislature which met on the 16th of June, 1777, the governor and council were or- dered to send part of her artillery companies, not exceed- ing fifty-six privates, under a proper number of officers, to Philadelphia. In the same year an act was passed requir- ing the governor and council to appoint an officer in each county of the state, who was authorized to choose any num- ber of assistants, whose powers should be as extensive as his own. His business was to collect blankets and certain spec- ified articles of clothing, of which the army w T ere in extreme want. This was to be done by purchasing, at prices to be fixed either by agreement of the parties or by the judg- ment of an appraiser to be chosen by the collector. If the articles could not be bought, the officer might seize them wherever he could find them, provided he thought they might be spared by the proprietor. It has been remarked that " the situation of affairs at the time of passing this act, and several prior and subsequent acts of a nature similar to BRITISH TROOPS IN MARYLAND. 1(31 this, will not, perhaps, in the opinion of posterity, justify such measures. It will be natural for men in the bosom of peace to view them as the arbitrary acts of tyranny and oppression, but the facility with which they were executed, the cheerfulness with which they were submitted to, and the valuable purposes which they answered, have evinced to us that they were equally necessary, politic, and wise. 2. In the same year each county was charged with its quota of two thousand men to serve three years in the Maryland line. Every effective recruit was to receive, in addition to the continental allowance, a bounty of forty dollars from the state, a pair of shoes, a pair of stockings, and at the expiration of his term, provided he should not desert from the army, fifty acres of land. If he shoidd have a family which might need assistance during his ab- sence, it was to be afforded by the court of his county, which was authorized to draw on the treasurer of his shore for the purpose. 3. In 1777 a detachment of the British army landed at the head of Elk, in Maryland, from full and light frig- ates in which they were sailing. A frigate is a ship of war, usually of two decks, light build, and intended for fast sail- ing. When it has but one deck, and is consequently of a smaller size, it is called a light frigate. The English were the first who appeared on the ocean with these ships. They equipped them for war as well as for commerce. They were built so as to mount from twenty to forty-four guns, and they were driven along by sails. The war of 1776, gen- erally called the " Revolutionary War," took place before the time of the invention of the steamboat ; consequently no steam vessels of any kind appeared during the continu- ance of that war. 4. When the British landed at the head of Elk, as above stated, they destroyed the military stores deposited there by the Marylanders. Had no British fleets visited the Chesa- Ifi2 THE HISTORY OF MARYLAND. peake, it might be said that during the revolutionary war no foreign army ever passed the boundaries of Maryland, and it can be well said that no battle was fought on her soil. By way of the Chesapeake the British were making their way to Philadelphia, intending to capture that city, as well as all the large cities and towns in America. 5. That part of the Maryland line which was acting in conjunction with other forces in the defense of Philadelphia, was under the command of General Deborre, a French offi- cer, in whose devotion to the American cause they had not entire confidence. Under his command they were surprised at the battle of Brandy wine, yet they displayed no cowardice in their critical situation. This battle was disastrous to the American arms, and the British soon took possession of Philadelphia. 6. The next battle which was fought was that of Ger- mantown, on the 4th of October, 1777. At this battle there were seven regiments belonging to Maryland. Colonel Josias Carvill Hall's regiment, under the command of Colonel John Eager Howard, was in the front of battle, and its deeds were brave and daring. After a sharp resistance on the part of the British, they gave way before the galling fire of the Marylanders, and Colonel Howard having cap- tured two pieces of artillery turned them in an opposite direction upon the enemy. 7. The main body of Marylanders in the attack on Chew's house maintained their ground until overcome from fatigue, when they retired in good order. Their loss was heavy. Being men of principle, they breasted the foe until it was seen that a continuance of the battle could only amount to a loss of men without benefit to the American cause. General Smallwood and Colonel Gist were not en- gaged in this battle. They were, for some reason not given, kept from their commands in the line. 8. According to "Lee's Memoirs," it is found that after ATTACK ON MUD ISLAND. 163 the battle of Germantown the Americans still continued to hold certain points adjacent to Philadelphia. Every effort was made to hold Mud Island, in the Delaware River, and Colonel Samuel Smith of the Maryland line was placed in com- mand of that post. This brave officer was ordered to hold the fort there at all haz- ards, and the atten- tion of both armies was therefore turned upon him. The Brit- ish works on Province Island were mounted with thirty-two pounders, and from thence, at the distance of five hundred yards, a destruc- tive cannonade of the works on Mud Island took place. The block-houses were soon battered down, and Colonel Smith summoned a council of his officers, who resolved that, should the enemy force the outer works, the garrison would retreat to an inclosure in the center of the fort, and there demand quarter, which, if refused, a match would be applied to the magazine, and themselves with the enemy buried in the ruins. From his ships, his battery, and from the heights of the Schuylkill, the enemy continued to pour in his fire with effect. In the course of the fierce contest Colonel Smith received a wound from the shattered walls of the forts which obliged him to retire from duty. Colonel Sinnns, of Virginia, second in command, sustained the defense with as- tonishing firmness, until the erarrison was ordered to retire. JOHN EAGER HOWARD. 164 THE HISTORY OF MARYLAND. 9. Washington, finding it impossible to repossess Phila- delphia, and seeing that cold weather was rapidly approach- ing, retired into winter quarters at a place in Pennsylvania called Valley Forge, and the Maryland line, thinned down to about fourteen hundred men, took quarters at Wilming- ton, under the command of General Smallwood. 10. Turning to affairs in the state of Maryland, it is found that the legislature which closed its session on the 3d of December, 1777, was quietly making laws for the se- curity of the government and the good of the people. Li the preamble to an act, it was declared that "in every free state, allegiance and protection are reciprocal, and no man is entitled to the benefit of the one who refuses to yield the other " ; therefore it was enacted that every free male per- son within the state, above eighteen years of age, unless a Quaker, Mennonist, or Dunker, should take the oath of fidel- ity to the state, and these persons should, to the same effect, make solemn affirmation. 11. At the spring session of 1778 an act was passed for the service of the United States. This act provided for the collection of live cattle, beef, pork, and bacon for the use of the army by purchase or seizure, and by the same act the governor was empowered to impress carriages, teams, drivers, boats, and hands to transport these articles when collected. 12. An act was also passed for raising twenty-nine hun- dred and two men, including the two artillery companies already marched to camp, and such volunteer recruits as had already been procured. The number of men were ap- portioned on the several counties, according to the number of militia in each, and, if the proper number of soldiers were not raised on the terms laid down in the act, a draft was to take place in five days after a failure. 13. In this year Casimir Pulaski, a Polish nobleman, came to America, and raised a number of troops, composed of cavalry and foot, known in history as " Pulaski's Legion." BATTLE OF MONMOUTH. 105 It was raised mostly in Maryland, of the best men of the state ; but in the next year the brave Pole lost his life at the siege of Savannah. 14. In the year 1778 the assembly of Maryland passed an act for the relief and support of soldiers disabled in the service of the United States. The act declared that every officer or private who had lost or might lose a limb, or who may have been or might be disabled in the service, should be entitled to half his monthly pay during the continuance of such disability. Upon the pi'inciples laid down in this act relating to disabled Maryland soldiers, the general gov- ernment based all its acts relating to invalid pensions, and it will be seen that the act of Maryland afforded a prece- dent which was in after years observed in all the states of the Union, as well as by the government of the United States, in pensioning the invalids of the continental line. 15. The act referred to provided that the disabled Mary- landers, if capable of doing guard or garrison duty, should be formed into " a corps of invalids," and be subjected to that duty. This precedent was soon followed in the conti- nental army by the establishment of an invalid corps, un- der the command of Colonel Louis Nicola. 16. In the spring of 1778 the British evacuated Philadel- phia, and moved toward New York. Washington and his army having spent the winter at Valley Forge, and the Maryland line, under General Smallwood, at Wilmington, broke camp and followed the enemy. Both armies came in contact at Monmouth, in the state of New Jersey, on Sun- day, the 28th of June, and the severest battle fought dur- ing the revolution took place, in which the Americans were victorious. On the day of the battle General Charles Lee ordered his command to retreat. Washington called upon the Maryland line to hold the enemy in check until other reinforcements could be brought forward. The invincible IQQ THE HISTORY OF MARYLAND. Marylanders came up nobly in obedience to their chief, and through them a victory was Avon at Monmouth. At night, Washington and Lafayette reposed under a spreading oak- tree on the held of battle, and praised the noble men that came to the rescue in the dark hour of Lee's retreat. The Maryland line was there in season, their bravery checked the enemy, and saved the colonial army from inglorious defeat. Early in this year France acknowledged the inde- pendence of the United States ; made treaties of alliance with them ; and the battle of Monmouth evinced to the French nation, as well as to all the enlightened nations of the earth, that the united colonies were, and of right ought to be, free and independent. IT. In the preamble to an act passed by the legislature of Maryland in 1779, it was declared that the increase of people is a means to advance the wealth and strength of the state ; that many foreigners, from the lenity of the govern- ment, the security afforded by .the constitution and laws to civil and religious liberty, the mildness of the climate, the fertility of the soil, and the advantage's of commerce, might be induced to come and settle in the state if they were made partakers of the advantages which the native-born subjects of the state enjoy. Therefore a law was passed in effect that every person who might come into the state from any nation, kingdom, or state, and take an oath of allegiance, should be deemed a natural-born subject, but should have no power to hold an office unless he had resided in the state during seven years previous to his election or appointment to office. No taxes were to be levied on the property of foreigners coming into the state to settle for the term of two years after their arrival. 18. In this year an act was passed to allow, for one year only, to each of the commissioned and staff officers of the Maryland line and of the state troops in the continental army, the sum of two thousand dollars in lieu of four good THOMAS SIM LEE ELECTED GOVERNOR. 167 shirts, a complete uniform, tea, coffee, chocolate, sugar, rum, soap, and tobacco, at fixed rates. For the same year, all the non-commissioned officers and privates in the same service were allowed twenty pounds in money in lieu of a supply of rum and tobacco. This act also offered, over and above the continental and state bounties, a hat, a pair of shoes, stockings, and overalls, to any one who might enlist to serve in a Maryland regiment for the term of three years. 19. In 1779 an act was passed for erecting warehouses at Bladensburg, to be supplied with scales and blocks, tackle, and other necessaries for the inspection of tobacco. At this time ships of one hundred and fifty tons register, float- ing in the waters at this town, were laden with tobacco and other merchandise for foreign markets. During the con- tinuance of the revolutionary war, preparations for peace were constantly made by the people of Maryland. Public warehouses for the encouragement of trade and commerce were erected in the state, churches and school-houses built and repaired, bridges were constructed, public roads Opened, and all the marshy ground in and around Balti- more was filled up, graded, and laid off into streets, lanes, and alleys. 20. On the 8th of November in this year the legislature met at Annapolis, and on the same day, in compliance with the constitution of the state, elected Thomas Him Lee gov- ernor in place of Thomas Johnson. 21. During the administration of Governor Lee, it ap- pears that the end of the war in victory to the American arms, and the triumphant establishment of the Declaration of Independence, were seen not far in the distance, and an act was passed empowering the governor and council to sell certain public property. This consisted of all the state's galleys, and the naval and military stores, reserving enough for the use of the militia ; all the saltpeter, salt pans, and H iS THE HISTORY OF MARYLAND. kettles, and all such of the horses, wagons, harness, and gears as they might think proper. ^i. In this year fourteen hundred soldiers were called for to fill up the ranks of the Maryland line in the field preparatory to the campaigns of L780. •2;>. In the spring, 1780, an act was passed by the legisla- ture explanatory of the treaty with France, made by author- ity of the ( lontinental Congress. " Be it therefore enacted," reads a section <>f the aot, "that the subjects of France within (lie state of Maryland, who have come or may conic to sojourn or reside within i lie same for the purpose of commerce or otherwise, shall have and enjoy all the rights, privileges, and exemptions of the full and fret' citizens of the stale, without taking any oath or giving any promise of allegiance or fidelity to this state." 24. The just and cultivated people of Maryland granted this privilege to the people of France beoause "his most, Christian majesty," the king of that nation, had granted that, the people of the United States should enjoy within his dominions the privileges of" the most favored nations,'" and further beoause of the generous and important aid which he afforded to the United Slates in the war for inde- pendence then in progress. 25, At the session of the legislature convened on the 17th of Ootober, L780, it was declared, in a preamble to an act, that it had been said the common enemy had been en- couraged, because the state of Maryland had not acceded to "the articles of confederation and perpetual union between the states, 11 " to hope that the union of the sister states might be dissolved, ami therefore prosecuted the war in expectation of an event so disgraceful to America ; that our friends and illustrious ally are impressed with an idea that the common cause would he promoted by our formally acceding to the confederation ; that the general assembly is conscious that the state has from the commencement of the war strenu- "ARTICLES OF CONFEDERATION " RATIFIED. \{\<) ously exerted herself in the common cause, and fully satis- fied that, if no formal confederation was to take place, it is the fixed determination of the state to continue her exer- tions to the utmost, agreeable to the faith pledged in the union." From an earnest desire, therefore, to conciliate the affection of the sister states, and to convince all the world of the unalterable resolution of the people of Maryland to sup- port the independence of the United States, the legislature passed an act instructing their delegates in congress to sub- scribe the " articles of confederation and perpetual union between the states," and the articles were finally ratified on the 1st of March, 1781. By acceding to the articles of the confederation, the state did not give up any right she had with the other states to the "back country," but claimed the same fully, relying on the justice of the several states as to the said claim made by this state. 26. In 1780, in the face of the treason of Arnold and the operations of the British army along the Hudson River, the legislature of Maryland passed an act " to seize, confiscate, and appropriate all British property within the state." This bold step had been taken in the previous year, but not completed ; and now they proceeded in earnest to carry out the original intention. 27. It was also enacted in this year that every witness attending the general court should be allowed eighty pounds of tobacco per day, besides itinerant charges ; that each witness attending the county, orphans', or other court should be allowed forty pounds, and that each constable should bo allowed twenty pounds for serving a warrant. Each juror was allowed, for attending the general court, eighty pounds of tobacco per day, besides itinerant charges, and for at- tending the county, orphans', or other court, forty pounds per day — the exchange of tobacco for money being made at the rate of twelve shillings and sixpence per hundred pounds. 28. Believing that as a last resort the British contem- 170 THE HISTORY OF MARYLAND. plated an invasion of the southern states, the legislature of Maryland directed that twelve thousand of the militia on the western, and eight thousand on the eastern, shore of the state be selected, armed, and disciplined ; and in an act for the defense of the bay, it was directed that there be pro- vided four large barges, fitted with sails and oars, armed with swivels, and carrying each at least twenty-five men ; one galley armed with two eighteen- and two nme-pounders and swivels, and one sloop or schooner capable of carrying- ten /owr-pounders. And, to protect the counties of Somerset and Worcester, there was to be raised a troop of horse, to consist of a captain-lieutenant, a cornet, and twenty-four dragoons, as well as a foot company, to consist of a captain- lieutenant, an ensign, and thirty non-commissioned officers and privates, to serve within the state for one year. And, further, in order to cut off the resources of a piratical enemy, the executive was authorized and requested to have all the inhabitants of the islands below Hooper's Strait, and between the sound and the bay, with their property, re- moved to some part of the mainland ; and to seize and sell all the vessels, boats, or canoes belonging to them ; and it was directed further that air vessels passing thither with- out leave should be seized. All persons were prohibited from living there during the war, under the penalty of forfeiture of all their property found there, and of being thereby deemed enlisted soldiers for the war. But, to make some compensation to the inhabitants, the said islands were not to be subject to any assessments, and such of the in- habitants removed as might need assistance were to be sup- ported by a levy made in the two counties, the amount of the levy to be paid back by the state. 29. In this year the British General Clinton was quietly shipping his army to the southern states, and Washington sent the Marylanders, under Small wood and Gist, to aid in the defense of South Carolina. While at Morristown, in th§ DEATH OF DE KALB. 171 state of New Jersey, in the same year, the Maryland forces were placed under the command of Major-General De Kalb, a German officer, and under him they fought the ba'ttle of Camden, on the 16th of August, 1780. Small wood, Gist, Williams, and Howard were in this battle, and General De Kalb was second in command. The militia of Virginia and the Carolinas soon fled from the contest, and the brave veterans of .Maryland marched up and met the foe. Lord Rawdon, the British officer in command, directed the fire of his regulars against the Marylanders, whose fame was known to him, and they returned the fire, advancing upon the enemy as each volley decimated their ranks. The noble De Kalb fell mortally wounded ; Rawdon's forces won the day ; Howard and Gist retreated in order, but the rest of the Marylanders were scattered in the swamps. 30. To the memory of De Kalb, the citizens of Camden erected a monument, the inscription upon which declares that he was a German by birth, but in principle a citizen of the world ; that his love of liberty induced him to leave the Old World to aid the citizens of the New in their struggle for independence ; that his distinguished talents and many virtues weighed with Congress to appoint him major-general in their revolutionary army, and that he fell, covered with wounds, while gallantly performing deeds of valor. 31. At their session, convened on the 17th of October, 1780, the Maryland legislature passed an act " to naturalize the sons of the late Major-General the Baron De Kalb." 32. In the preamble to the act for the confiscation of British property in Maryland, before referred to, the legis- lature declared that, in defiance of public faith and in breach of the capitulation of Charleston, the British officer com- manding in that department, under frivolous pretenses, had imprisoned the persons of several respectable citizens of that state, and confiscated their property ; and from the general conduct of the enemy it, might be justly inferred 172 THE HISTORY OF MARYLAND that their hatred and cruelty were not to be softened or re- strained by any respect to the usages of war, the obliga- tions of compacts, or the rights of humanity. 33. " And, whereas," continues the preamble, " by the Declaration of Independence, all political connection between Great Britain and these states is dissolved, and the sub- jects of Great Britain declared enemies in war, and in peace friends ; and by the law of nations the subjects of Great Britain in their separate and collective capacity are answer- able, not only for all expenses incurred by this state in con- sequence of the war, but for any injury or damage sustained by any of the subjects of this state since the commencement thereof, and their property wherever found is subject to seizure and confiscation." 34. At the October session of the legislature of 1780, William Paca, Uriah Forrest, and Clement Holliday were appointed commissioners for preserving all British property seized and confiscated by the act of that session. They were authorized to seize and confiscate all British property within the state, and they were declared to be in possession of all such property without any formal entry or act of seiz- ure. By virtue of this act a number of lots in the town of Baltimore were confiscated as the property of British owners. The several manors in St. Mary's, Kent, Charles, Queen Anne's, Dorchester, Somerset, and Worcester Coun- ties, which belonged to the lords proprietary of the province, and remained unsold by the agents of Frederick Lord Bal- timore, were seized by virtue of this act ; and the said act bound the state to warrant and secure to all purchasers and their heirs for ever any British property sold in pursuance of the act. 35. Without waiting for the close of the war, the brave Marylanders took the responsibility, and proceeded vigor- ously to eradicate all traces of British domination in the state. 36. In 1781 the legislature declared and enacted that, in PREPARATIONS FOR INVASION. 173 order " to ease the good people from a draft about to be made to fill up the ranks in the Maryland line, every free male idle person, above sixteen years of age, who was able- bodied and had no visible means of an honest livelihood, might be adjudged a vagrant and considered as an enlisted soldier, and the " taker up " of such a vagrant was exempted from the draft. 37. In 1781 it appeared evident that Lord Cornwallis, in command of the British forces in the south, and the trai- tor Benedict Arnold, in the Chesapeake, were preparing to invade Virginia and Maryland. Their plan was to invade every state, and take all the principal cities and towns on or adjacent to the seacoast, sweeping Yorktown, Richmond, Annapolis, and Baltimore as they proceeded. 38. To prepare for invasion, the governor of Maryland was empowered to purchase a certain galley in Baltimore town, and to build a second one, both of which should be completely fitted and manned, and employed in compliance with the direction of the governor and council. He was also authorized to procure, fit, and man any number of barges not exceeding eight for the defense of the state. 39. Owing to the fearful state of the times, to an in- vasion from the south, and to the report of an extensive and dangerous conspiracy in the back counties, it was en- acted in this year that any person charged with being a spy, or an emissary from the enemy, might be tried by a tribunal appointed by the governor and council of state, composed of military or militia officers, whose sentence, if ratified by the governor, might " extend to the taking away of his life." No lives, however, were taken away by virtue of this act, except, perhaps, the lives of certain conspirators who were arrested in the back counties for an attempt to raise an insurrection on the western frontiers of the state. CHAPTER XIX. 1781-1782. Wnr in the South. — Maryland Line. — Colonel Howard. — Colonel Williams. — General Smallwood. — Thanks of Congress. — Washington College. — Schools. — Peace declared. 1. Turning again to the war in the south, it is found that, in the beginning of the year 1781, Colonel Tarleton, in command of a body of British horse and foot, was in close pursuit of the forces of General Morgan, in which there were a body of continental infantry of the Maryland line and two companies of Virginia militia commanded by Colonel John Eager Howard, of Maryland. 2. Colonel Tarleton, says General Lee, after a severe march through a rugged country, came in sight of General Morgan's forces on the 17th of January at a place called the Cowpens, in South Carolina. Tired of being pursued by his enemy, Morgan halted his command at the Cowpens, and sat down to give refreshment to his men, with a resolu- tion to no longer avoid a battle. The British, hurrying for- ward, were at length gratified with the prospect of a battle. Colonel Tarleton directed his line to advance on Morgan. They shouted, rushed forward on his front line, and poured in a close fire. Continuing to advance with the bayonet on the American militia, they retired in haste to the second line. Colonel Pickens, of South Carolina, took post on Colo- nel Howard's right. Tarleton pushed forward, and was received with unshaken tirniness. The contest became more BATTLE OF THE COWPENS. 175 and more obstinate ; and each party, animated by the exam- ple of its leader, nobly contended for victory. So firmly did the Americans maintain their ground that the British were obliged to bring in their reserve. This movement ani- mated the British line, which again moved forward, out- stretching the American front, and greatly endangering Colonel Howard's right. This brave Maryland officer in- stantly took measures to defend his flank, by directing his right company to change its front. 3. Mistaking this order, the company fell back, and the line began to retire, General Morgan directing it to retreat to the cavalry. This movement being performed with pre- cision, the American flank became relieved, and the new position was assumed. Considering this retrograde move- ment a preparation for flight, the British line rushed on in fury ; but, as it drew near, Colonel Howard faced about and gave it a close and most destructive tire. Stunned by the shock, the enemy's advance recoiled in disorder, and Colonel Howard, quick in perception, seized the advantageous mo- ment, following it up with the bayonet. This decisive step gave the Americans the victory, and posterity will not cease to venerate the noble Howard as the hero of the hard-fought battle of the Cowpens. It was won by the brave Howard and his invincible Marylanders. Congress voted to him a silver medal for his meritorious and fearless conduct. 4. On the 15th of March, 1781, a battle was fought at Guilford court-house, in North Carolina, at which the Maryland line was well represented under the command of Colonel Otho Holland Williams. At this battle the first Maryland regiment, commanded by Colonel John Gunby, was present, with Lieutenant-Colonel Howard second in command. The enemy rushed into close fire, but, so firmly was he received by the brave Marylanders, supported by Virginia and Delaware forces, that he was again forced to recoil from the shock. Discovering the second Maryland 176 THE HISTORY OF MARYLAND. regiment, commanded by Colonel Ford, on the left of the first, the British pushed forward upon it. Being overpow- ered by numbers, it gave way, to the surprise of Colonel Wil- liams, leaving two pieces of artillery to the enemy. Gun- by, being left free, wheeled upon the British, who were pursuing the second regiment in its flight, and manfully strug- gled for victory. Colonel Washing- ton, with his cavalry, pressed forward to the scene of action, and fell upon the enemy with sword in hand. He was followed by Colonel Howard and his veteran Marylanders, with fixed bayonets. This combined operation was irresistible. Stewart, the British officer in command, fell by the sword of Captain Smith, of the first regiment of Maryland, the two field-pieces were recovered, and the British battalion was driven back with slaughter. Its remains were saved by the enemy's artillery, which, to stop the ardent pursuit of Washington and Howard, opened upon friends as well as foes. Lord Cornwallis, seeing the vigorous advance of these two offi- cers, determined to arrest their progress, though every ball leveled at them could only pass through the flying guards. Checked by this cannonade, and discovering one regiment passing from the woods on the enemy's right across the road, and another advancing in front, Colonel Howard, be- COLONEL WILLIAMS. RATTLE OF EUTAW SPRINGS. 177 lieving himself to be destitute of support, retired, followed by Colonel Washington. 5. " This battle was fought on the 15th of March," said General Henry Lee, " a day never to be forgotten by the southern section of the United States. The atmosphere calm, and illumined with a cloudless sun ; the season rather cold than cool ; the body braced and the mind high-toned by the state of the weather. Great was the stake ; willing were the generals to put it to hazard, and their armies seemed to support with ardor the decision of their respective leaders." 6. After the battle of Guilford court-house, General Greene, in command of the southern army, encamped for a season of rest on the " high hills of the Santee." In Au- gust, 1781, he broke camp, and marched to the southward. The enemy, retreating in the same direction, were finally overtaken by him at Eutaw Springs, in South Carolina, where a battle was fought on the 8th of September in that year. The Americans soon obtained a view of the full body of the British, and quickly Colonel Williams, of the Mary- land line, brought up Captain Gaines, with two pieces of artillery, in full gallop, who, preparing for action, took his part with decision and effect. The Marylanders, under the command of Williams and Howard, were on the left of the second line of battle, resting with their left flank on the Charleston road. 7. The British army was drawn up in one line a few hundred paces in front of their camp, with two separate bodies of infantry and cavalry posted in the rear, ready to be applied as contingencies might point out. The third regiment, called the Buffs, had lately arrived from Ireland, and had never before been in action. During the continu- ance of the battle, this regiment was opposed to the Mary- landers under Colonel Howard, and such was the obstinacy with which the contest was maintained that a number of 17S THE HISTORY OF MARYLAND. Mary landers and Buffs fell transfixed by each other's bayo- nets. 8. General Greene, determined to strike a decisive blow, brought up all the Marylanders and Virginians, when the American line became dark and dense, and the battle raged with redoubled fury. Colonel Howard was severely wounded. The victory of the day was claimed by both sides, yet the benefits resulting from it were in favor of the Americans. 9. On the 29th of October, 1781, Congress voted " that the thanks of the United States in Congress assembled be presented to Major-General Greene, for his wise, decisive, and magnanimous conduct in the action of the 8th of Sep- tember last, near the Eutaw Springs, in South Carolina, in which, with a force inferior in number to that of the enemy, he obtained a most signal victory. 10. " That the thanks of the United States in Congress assembled be presented to the officers and men of the Mary- land and Virginia brigades, and Delaware battalion of con- tinental troops, for the unparalleled bravery and heroism by them displayed in advancing to the enemy through an incessant fire, and charging them with an impetuosity and ardor that could not be resisted." 11. On the 19th of October, 1781, Lord Cornwallis sur- rendered to General Washington at Yorktown, in Virginia, after a weak effort to oppose the combined forces of the Americans and French. In this action a portion of the old Maryland line was present, and acquitted itself with its usual honors. The war was now at an end ; the revolution, commenced in Massachusetts in 1775, was finished in Vir- ginia in 1781, and the thirteen British colonies of America were now free, independent, and sovereign states. 12. Dating " Camp near York, October, 1781," General Washington wrote to Governor Lee, of Maryland, transmit- ting the terms upon which Lord Cornwallis had surren- WASHINGTON'S CONGRATULATIONS. 179 dered. "My present engagements," writes the illustrious Washington, " will not allow me to add more than my con- gratulations on this happy event, and to express the high sense I have of the powerful aid which I have derived from the state of Maryland in complying with my every request to the executive of it. The prisoners will be divided be- tween Winchester, in Virginia, and Fort Frederick, in Mary- land." 13. Washington, doubtless, remembered when a part of a Maryland regiment overawed and brought to a stand a whole brigade of British at Long Island ; how, at White Plains, they held in check the advancing columns of well- disciplined regulars ; and how, at Harlem Heights, they forced the enemy to fly from the scene of carnage. 14. The Maryland line was also represented at Trenton and Princeton, and, with the exception of that at which Burgoyne surrendered in 1777, there were no important battles fought during the revolution in which it did not take an honorable part. 15. The smoke of battle had scarcely lifted and floated away before the people of Maryland turned to encourage- ment of learning in the state. It v/as believed that institu- tions of a high grade for the liberal education of youth in the principles of virtue, knowledge, and useful literature, are of the highest benefit to society ; that, in order to raise up and perpetuate a succession of able and honest men, such institutions of learning had merited and received the attention of the wisest and best-regulated states. It was remembered that provincial legislatures had laid a foundation for this good work by erecting county schools for the study of Latin, Greek, writing, and the like, intend- ing to erect one or more colleges, but the continuance of this great and laudable work had been interrupted by sundry incidents of a public character. It had also been interrupted and retarded by the great difficulty in fixing a situation on 180 THE HISTORY OF MARYLAND. either shore of the state for a seminary of " universal learn- ing," which might be of equal benefit and convenience to the youth of both shores. 10. It was, therefore, in 1782, represented to the legis- lature that it would probably tend most to the immediate advancement of literature in the state, if the inhabitants of each shore should be left to consult their own convenience in founding and endowing a college of general learning, each for themselves, under the sanction of law. These two colleges, if thought most conducive to the advancement of learning, religion, and good government, might afterward, by common consent, be united under one supreme legisla- ture and " visitatorial jurisdiction," as distinct branches of the same state university, notwithstanding their distance of situation. 17. The visitors of the Kent County school in the town of Chester had represented to the legislature that the said school had of late increased greatly, by an ac- cession of students from various parts of the eastern shore and the state of Delaware, so that at the time there were one hundred and forty students in attendance, and that the number was expected to increase in a short time to two hundred. 18. The Latin and Greek languages, English, French, writing, merchants' accounts, and the different branches of the mathematics, were taught in that school, and a number of students were preparing for and desirous to enter upon a course of philosophy, and must repair to some other state to finish their education, unless the plan of the school was enlarged. 19. The visitors therefore prayed that the Kent County school be enlarged into a college or place of universal learn- ing, and the legislature enacted that the visitors of the school should have full power and authority to erect it into a college. The act appointed twenty-four visitors or gov- "WASHINGTON COLLEGE." 181 ernors of Washington College, who were declared to be " one community, corporation, and body politic, to have continuance for ever in the state of Maryland, in honorable and perpetual memory of his excellency General Washing- ton, the illustrious and virtuous commander-in-chief of the armies of the United States." Thus was the name of the old provincial school of Kent County changed to " Wash- ington College." 20. The visitors or governors of the college were em- powered to make and use one common and public seal, like- wise one privy seal, with such devices or inscriptions as they should think proper, and by a written mandate under the said privy seal, students were to be admitted to such degrees as were usual in other colleges or universities in America or Europe. 21. In 1782 it was enacted by the legislature of Mary- land that all ships or vessels built by any of the inhabitants of the state for any citizens of the United States, or any vessel the property of, or built for, a subject of any power or state not at enmity or war with the state of Maryland, might be registered according to the act. Registers, which had been formerly granted by the governor of the state, were now to be granted by the naval officer of the port from which the vessel hailed. 22. In the same year, an act was passed to permit " the United States in Congress assembled," to impose a duty of five per cent, on imported foreign goods, and on all prizes and prize goods, for the payment of the debt contracted by Congress during the revolutionary war. The act em- powered the United States to impose this duty upon all goods, wares, and merchandise of foreign growth or manu- facture imported into the state from any foreign port, island, or plantation, provided that arms, ammunition, cloth- ing, and other articles imported on account of the United States, or any of them, and wool cards, cotton cards, and 182 TIJ E HISTORY OF MARYLAND. wire for making them, and salt, be exempted from the said duty during the war. 23. On the 4th of November, 1782, the legislature met at Annapolis, and, on the 15th of the same month, William Paca, one of the signers of the Declaration of Indepen- dence, was elected governor of the state. Governor Paca was born in 1T40, was a member of the provincial legisla- ture in 1771, and a member of the Continental Congress in 1776. 24. In 1783, it was enacted under the administration of Governor Paca that " no person of the sect, society, or pro- fession of the people called Methodists shall be fined for preaching the gospel without taking the oath or affirmation prescribed by the act for the better security of the govern- ment, unless it shall appear that such Methodist, by his ac- tion and conduct, has manifested a disposition inimical to the government of the state." From this time Methodism in Maryland became more respected and prosperous ; the building of many churches followed, and camp-meetings, which were considered generally as gatherings of the people from which little or no good resulted, were numerously attended by the most respectable people of the state. 25. On the 19th of April in this year the treaty of peace between Great Britain and the United States was ratified, and at the session of the legislature, convened on the 21st of the same month, another act was passed concerning the registry of ships. It declared that since the treaty of peace it was improper to prevent subjects of Great Britain from hold- ing property in vessels belonging to and owned with citizens of the state, and that vessels ought to be entered and cleared from or to any part of the British dominions. It was en- acted, therefore, that thereafter, in granting registers, such part thereof as prevents the subjects of Great Britain from holding shares or interest in vessels, one third whereof be- longed to citizens of the state, should in future be omit- AN ACT CONCERNING COPYRIGHTS. 183 ted ; and every register thereafter granted was to be cor- rected so as only to prevent subjects of any state at enmity or war with the state of Maryland or the United States from having property in any vessel declared by law to be- long to the state. 26. In the same year the legislature invested the " Con- gress of the United States " with power to levy duties, on cer- tain articles imported into the state, for the support of the general government. Upon all rum of Jamaica proof, per gallon, a levy of four ninetieths of a dollar was allowed ; upon all other spirituous liquors, three ninetieths of a dol- lar per gallon ; upon Madeira wine, twelve ninetieths of a dollar ; upon all other wines, six ninetieths of a dollar ; upon common Bohea tea, six ninetieths of a dollar per pound ; upon all other teas, twenty-four ninetieths of a dollar ; upon pepper, three ninetieths of a dollar ; upon brown sugar, one half a ninetieth of a dollar ; upon loaf sugar, two ninetieths of a dollar ; upon all other sugars, one ninetieth of a dollar ; upon molasses, one ninetieth of a dollar per gallon ; upon cocoa and coffee, one ninetieth of a dollar per pound, and upon all other goods, wares, and mer- chandise of foreign growth or manufacture, imported into the state from any foreign port, island, or plantation, a duty of five per cent, ad valorem, at the time and place of im- portation. This law affords some information as to how the different states of the Union contributed to the support of the general government before the constitution of the United States was framed and adopted. 27. In 1783, also, the legislature of Maryland passed an act concerning copyrights, or literary property, in the pre- amble to which it was declared that printers, booksellers, and other persons might take the liberty of printing and publishing books and other writings without the consent of the authors and proprietors of such books and writings, to their great injury. 184 THE HISTORY OF MARYLAND. 28. Therefore, for the encouragement of learned men in the state, it was enacted that the author of any hook or books, writing or writings, already composed and not printed and published, or that might hereafter be composed, should have the sole liberty of printing and reprinting such book or books, writing or writings, for the term of fourteen years, to commence from the day of the first publishing of the same. Violators of this act w r ere made to forfeit to the authors infringed upon, all the books illegally printed, and were fined twopence for every sheet found in his or her custody, either printed or being printed, published or ex- posed to sale, contrary to the true intent and meaning of the act. This act of the Maryland legislature, passed even before the footprints of British soldiery on the sands of the American shores had worn away, afforded a precedent which was followed by the Congress of the United States, with respect to copyrights, after the adoption of their con- stitution and form of general government. CHAPTER XX. 1783-1785. The Army disbanded. — Washington at Annapolis. — The Potomac Canal Com- pany. — George Town. — Ships and Shipping. 1. In September, 1783, a proclamation was issued by Congress disbanding the army of the United States. On the 4th of December, the principal officers of the army as- sembled in New York to take leave of Washington, their beloved commander-in-chief. " With a heart full of love and gratitude," said the great chief, " I now take leave of you. I most devoutly wish that your latter days may be as pros- perous and happy as your former ones have been glorious and honorable." 2. Washington, hastening on to Annapolis, in Maryland, where the Congress of the United States was in session, ar- rived thei - e on the 17th of December. Generals Gates and Smallwood, accompanied by the most distinguished citizens of the state, met him within a few miles of the city, and escorted him to apartments prepared for his reception. 3. On the 23d of December, in the presence of the Con- gress, the governor, and council of the state, and a vast body of prominent citizens, consisting of ladies and gentle- men of Maryland, and other states, he addressed the presi- dent of Congress, and resigned his commission as command- er-in-chief. The battles of a glorious war had been fought since he first appeared before Congress to accept the com- mand of their armies. Now the eyes of a new-born nation were upon him ; the voices of a liberated people proclaimed ;-., THE UISTOEY OS MARYLAND. him their preserver; and from Maryland, a state that had so nobly answered the calls of the chief daring the progress of the war, he retired to private life at -Mourn Vernon, the home of his heart. 4. "The great events on which my resignation de- pended,*' -aid Washington, addressing the president of Con- . "having at Length taken place, J have now the honor of offering my sincere congratulations to Congress, and of presenting myself before them to surrender into their hands the trust committed to me, and to claim the indulgence of retiring from the service of my country. 5. " Happy in the confirmation of our independence and sovereignty," continued the chief, "and pleased with the opportunity afforded the United States of becoming a re- spectable nation, I resign with satisfaction the appointment I accepted with diffidence —a diffidence in my abilities to ac- complishso arduous a task, which, however, was superseded by a confidence in the rectitude of our cause, the support of the supreme power of the Union, and the patronage of Heaven. 6. "Having now finished tin- work assigned me, r -aid he, in conclusion, "I retire from the great theatre of action, and. bidding an affectionate farewell to this august body, under whose orders I have Long acted, I here offer my com- mission, and take leave of all the employments of public life." 7. The address having ended, General Washington ad- vanced and delivered hi- commission into the hand of the president of Congress, who, on receiving it, made an appro- priate reply. This interesting event, which took place at Annapolis, on the soil of Maryland, makes a brilliant page of the history of the state, and young and old will look haek to it. from the remote ages of posterity with pleasure, pride, and patriotism. 8. In duly, 1783, the king of (Ureal Britain issued a A TAX IMPOSED ON BRITISH SHIPPING. 187 proclamation in effect that the growth or produce of any of the United States be prohibited from carriage to any part of the British West Indies by any other than British subjects in British-built ships, owned by subjects of Great Britain, and navigated according to the acts of Parliament, The legislature of Maryland, therefore, in the same year declared that proceedings which exclude the vessels of any of the United States from carrying the growth or produce of said states to any of the British West India islamic, or from bringing from said islands any of their growth or produce, was repugnant to the principles of reciprocal inter- est, and aimed at the sole monopoly of the carrying trade. A law Avas therefore passed that five shillings per ton be imposed upon every ton of British shipping at the entrance or clearance of any British ship at the ports of Maryland ; and that no register should be granted by the naval officers of the state to any ship or vessel owned in whole or in part by any British subject. 9. The acts of the first constitutional Congress of the United States relating to foreign ships and shipping had their foundations in the precedents afforded by the acts of the legislature of Maryland, passed in and prior to the year 1783 ; and the practice of depositing the registers of foreign ships during their continuance in the ports of the United States in the offices of foreign consuls residing in this coun- try, originated in the state of Maryland. The precedent was established by an act of the legislature at the Novem- ber session of 1783, which directed that tin; registers and other papers belonging to French vessels in the ports of Maryland, should be deposited with the French consul resi- dent near such ports, until the naval officer at such port or ports should certify to said consul that all duties due from said vessels to the state were fully paid. 10. The legislature of 1784 declared in the preamble to an act that institutions lor the education of youth, under 188 THE HISTORY OF MARYLAND. the care and patronage of the state, have ever been encour- aged by the wisest nations, as the most effectual means of disseminating the principles of religious and civil liberty, private and public virtue, and those liberal arts and sciences which are at once the greatest ornament of a free republic, as well as the surest basis of its stability and glory. 11. They declared, further, that former legislatures of the state had at various times considered how to make last- ing provision for the good education of their youth, and had made considerable progress in the good work. That this was done by sundry laws for the establishment of county schools, and by the grant of money for the sole pur- pose of erecting and endowing a college or general seminary for the state. 12. In pursuance of an act for founding a college at Chestertown, very large sums of money had been raised by private contributors on the eastern shore, and applied to building and carrying on said college. The legislature had on former occasions resolved that such exertions for the public good merited its approbation, and ought to receive the public encouragement and assistance. 13. The visitors and governors of the college set forth that the sum of ten thousand pounds, which they had raised for carrying on the college, would not be more than suffi- cient to furnish and prepare the building for the reception of the masters and scholars, and for purchasing a library and the necessary apparatus, mathematical and philosoph- ical. 14. They prayed, therefore, that a permanent yearly fund, in addition to the tuition money to be paid by the scholars, might be granted by the state ; and, in answer, the general assembly declared that they were desirous, as far as the public circumstances would permit, to encourage a seminary so successfully begun, and intended to be for ever dedicated and carried on by the name of Washington Col- COMPLIMENTS TO LAFAYETTE. 189 lege, in honorable and perpetual memory of the late illus- trious and virtuous commander-in-chief of the army. 15. They therefore enacted that the sum of twelve hun- dred and fifty pounds current money be annually and for ever thereafter given and granted as a donation by the public to the use of Washington College, to be applied by the visitors and governors of the said college to the payment of salaries to the principal, professors, and tutors of said college. It will be seen that the desire of the founders of literary institutions in Maryland has not grown less in their supporters, for the state can clai^a as her own, institutions of learning of high and low grade not to be surpassed by any similar ones in the United States. 16. The desire of Lafayette once more to see the land of his adoption and the associates of his glory — his fellow- soldiers in the war for independence, who had become to him as brothers — induced him to pay a visit to the United States in 1784. 17. In this year the general assembly of Maryland, as expressed in. the preamble to an act, desired to perpetuate a name dear to the state, and recognize the Marquis de La Fayette for one of its citizens, who, at the age of nineteen years, left his native country, and risked his life in the American revolution. The legislative power of the state complimented him by saying that, upon joining the Ameri- can army, after being appointed by Congress to the rank of major-general, he refused the usual rewards of command, and fought only to deserve' what he attained, the character of patriot and soldier. When appointed to conduct an ex- pedition into Canada, he called forth, by his prudence and extraordinary discretion, the approbation of Congress ; and, when at the head of an army in Virginia, baffled the skill of a distinguished general, and excited the admiration of the oldest commanders. He attracted early the notice and obtained the friendship of Washington. 190 THE HISTORY OF MARYLAND. IS. The assembly of Maryland enacted, therefore, that the Marquis de La Fayette and his heirs male forever should be deemed, adjudged, and taken to be natural-born citizens of the state, and should be entitled to all the immunities, rights, and privileges of the same. 19. In the same year the Potomac canal company was chartered by the state of Maryland. An initial movement for clearing the Potomac River had been made, as far back as the "year 1774, by such men as George Washington, Charles Carroll of Carrollton, Daniel Dulany, Daniel of St. Thomas Jenifer, Adam Stephen, and Thomas Johnson, the latter of whom was made the first constitutional governor of the state. 20. In the same year in which the Potomac company was chartered, the state of Virginia tendered to " George Wash- ington, Esquire," fifty thousand shares of the stock of this company, and one hundred thousand shares of the James River company's stock, to testify her sense of his " unexam- pled merits toward his country." For this Washington returned his thanks in the most grateful manner, but de- clined the gift. In doing this, he used words which should not be forgotten by men who accept high public trusts. " When," said he, " I was called to the station with which I was honored during the late conflict for our liberties, I thought it to be my duty to join to a firm resolution to shut my hands against every pecuniary recompense. To this resolution I have invariably adhered, and from it, if I had the inclination, I do not consider myself at liberty to de- part," 21. General Washington was first president of the Po- tomac company, and assisted in person in the survey of the river. The object of the company was, by means of locks, dams, and short canals, to make the upper Potomac naviga- ble. The work was so far proceeded with as to afford a pre- carious navigation at high water for flat-boats from George THE COURT-HOUSE IN BALTIMORE IMPROVED. 101 Town to Cumberland. The route was exceedingly danger- ous, and a great number of boats were wrecked every spring. This company was finally merged into the Chesa- peake and Ohio canal company. 22. In the year 1784 it was represented to the general assembly of the state that the court-house in the town of Baltimore, by its position on a hill about twenty feet above the pitch of Calvert Street, and by crossing the street in a due east and west course, checked the town, both in its growth and prosperity, inasmuch as the extent of Calvert Street was limited by the court-house, and all direct inter- course with the country thereby prevented ; that the said court-house, by being underpinned and arched by three arches added to the building on the south side, and an equal number of corresponding arches on the north side, the center arches to be twenty-eight feet in the clear, and eigh- teen feet high, the other six feet in the clear, and tw r elve feet high, or thereabout, would thereby open a communica- tion with the country, and permit the pitch of the street to be continued without damage to the said court-house, and that persons were disposed to undertake the same at their own expense and risk. This work was done under the di- rection of the commissioners of the town, which prepared the way for a beautiful, extensive, and useful square on Calvert Street. 23. In the 8th article of the articles of confederation and perpetual union between the states, it was declared that " all chai'ges of w r ar, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion to the value of all land within each state granted to, or surveyed for, any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in TEE HI MARYLAND. Congress assembled shall from time to time direct and int." . Their session of 17*4 the delegates in the p - eral asseix Lary land instructed the delega: gress - tion of the following the 8th section of the articles of confederation, in place of in the preceding paragraph : u That all charges of war, and all other expenses that hare been or shall be ineurr mmon d . ral welfare, and allowed Stal assemble : : ar as shall be otl led for, shall be defrayed out of a com- mon treasury, which shall be supplie proportion to the whole number of white and other free citi- zens and mhabitarr :- Edition, including bound to servitude for a term ■.: nd three fifths of all other persons not comprehended in the forego: . seription, except Indians not paying taxes in ea 25. was the sense of the delegates in the assembly that institutions for the liberal education of youth in the principles of virtue, knowledge, and useful literature f the highest benefit Vat - ieved such re necessary in order to train up and perpetu- n of able and honest men, for discharging the various offices and duties of life, both civil and rel: _ maintained that such institutions of learning had been promoted and encouraged by the wisest and . lated 1 it appeared to the general assembly that many public-spirited individuals, from an ear- mote the founding of a college on the western shore of the had subscribed and procured subscriptions to a con- siderable amount. They had reason to believe tha: large additions to these subscriptions would be obtained throughout the different counties of the rn shore if the subscribers were made capable in law to apply the same '. .~. j.- I :' . .;_ ;::: \ : .'L-.z- GEORGE TOfTX 293 26. The general assembly highly approved the generous exertions of the people, and were desirous to embrace that present favorable occasion of peace and prosperity for mak- ing lasting provision for the advancement of knowledge through every part of the state. 27. It was therefore enacted that a college by the name of St. John's should be established on the western shore of the state upon inviolable principles. It was founded, ac- cordingly, to be maintained for ever upon a most liberal plan for the benefit of youth of every i-eligious denomination. They were admitted to equal privileges and advantages of education, and to all the literary honors of the college ac- cording to their merit. Xo civil or religious test was re- quired or enforced, and the scholars were not urged to at- tend upon any particular religious worship or service, other than that in which they had been educated, unless by the consent of their parents or guardians. Xo preference was given in the choice of a principal, vice-principal, or other professor, master, or tutor, on account of his particular re- ligious profession ; but regard was paid solely to his moral character and literary abilities. 28. In a preamble to the act establishing this college, it is said it appeared to the general assembly that the connec- tion between the two shores of Maryland would be greatly increased by uniformity of manners and joint efforts for the advancement of literature under one supreme legislative and visitatorial jurisdiction. It was therefore enacted that Washington College on the eastern shore, and St. John's College on the western shore, should be one university, under the name of the University of Maryland, whereof the governor of the state, for the time being, should be chan- cellor. 29. George Town, on the Potomac River, which had be- come a place of commercial importance, was, in 1783, in- creased in size by the addition of a tract of land called the 9 194- THE HISTORY OF MARYLAND. Rock of Dumbarton, and in 1784 it was further increased by the addition of other tracts called Discovery, Frogland, Resurvey on Salop, and Conjurer's Disappointment. The town at this time was in a condition to keep equal pace with Baltimore. 30. In this year an act was passed to establish funds to secure the payment of the state debt within six years, and for the punctual payment of the interest on the same. In passing this act it was declared that justice and policy re- quired that the state ought, on all occasions, most inviolably and religiously preserve its plighted faith and honor, and provide funds to secure the payment of all debts due from the public within such reasonable time as the circumstances of the people would permit. 31. After the establishment of independence, the legis- lators of Maryland discovered that the laws respecting com- merce, the duty of naval officers, the registering of ships, and the exportation and importation of goods, wares, and merchandise, did not well apply to the circumstances of a great number of cases, and it was enacted that no ship or vessel should be deemed a ship or vessel of the free and sovereign state of Maryland, unless one half thereof was the actual property of one or more citizens of the state. 32. Every ship above forty feet keel, one sixth part of which belonged to a citizen of the state, was compelled to obtain from a naval officer, a register, signed and sealed by the governor of the state, and countersigned by the clerk of the council, and, if the owner of any vessel of or under forty feet keel, desired to have a register for the same, it might be granted in the same manner as to other vessels. 33. The register contained a description of the ship or vessel, setting forth that she was round- or square-sterned, the length of her keel, her tonnage, the time and place of construction, her owners' and master's names, and an oath or affirmation to the effect that no subject of any state at AN ACT OF SOVEREIGNTY. 195 war or enmity with the state of Maryland or the United States, had any share or interest in said ship or vessel to the best of the knowledge and belief of the deponent. 34. The naval officer residing at the port or within the naval district to which the vessel belonged, in issuing the register, also administered the oath or affirmation, and with her register on board and the flag of Maryland at her mast- head, she traversed the highway of nations. 35. The tonnage of a double-decked vessel of Maryland was ascertained by taking the length of her keel, her breadth within board by the midship beam from plank to plank, and half the breadth was accounted as equal to her depth. The length, breadth, and depth were multiplied together, the product divided by ninety-five, and the quotient indicated the true tonnage of the ship. In a single-decked vessel the length of keel, breadth of beam, and depth of hold were multiplied together, and the product divided by ninety-five as in the case of double-deekers. Every ninety-five cubic feet in the hold of a vessel was therefore equal to one ton carrying capacity. 36. The granting of a register to a ship by the state of Maryland was an act of sovereignty, and the great ad- vantage of registry is the information every person may obtain of the true relations and circumstances of the ship. Maryland as a sovereign power adopted all the principles of the ancient laws of navigation, and established many others, which afforded precedents for the national legislature in enacting laws of shipping after the adoption of the national constitution. In Maryland, as in other sovereignties in Europe, the register, flag, and pass or clearance of a ship were taken as proof of her nationality, in observance of the ancient principle laid down by the English court of admi- ralty, " that the flag and pass are so conclusive of the ship's nationality, that no counter evidence can be admitted." In 1784, the flags of thirteen distinct American sovereignties, 196 THE HISTORY OF MARYLAND. to the great surprise of the old dynasties of Eu rope, streamed over the high seas, carrying goods, wares, and merchandise from one nationality to another. 37. Ships of Maryland were not allowed to receive car- goes on board without first obtaining a register and permit from a naval officer. A violation of this law led to the for- feiture of the ship, with all her guns, ammunition, tackle, apparel, and furniture ; the same penalty was incurred if the ship should depart from port without a clearance or pass, and the master of the vessel, on application to a naval officer for clearance, was required to furnish on oath fair manifests, in duplicate, containing the marks, number, and contents of all boxes, hogsheads, barrels, and packages on board. 38. If any person should forge or counterfeit any regis- ter, clearance, certificate, or permit granted to a ship of Ma- ryland, he was liable to a fine not exceeding five hundred pounds, to imprisonment not exceeding twelve months, or corporal punishment not exceeding thirty-nine lashes. 39. If any person connected with a registered ship or vessel of Maryland, as owner, master, or mariner, should willfully cast away, burn, or sink such ship or vessel, or em- ploy others to do the same, he was liable to be adjudged guilty of felony, and to suffer death without benefit of clergy. 40. Every naval officer of the state,before entering upon the duties of his office, was required to give bond in the sum of five thousand pounds for the faithful performance of his duties. Certain foreign coin was made the current money of the state, and all duties on tonnage, entering and clearing of ships, all fines and forfeitures, and fees of office imposed by law, were made payable in foreign gold and silver coin. 41. It was the law that, if any master of a merchant ship or other vessel, during his being abroad, should force his apprentices or any mariner on shore, or willfully leave him MARINE LAWS OF MARYLAND. 197 behind at any port or place out of the state, or refuse to bring him home, if in condition to return, such master should forfeit fifty pounds current money, or suffer twelve months' imprisonment, or both, at the discretion of the court. 42. It was not lawful for a mariner or seaman belonging to a vessel of Maryland to go and remain on shore at Balti- more Town,at any time between sunset and daybreak, with- out leave in writing from the master of the vessel to which he belonged, and no inhabitant of the town was allowed to entertain such mariner or seaman, within the time afore- said, without permission, under the penalty of five pounds current money for every offense. Such were some of the marine laws of Maryland in force during the time she exer- cised the prerogative of sovereignty, under the articles of confederation and perpetual union. 43. In 1784 Maryland had made one hundred and fifty years of history. Her venerable colonists had long since rested from their labors ; her stalwart men and noble moth- ers of the preceding century had given their life-work to the state and sunk to rest, and babes by degrees had grown up and assumed the cares of life. In looking through the long array of years that covered the distance back to the first settlement of the state, the citizens learned to gird on the armor of true manhood, energy, and faith. Nobly they commemorated the virtues of ancestral worth, and, taking up their own work, labored for country, race, and posterity. CHAPTER XXI. 1785-1794. Governor SmaUwood. — Baltimore enlarged. — Towns erected. — General Wil- liams. — Death of Thomas Stone. — Cumberland erected. — Turnpike Roads. — Governor Howard. — Washington City. — Braddock's Road. — Territory of Columbia. 1. Ox the 17th of November, 1785, Major-General Wil- liam Smalhvood, a prominent leader of the old Maryland line during the war of the revolution, was elected governor of Maryland. 2. In this year a compact, made by commissioners ap- pointed by the general assembly of Virginia and others ap- pointed by the state of Maryland, was ratified and confirmed to settle the jurisdiction and navigation of the Potomac and Pocomoke Rivers, and that part of the Chesapeake Bay that lies within the state of Virginia. George Mason and Alexander Henderson were the commissioners on the part of Virginia, and Daniel of St. Thomas Jenifer, Thomas Stone, and Samuel Chase on the part of Maryland. 3. In the compact Virginia disclaimed all right to im- pose any toll, duty, or charge on any vessel sailing through the capes of the Chesapeake to the state of Maryland. Any vessel, inward or outward bound, might freely enter any of the rivers in Virginia as a harbor, or as a place of safety against an enemy ; also the parts of the Chesapeake within that state as well as the Pocomoke River. 4. The state of Maryland agreed in turn that any ves- sel belonging to Virginia might freely enter any of the rivers THE POTOMAC MADE A COMMON HIGHWAY. 19«J of Maryland, as a harbor, or for safety against an enemy, without the payment of any port duty or any other charge. 5. Vessels of war, the property of either state, should not be subject to the payment of any duties when sailing within the waters of the two sovereignties ; and vessels not exceeding forty feet keel, nor fifty tons register, the prop- erty of any citizens of either state, having on board the pro- duce of one state or the other, or both, might trade in any part of either state by permit from a naval officer, without being subject to port charges. 6. All merchant vessels navigating the Potomac were required to enter and clear at some Naval office on the river, according to the laws of the state in which such entry or clearance might be made. When any vessel should make an entry in both states, such vessel was subject to tonnage dues in each state, only in proportion to the commodities carried to or taken from such state. 7. The Potomac was made a common highway for navi- gation and commerce to the citizens of the two states, and of the United States, as well as to all other persons in amity with the said states, trading to or from Virginia or Mary- land. 8. The citizens of each state respectively had full prop- erty in the shores of the Potomac adjoining their lands, with all the advantages thereunto belonging, with the privi- lege of carrying out wharves and other improvements so as not to obstruct navigation. The right of fishing was made common to all citizens of each state, provided the common right exercised by those of the one state might not dis- turb the fisheries on the shores of the other. 9. Light-houses, beacons, buoys, and other necessary signals were erected and maintained upon the Chesapeake between the sea and the mouths of the rivers Potomac and Pocomoke, and upon the former river, at the joint expense of both states. 200 THE HISTORY OF MARYLAND. 10. All piracies, crimes, and offenses committed on the waters of the Potomac River by the citizens of either state against the citizens of the other, were made punishable in the courts of the state of which the offender was a citizen ; and all piracies, crimes, and offenses, committed by persons not citizens of either state upon persons not citizens of either state, were made punishable in the courts of the state to which the offender should first be brought. 11. The general assembly of Maryland, being of opinion that this compact was made on just and mutual principles, for the true interest of both states, confirmed it on the 12th of March, 1786, as well calculated " to perpetuate harmony, friendship, and good offices, so essential to the prosperity and happiness of the people." 12. At the beginning of the year 1785, it was plainly seen that Baltimore Town had grown so rapidly and ac- quired a commercial importance so decided that a decline in these particulars was impossible. Many large additions of land had been made to the town since its erection in 1729, and others were offered by its most substantial citi- zens. When the first Lord Baltimore explored the Chesa- peake, one hundred years before the foundation of the city of Baltimore was laid, little did he know of the extent of the wealth that covered the beds of its coves and its tributaries ; and he could not imagine that a great city, bearing his own name, would soon arise from the wealth of the Chesapeake, the wheat lands, and the coal mountains of the western part of the province. The docks and piers of the city were al- ready claiming all the surplus productions of the state, and also levying tribute upon those of new and boundless terri- tories hundreds of miles beyond the great chain of the Alle- ghanies. 18. Adventurers.and strangers from all parts were flock- ing into the town ; many different languages were spoken on her wharves, in her streets, counting-rooms, and parlors ; "PALMER'S ISLAND." 201 and, on account of their intelligence and refinement, her citizens might have been styled the Athenians of America. 14. In this year it was represented to the general assem- bly of the state, by the petition of the principal inhabitants of the town, that Colonel John Eager Howard and George Lux, Esq., had voluntarily offered to grant to the commis- sioners of the town, and their successors, in fee simple, a parcel of ground contiguous thereto for the purpose of a burying-ground " for strangers and others who might there- after depart this life among them," provided the consent of the legislature could be obtained for that purpose. 15. The general assembly answered the petitioners in a short preamble to the effect that they were desirous of pro- moting the laudable and pious purposes of the citizens, and enacted that the burying place petitioned for should be used and occupied "as a place of common interment for strangers, poor people, and negroes, who may die in the town, and for no other purpose." 16. In the same year it was represented that Robert Young Stoakes, late of Harford County, deceased, did, in his lifetime, survey and lay out into lots a parcel of ground at the mouth of the Susquehanna River for a town, and called the same by the name of Havre de Grace. Many persons had purchased lots and made considerable improvements upon them, and Clement Brooke, the executor of the de- ceased, was authorized by law to convey by deed to the commissioners of the town, and their successors, such lots as had been laid out for public purposes ; but, Baltimore attracting the trade of both Maryland and Pennsylvania, the town ceased to grow, and is still a small place. In the year 1608 Captain John Smith visited the site of Havre de Grace, and, burying one of his companions named Palmer on the island at the mouth of the Susquehanna, bestowed upon it the name of " Palmer's Island." 17. In 17H6 a town at the mouth of Conococheague, in 202 THE HISTORY OF MARYLAND. Washington County, was erected. General Otho Holland Williams, who won great honors in the battles of the Mary- land line during the revolution, owned a tract of land called " Ross's Purchase," and another adjoining called " Leeds," contiguous to the mouth of the creek. From the advan- tages of navigation from the head branches of the Potomac to the mouth of said creek, and the great prospect of the navigation of the river being extended to tidewater, Gen- eral Williams was encouraged to lay out a part of his land to be erected into a town. He had contracted with the commissioners of the county to build a warehouse on the land, and to furnish scales and weights for the inspection of tobacco. He therefore prayed that a law be passed to lay out a town on the land, and the legislature, being of opinion that the erection of a town at the mouth of the creek might be convenient and beneficial to the public, granted his prayer, passing a law for the erection of a town called Wil- liamsport. This town grew slowly ; but the site, as de- scribed by an ancient traveler, was beautiful and romantic. " Williamsport," said he, " is situated on the bank of the Potomac, which is one fourth of a mile wide precisely, where Big Conococheague empties into the river. The prospect here is romantic and beautiful. I crossed the river in a flat — twenty minutes on the water. While crossing, I saw two wagons fording the river with safety." 18. Thomas Stone, one of the Maryland signers of the Declaration of Independence, died in 1787. He was born in Charles County in 1743. 19. On the 20th of January, 1787, an act was passed by the legislature " for erecting a town at or near the mouth of Will's Creek, in Washington County. Thomas Beall owned a tract of land called "Walnut Bottom," contiguous to the mouth of the creek, and had been induced to lay out ground for a town. Andrew Bruce, Daniel Cresap, George Dent, John Lynn, and Evan Gwinn were appointed by law to CUMBERLAND ERECTED. 203 survey a quantity of land not exceeding two hundred acres, a part of the tract called Walnut Bottom, and lay out the same into lots, streets, lanes, and alleys. The main streets running in the direction of the river were to be not less than eighty feet wide, and the streets crossing the main streets were not to be less than sixty feet wide. The town was to be called and known by the name of Cumberland. 20. " The town of Cumberland," said an old traveler, " is a handsome little place with many good buildings in it. It is situated on the north branch of the Potomac River, affording an opportunity for the erection of several mer- chant mills. It is bounded in front by spurs of the Alle ghany Mountains ; on the rear, the right, and the left, by the Little Dog Mountains, the whole affording, when on the neighboring hills, a pleasant, lively, and romantic appear- ance. On a high eminence stand the ruins of old Fort Cum- berland, which take the mind back to Braddock's war." 21. The people of Maryland in early times were active and zealous in the establishment of schools and the encour- agement of learning, but none the less so in the protection of inventors of new and useful machinery intended for good work and economy of labor. 22. Oliver Evans, of Newcastle, Delaware, miller, rep- resented to the legislature of Maryland, in 1787, that he had " invented, discovered, and introduced into exercise " two machines for the use of merchant mills, one of which was called " an elevator," calculated to hoist grain from the lower floor of the mill, and meal or flour from the burs, to the upper floor or loft of such mill. The other was called " a hopper-boy," so constructed as to spread the meal or flour over the said upper floor to cool, gather it up again, and carry it to the bolting hopper, as well as pay all other attention to this work without the assistance of man- ual labor. He invented another machine called " a steam- carriage," so constructed as to move by the power of steam 204 THE HISTORY OF MARYLAND. and the pressure of the atmosphere, for the purpose of con- veying burdens without the use of horses or other animals. The legislature, considering that these inventions would tend to simplify and make cheap the manufacture of flour, one of the principal staples of the state, enacted that the inventor should have the sole right of making and selling these ma- chines in the state for the term of fourteen years. These machines are still in use in all the flour mills of Maryland, and are so indispensable in the manufacture of good flour that their use can not be discontinued. Soon after the pas- sage of the law for the protection of the inventor, these machines found their way into all the merchant mills of the United States. The invention of the steam-carriage was protected by the same law, but it turned out to be useless to the public, and therefore profitless to the inventor. 23. In 1787 an act was passed to lay out several turn- pike-roads in Baltimore County. One was to be made from Baltimore Town toward Frederick Town, sixty-six feet wide, and on as straight a line between the two places as the nature of the country would permit. Another was to be made from Baltimore Town to Reister's Town ; a third from the latter place to Westminster ; a fourth from Reis- ter's Town toward Hanover Town, in Pennsylvania ; and a fifth from Baltimore Town toward York Town, in the same state. General Otho Holland Williams, Charles Ridge- ly, Benjamin Nicholson, James Gittings, and Daniel Bowley were appointed commissioners of review of these roads, and they were all finally finished. The Avealth poured into Balti- more from these great roads gave that city the capacity to attract the principal trade of Maryland, as well as that of an extensive portion of Virginia and Pennsylvania. These roads put the city' of Baltimore on a still higher and firmer footing with respect to trade and commerce, from which she did not fall ; building went on rapidly ; her boundaries increased, and her citizens plainly saw that the ARTICLES OF CONFEDERATION REVISED. 205 foundation of the city had been wisely laid in the right place. 24. In this year also the post-road from Baltimore to Havre de Grace was straightened, cleared, stoned, and grubbed, forty feet wide, under the superintendence of Colo- nel John Eager Howard, James Calhoun, William Smith, Gabriel Christie, and Samuel Griffith. 25. On the 26th of May, 1787, the legislature of the state appointed Hon. James McHenry, Daniel of St. Thomas Jenifer, Daniel Carroll, John Francis Mercer, and Luther Martin, Esquires, to meet such deputies in Philadelphia as might be appointed by the other states " to revise the fed- eral system," and to join with them in considering such al- terations and further provisions as might be necessary to render the federal constitution adequate to the exigencies of the union. 26. From the middle of May to the 17th of September, when it adjourned, this convention, generally called the Federal Convention of 1787, remained in session to revise the articles of confederation and perpetual union, with General Washington as chairman. As a result of its la- bors, the present constitution of the United States, with the exception of several amendments since made, was adopted as the organic law of the nation. It was finally ratified by all the states of the Union, and in this they delegated to the government of the United States many of their sovereign powers, reserving to the state govern- ments the control of their internal affairs. Among these was the power to register ships and other vessels, regulate commerce between the states, emit bills of credit, coin money, and make treaties. 27. No state, without the consent of Congress, could lay duties on imports and exports after the adoption of the federal constitution. Before its adoption, Congress could not lay such duties without the consent of the states. 206 THE HISTORY OF MARYLAND. 28. On the 21st of November, L788, Colonel .John Eager Howard was elected governor of Maryland, the legislature baving mel <>n the 3d of the same month. "l\). Under the adminisl ration of Governor Howard many ads were passed and approved for the relief of disabled Revolutionary soldiers, the poor in several counties, and prisoners confined in jail for debl ; and many liberal acts for the better administration of justice among* the people, were spread out upon (he statute books which have not be- come obsolete, nor have they been repealed. 80. Under his administration, during the session of the legislature of 1788, it was enacted that the representatives of the state in i he Congress of the United States, appointed to assemble in New York on the first Wednesday oi' Mareh, l?N ( .), he authorized and required, on the part of Maryland, to cede to the ( 'on egress of t he United States any district in the state, not exceeding ten miles square, Tor the seat of t he general government, 31. On the 28th of April, 1788, the constitution of the United Slates was ratified by the people of Maryland in convention at Annapolis, and on the 6th of April, L789, George Washington, of Virginia, was elected presidenl of the United Stales by the electoral votes of the states, cast, at New York ; and John Adams, of Massachusetts, vice- president. Washington was inaugurated at New York, on the 30th of April, 1789, as first presidenl of the United States. 32. On Christinas day, L789, an act was passed by the legislature of Maryland to ereot into a Separate municipal- ity all thai part, of Washington Count) which lies to the westward of Sideling Hill Creek, to he called Allegany County ; and on the same day it was enacted that all sher- iffs in Maryland should keep in the jail of their respective counties such prisoners as might he committed thereto under the authority of the United States. GEORGE PLATER ELECTED GOVERNOR. 207 :!:>. In the short preamble to an act passed at November session, 1790, the legislature declared that " the experience of commercial nations for several ages had fully evinced the utility of well regulated banks," and therefore enacted that a bank be established and incorporated in Baltimore Town, by the name of the Bank of Maryland. 34. In the same year William Paca was appointed judge of the United States District Court in Maryland ; Richard Potts, district attorney ; Colonel Nathaniel Ramsey, mar- shal ; Captain Joshua Barney, clerk of the court ; General Otho Holland Williams, collector of the port of Baltimore ; Robert Purviance, naval officer ; and Robert Ballard, sur- veyor. These were the first federal appointments made in Maryland, under the new constitution of the United States, by President Washington. 35. In this year also Congress selected a district for the scat of the national government, ten miles square, extending on both sides of the Potomac River, and embracing portions of Maryland and Virginia, including, also, the towns of Alexandria and Georgetown. The square was called "the territory of Columbia." The soil of Maryland was selected as the site of the new " federal city " to be called " Wash- ington city," in honor of the first president of the United States and "father of his country." :}(). On the 14th of November, 1791, George Plater, Esq., was elected governor of Maryland. The legislature which met on the 7th of the same month declared that, by the declaration of rights, all gifts, sales, or devises of land, exceeding two acres, to any religious sect, order, or denomi- nation, for the support of the same, are void without the leave of the legislature. It was represented to this body therefore that, while the lands called East Nottingham and West Nottingham, lying in Cecil County, Maryland, were held to be within the bounds of Pennsylvania, and subject to the government thereof, a patent was granted by the 208 THE HISTORY OF MARYLAND. proprietary of Pennsylvania for forty aeres of land lying in the said East Nottingham to four persons as trustees, for the use of the society of people called Quakers. Also a cer- tificate for five acres and one hundred and twelve perches of land lying in West Nottingham was taken up under the government of Pennsylvania for the use of the same so- ciety ; but a patent could not be constitutionally granted to the society for the same. As an act of justice, there- fore, to protect this religious society from the consequences that might, even at that late day, grow out of the old boun- dary troubles between Maryland and Pennsylvania, the chancellor of Maryland was directed to issue a patent to the claimants of these lands, that they might be held for ever in trust for the use of the society. 37. In 1792 President Washington caused a new city to be laid out on the soil of Maryland, comprehending all the lands beginning on the east side of Rock Creek, at a stone standing in the middle of the road leading from Georgetown to Bladensburg ; thence along the middle of the said road to a stone standing on the east side of the reedy branch of Goose Creek ; thence southeasterly, making an angle of sixty-one degrees and twenty minutes with the meridian, to a stone standing in the road leading from Bla- densburg to the Eastern Branch ferry ; thence south to a stone eighty poles north of the east-and-west line already drawn from the mouth of Goose Creek to the Eastern Branch ; thence east parallel to the said east-and-west line, to the Eastern Branch ; thence with the waters of that branch, Potomac River, and Rock Creek to the beginning. These are the original boundary lines of the city of Wash- ington. 38. On Monday, the 2d of April, 1792, the legislature of Maryland met at Annapolis, the permanent capital of the state ; and on the 3d of the same month elected Thomas Sim Lee governor for a second term. A LAW TO PROTECT WOOD-LANDS. 209 39. At this time the mountains in Western Maryland were frequently set on fire. The growth of young timber was much injured by this barbarous practice ; the farms adjacent to the mountains were greatly endangered, and many lives were lost in the attempt to check the destructive progress of the flames. It was at length brought to the notice of Governor Lee and the legislature of 1792, that the growth of young timber, and the farms situated on and adjacent to the South Mountain, lying partly in Frederick County and partly in Washington County, and the North Mountain, lying in Washington County, as well as all moun- tains west of the North Mountain, were equally injured and endangered. A law was therefore passed imposing a fine of fifty pounds on any person or persons who might set fire to any of the mountains designated, provided that it did not extend to persons setting fire to their own lands, if it went no further. 40. " These mountains abound plentifully with good water," said a traveler of the olden time, " with an abun- dance of good chestnut rail-timber, a great deal of white- oak land, with grand old white-oak-trees on the same, and white and spruce pines in abundance. The Alleghany, as well as the surrounding mountains, are ruined by the prac- tice of setting fire to them. The destruction of the vast Alleghany forests done by fire is not to be described by a pen. If these forests had never been fired, they would have been a dark, extensive, timbered country of incalculable value, and the outlook would never have assumed the horrid aspect that now prevails over the region." 41. In 1793 it was represented to the legislature that there had been a road from Turkey Foot road, above the fork of Jenning's Run, leading up the said run by Os- walt's saw-mill to the foot of Mount Pleasant, and from thence until it intersected Braddock's road at a tract of land called " The Mountain." This road had not been 210 THE HISTORY OF MARYLAND. made a public road by law, and tbe people had been de- prived of the benefit of the same, to their great injury and inconvenience. It was enacted in this year that the road from Turkey Foot road to Braddock's road be made a public- road. 42. In order to prevent the introducing of the plague or other contagious disease, the legislature authorized the governor to appoint an able and skillful physician as health officer for the port of Baltimore. 43. This officer was required to visit and examine all foreign vessels, and all other vessels coining from suspected places, and, if necessary, to compel them to perform quar- antine for not less than ten days. 44. Commissioners were appointed to purchase ten acres of land, in or near Baltimore town, and lay it out, for the establishment of a market for the sale of live stock. It was made unlawful to purchase or sell live stock on its way to market at any place within three miles of town. 45. In 1798 an act was passed by the legislature to es- tablish a bank within the territory of Columbia. In the preamble it was asserted that the agricultural and commer- cial interests of the state might be promoted, and the prep- arations for the permanent residence of Congress facilitated, by the establishment of a bank within the territory of Co- lumbia and within the present jurisdiction of the state. 40. On the 18th of September, 1793, the corner-stone of the north wing of the Capitol of the United States was laid in the territory of Columbia by General Washington in person. CHAPTER XXII. 1795-1800. Insurrections. — Governor Stone. — Cokcsbury College. — Potomac Company. — Canals in Maryland. — Public Roads. 1. In 1794 an insurrection was raised in Western Mary- land and Pennsylvania, having for its object the resistance of a tax laid upon whisky by the Congress of the United States. President Washington, exhausting all means in his power to bring the troubles to a peaceable end, resolved to oppose the insurgents by force of arms, and his call for troops was promptly answered from all parts of the State of Maryland. 2. For three years and more the laws had been set at defiance, and, finally, the lawless people of the two states opposed the officers of Government by acts of violence. Requisitions were made upon Maryland and other states for fifteen thousand men to march at a minute's notice to the scene of action ; and, it being understood that the in- surgents were gathering at Cumberland for the purpose of marching on the state arsenal at Frederick, Governor Lee, in command of the Maryland troops, marched immedi- ately on Cumberland. The promptness with which the veterans of the old Maryland line answered the call of the state was without precedent, and upon the appearance of troops in the mountains, bearing the old flags of the revolu- tion, the insurgents dispersed, and the law took its course. 3. In this year the legislature met on the 3d of Kovem- 212 THE HISTORY OF MARYLAND. ber, and on the 17th of the same month John Hoskins Stone was elected governor of Maryland. 4. The leading minds of the state still maintained that institutions for the liberal education of youth in the princi- ples of virtue, knowledge, and useful literature were of great importance to society. They were well calculated to raise up and perpetuate a succession of able and honest men for discharging the various offices and duties of the com- munity, both civil and religious ; and it was maintained that such institutions had merited and received the attention and encouragement of the best-regulated states. In this year Cokesbury College, at Abingdon, in Harford County, was incorporated. It was opened by Bishop Asbury in 1787, and destroyed by fire on the 4th of December, 1795. 5. In 1795 the Roman Catholic congregation in Balti- more was incorporated, the Right Reverend John Carroll, cousin to Charles Carroll of Carrollton, being bishop of Baltimore at the time. In the same year the German Re- formed congregation in the same town was incorporated under the pastoral direction of Rev. George Troldenier. All property of the congregation previously vested in trus- tees for its use was, by the act of incorporation, vested in the " elders, deacons, and trustees." 6. In 1796 the delegates in the general assembly of Maryland declared in the preamble to an act, that it was found by experience that the good order, health, peace, and safety of large towns and cities could not be preserved, nor the evils and accidents to which they are subject avoided or remedied, without an internal power competent to estab- lish a police and regulation, fitted to their particular circum- stances, wants, and exigencies. It was enacted, therefore, that Baltimore Town be erected into a city by the name of "the city of Baltimore," and the inhabitants thereof con- stituted a body politic and corporate by the name of " the Mayor and City Council of Baltimore." It was the JOHN HENRY ELECTED GOVERNOR. 213 law that the city council should consist of two branches, called the " first branch " and the " second branch " ; and that the first branch should consist of two members of " the most wise, sensible, and discreet of the people," from each ward. The second branch should consist of eight members chosen from the several wards, who were required to show on the books of the assessor an assessment of two thousand dollars worth of property. The person eligible to the office of mayor was required to possess the qualifications necessary to a seat in the first branch of the city council ; but no per- son was, in fact, eligible to the office of mayor who was not " of known integrity, experience, and sound judgment, twenty-five years of age, ten years a citizen of the United States, and five years a resident of the city prior to the election." 7. Public improvements went on rapidly in the state. Turnpike companies were chartered, canals were projected, and a great number of public roads opened throughout the different counties. In this year an act was passed to "es- tablish a turnpike road from the city of Washington to Baltimore, and a subscription was opened for a capital of one hundred and sixty thousand dollars in shares of two hundred dollars each." The road was to be laid out be- tween the two cities on as straight a line as " the nature of the country and public convenience would admit, provided that it should not be carried through any building, garden, yard, or apple orchard." 8. On the 13th of November, 1797, John Henry, Es- quire, was elected governor of Maryland. On the 4th of March, in the same year, General Washington, after two terms of office as president of the United States, retired to private life at Mount Vernon, his home in Virginia. 9. In this year settlements were rapidly penetrating the mountains in the. western portions of Maryland; hamlets dotted the valleys ; and the plowshare was busy far be- 214 THE HISTORY OF MARYLAND. yond Old Fort Cumberland. In this year, also, Baltimore, having become the second city in the state, an election was held which resulted in the choice of James Calhoun, as first mayor. 10. In the same year the attention of the legislature was called to the fact that in Allegany County there had been a private road for twenty-seven years, leading from Cochran's store, at Jenning's Run, on the Turkey-foot road, up Will's Creek by Tomlinson's mill to the Penn- sylvania line. This old road intersected a public road lead- ing from Bedford, in Pennsylvania, and the people prayed the legislature that it might be made a public road, which " would greatly administer to the wants of the people." On the 20th of January, 1798, their prayer was granted, and a law passed making it " a public road for ever." Tomlinson's mill was nearer to the western boundary line of Maryland than any other mill at that time. 11. " Several little farms," said an old traveler, in de- scribing the country around this mill, " appear along the bleak, barren hills." Referring again to the fire in the mountains, he said : " If the fire could be stopped, this part of the world would grow better. There are some places that contain limestone in the great Alleghany forest. With limestone and economical farmers, a great part of this now barren forest might become a handsome hill country. In short, nine tenths of the people in this great Union have no conception of the magnificence of the Alleghany Moun- tains. 12. " I have rode through the Negro Mountains," con- tinued the traveler, " through the Shades of Death, through the Savage Mountains, and many other desperate mountains in this part of Maryland, but I have seen nothing half so savage and desperate as many of the people. Some of them appear but in a slight degree like the human race." 13. In 1798 acts were passed to incorporate library com- ACTS OF INCORPORATION. 215 panics in the city of Baltimore and in Somerset County. In the same year all that part of the old Frederick road near the city of Baltimore, on the lands of James Carroll and the Baltimore company, which branched from the road lead- ing from Baltimore to Elk Ridge Landing, and afterward united with the Frederick turnpike about one hundred and eighty perches west of Gwynn's falls, was closed up bylaw, and a road from Pratt Street extended was opened through the land of James Carroll till it intersected the road to Elk Ridge Landing. 14. Acts were also passed in this year to incorporate the German Evangelical Reformed church, under the pastoral charge of Rev. William Otterbine, and the Presbyterian church, under that of Rev. Patrick Allison, both in Balti- more ; and another act was passed, on the 20th of January, 1798, to establish a turnpike road from Baltimore through Frederick town to Elizabeth town and Williamsport, in Washington County. A company was also incorporated to make several turnpike roads through Baltimore and Fred- erick Counties until they intersected the division line be- tween Maryland and Pennsylvania. It was said at the time that the great quantity of heavy articles of the growth and produce of the country, and of foreign goods which were transported daily between Baltimore and the western coun- ties of Maryland and Pennsylvania, required an amendment of the highways. This could only be effected by artifi- cial beds of stone and gravel disposed in such manner as to prevent the wheels of carriages from cutting into the soil, the expense whereof will be very great. It was fur- ther said that it would be reasonable that those who would enjoy the benefits of such highways, should pay a com- pensation therefor ; and, believing that these great high- ways would be undertaken by an association of citizens, the act of incorporation was passed. The roads were made, and no state at that time other than Maryland could boast of 216 THE HISTORY OF MARYLAND. such a system of highways leading to and from her com- mercial metropolis. 15. In this year the Potomac company reported to the legislature that it had at great expense removed most of the obstructions in Potomac River, from Savage River to tide- water, except those at the Great Falls. The report said that considerable quantities of produce were then brought down by boats to William sport, Watt's Branch, and the Great Falls, by which much time, labor, and expense had been saved to the owners of such produce. That many ar- ticles were then transported through the locks at the Little Falls without paying any toll whatever ; and that the com- pany, to facilitate the transportation of produce down the river, had constructed an inclined plane from the lower end of the canal to the surface of the river below the Great Falls. By means of this machine, the company claimed that all articles could be let down, and those of not great bulk or weight taken up, with security and dispatch. They had built an extensive warehouse for storing such articles when found necessary, or when boats were not ready for transporting them down the river. It was also claimed that those then navigating the river received great benefit from the improvement of navigation by the labor and expendi- tures of the company, and it was considered just that they should receive some compensation for the benefits conferred upon the public. It was therefore enacted that toll collect- ors should be stationed at the mouth of Conococheague, at Watt's Branch, and the Great Falls, in the same manner as if the locks at the Great Falls were complete, provided that the company found means to store all produce when neces- sary, and carry it up and down the inclined plane when re- quired. 16. In 1798 the United States narrowly escaped a war with France, on account of the outrages of that nation practiced upon American commerce. Charles C. Pinckney, BENJAMIN OGLE ELECTED GOVERNOR. 217 United States minister to France, said to the French gov- ernment, called the Directory: "Millions for defense; not one cent for tribute ! " and preparations for war were ac- tively made by both nations. The French minister, resi- dent in this country, defied President Adams, and the com- mand of the American army was once more offered to Gen- eral Washington, who accepted the office, and came forth from his retirement at Mount Vernon in defense of his coun- try's honor. __He appointed John Eager Howard, of Mary- land, as one of his principal officers ; but happily the subjects of dispute were settled and war avoided by the delicate di- plomacy brought to bear by the American administration. 17. On the 14th of November, in this year, Benjamin Ogle was elected governor of the state. In this year a small remnant of the Choptank Indians still lingered on their reservation in Dorchester County, and a few of the Nanticokes in Somerset. On the 18th of January, 1799, commissioners were appointed to repair to the Indian set- tlement on Secretary's Creek, in Dorchester, and contract in behalf of the state with the Choptank Indians for the purchase of the right, title, and interest of the said Indians to all their lands and tenements. The purchase was made for annuities, to be paid by the state to each Indian and his descendants, according to the laws of the state, provided the title to all their lands was transferred by them ; after which, one hundred acres of land, with sufficient woodlands, were set apart for all those who might remain upon it. 18. On the 20th of January, 1799, an act was passed to incorporate a medical faculty, or society, in the state of Maryland. It was believed that the establishment of a medical society of physicians and surgeons in the state, would be attended with the most beneficial and salutary consequences by promoting and disseminating medical knowledge, and might, in future, prevent the citizens from risking their lives in the hands of ignorant practitioners or 10 218 THE HISTORY OF MARYLAND. pretenders to the healing art. Five physicians, or about that number, in each county of the state, were, by law, declared to be one community, corporation, and body poli- tic for ever, by and under the name and title of " the Med- ical and Chii urgical Faculty of the State of Maryland." II). On the 7th of December, 1799, an act was passed to incorporate a company for the purpose of cutting a canal between the Chesapeake and Delaware Bays. It was then believed and foreseen that such an improvement would be attended with very beneficial effects to those parts of the state of Maryland that lie on the bay of Chesapeake, and on the waters that empty themselves into the said bay, as also to the agricultural interest thereof in general. Many persons were willing to subscribe large sums of money to effect a work so useful, and it was soon commenced and completed. 20. On the 14th of December, 1799, the illustrious Gen- eral Washington died at Mount Vernon, in the state of Virginia, and in the same year William Paca, one of the Maryland signers of the Declaration of Independence, died, in the sixtieth year of his age. 21. On the 3d of January, 1800, the assembly of Mary- land enacted that a road be laid out in Allegany County, on the ridge, to the Virginia line. This road was to leave the Morgantown road between Aza Beall's and William Coddington's, was to be not less than thirty feet wide, and opened at the expense of those who petitioned for it. It was deemed and taken to be a public highway. 22. " I rallied my horse Cumberland," said a traveler on the ridge above mentioned, " and moved on twelve miles. Every mile or two was a farm just opening, gener- ally white-oak land easily worn out, but can be kept good by limestone and stone-coal after all the wood is gone. The road is no better than any other part of the Alleghany Mountains, and the hills are long and steep, forming angles T.VO METHODIST EPISCOPAL CHURCHES INCORPO RATED. 219 from fifteen to twenty degrees. Cumberland is hard put to it to get up some of these long pulls. I made seven miles more into Monongahela County, Virginia, and thence twelve miles to Monongahela River ; made a ferry-boat of old Cumberland, and got over into Morgantown." 23. In 1800 it was represented to the general assembly of Maryland that there had been a road laid out in Allegany County, from a tract of land called "the Bear Camps," through Selby sport to the Virginia line in a direction to Morgantown, at a place called Jenning's Cabin, and kept in repair as a public road for several years. This, by law, was made a public road in the same year ; and another road in the same county was, by law, made public, leading from Cumberland to Sideling Hill Creek, in the near direc- tion to Hancocktown, in Washington County. 24. " I proceeded one mile to the Potomac River," said the same traveler, " and forded the same just where the sweet waters of Bath enter the river. I thence proceeded to the top of Sideling Hill, and looked on the new little town of Hancock ; the fertile river bottoms and the sur- rounding mountains affording a handsome, alluring, and romantic prospect. I proceeded on the new road from Hancock to Cumberland to where the old and new Cum- berland roads fork, and thence eight miles on the old road. 25. " I am now at Sideling Hill Creek," said he, " in Allegany County, Maryland. What a noble asylum this must have been to the Indians in the time of Braddock's war ! too much so, indeed, I fear." 26. In 1800 the government of the United States took formal possession of the territory, or " District of Colum- bia," and Congress met there for the first time in Novem- ber of the same year. 27. Two Methodist Episcopal churches in Baltimore, known by the names of Light Street and Old Town Meth- odist churches, were incorporated by a law passed on the 220 TIIE HISTORY OF MARYLAND. 19th of December, 1800, under the style and title of "the Trustees of the Methodist Episcopal Churches of the City of Baltimore." The first church in Light Street was de- stroyed by fire ; the new one was dedicated in 1797, and incorporated as above. James McCannon, William Haw- kins, Isaac Burneston, Samuel Owings, John Ilagerty, Job Smith, Philip Rogers, Walter Simpson, and Caleb Hewitt were the corporators. CHAPTER XXIII. 1800-1812. Governor Mercer. — The Plague in Maryland. — Education.— Colleges. — Gov- ernor Wright. — Monument to Washington. 1. Ox the 9th of November, 1801, John Francis Mercer was elected governor of Maryland. " To prevent extension of the plague," reads the preamble to an act passed on the olst of December, "or other malignant contagious diseases which may be imported into the state, is an object of great importance to the welfare and commerce of the people. Humanity calls for the protection and care of those who may come into the state afflicted with any plague or other malignant disease ; and a place proper for their reception should be immediately built." To prevent the spread of contagion, it was found necessary to condemn a quantity of land for the building of a lazaretto, or hospital, for the re- ception of persons infected with contagious diseases. It was enacted, therefore, that the mayor- and city council of Baltimore purchase from the owners "any land on the waters of the Patapsco River contiguous to the city of Baltimore, for the purpose of building thereon a lazaretto and storehouse." % 2. The work authorized by this act was speedily ex- ecuted, but not before it was in demand. The winter of 1801-'2 was generally mild and open, and during the greater part of it disease did not much prevail. During the sum- mer months a mild form of cholera prevailed over the state east of the Blue Ridge, and was mostly fatal in the case of 222 THE HISTORY OF MARYLAND. children. As autumn approached, the number of the sick increased, being affected with remitting and intermitting fevers. In October a large number of persons, without any- perceptible cause to produce the change, fell into colic, attended with the most violent pain. For want of a better name, this disease was called "the plague.'" 3. The cold winter of 1802-'3 somewhat checked the plague, but brought on other forms of disease of a more in- flammatory character. The next spring was long, cool, and wet, succeeded by one of the driest summers ever remem- bered in Maryland. In .April severe frosts almost entirely destroyed the fruit of every kind. That which escaped the withering nips of the frost fell from the violence of hail- storms, the most terrible of which fell on the 16th of May. Its direction was from the north, and it destroyed almost all the early vegetables in the gardens over which it passed, cutting down all the grain that stood in its way. 4. Its ravages in the towns were very great. All the window panes exposed to the north were broken, and so sudden and unexpected was its approach that the damage was all done before it could be prevented. For two or three weeks preceding the storm the weather had been ex- ceedingly warm. The morning on which it happened was unusually warm, and continued so until the black clouds, from which the hail showered, arose and discharged their contents. 5. The dry weather commenced very early in May ; and, after the hail-storm, continued throughout the summer. Scarcely a full crop of any kind was gathered ; the grass, even in the low meadows, was parched ; the corn, fired ; and wheat and rye, for want of moisture, failed to fill. It was predicted by many that the people would be unhealthy for want of fruit ; but the reverse was the case, except the usual cases of bilious fever and cholera infantum. 6. In autumn, chills and fevers prevailed along the Po- THE PLAGUE IN MARYLAND. 223 tomac and other rivers, but beyond the Catoctin Mountain, and in the valley between that and the South Mountain or Blue Ridge to the Pennsylvania line, the country was as healthy as it was ever known to be. In the tract of country bordered by the Potomac, the Monocacy, Callenger's Creek, and the Catoctin Mountain, twelve or fourteen miles in length, and in breadth eight or ten miles, the inhabitants were much afflicted with agues, chills, and the different tj^pes of the bilious fever. In many cases the attacks came on like a colic. As the cold weather advanced, the type of the dis- ease changed, and assumed the more terrible appearance of inflammatory disposition, ending in nervous fever. Cold weather commenced early in December, and heavy snows fell in January and February, which continued on the ground until March was far advanced. 7. Many cases of violent inflammatory fever occurred, chiefly among the young, healthy, and robust, a number of which proved fatal ; and it appeared as if the disease and the powers of life gave way at the same time. 8. In June, 1804, the epidemic appeared to gain ground. The vernal rains began about the last of March, and con- tinued generally through April. The first week of May was clear, the second was rainy, and a considerable quan- tity of rain fell in that month at different times. The rains, though almost continual, never fell in large quantities at a time, yet in the latter part of June there fell a 'large quan- tity in Virginia and the lower portions of Maryland. 9. The Potomac River and the rivers and creeks on both sides of it were raised to a height which had never been known at that season of the year by the oldest people on their courses. The rise, however, did not last long. The waters collected rapidly, and as rapidly flowed away. On the Potomac the bottoms were inundated, and immense quantities of corn, rye, wheat, tobacco, hay, and fence-rails were lifted and swept away. In the interior of Maryland 224 TII E HISTORY OF MARYLAND. almost all the crop of bay, both timothy and clover, was lost. It was incredible to tell of the vast quantities of pro- duce which were lost by the floods and the want of sunshine. The destruction was confined to no particular locality. It was general ; and in some meadows twenty or thirty tons of hay were carried off, so as to effectually destroy all the vegetation over which it was scattered. This damaged hay and decaying vegetation under it formed innumerable hot-beds from which the most deleterious effluvia arose and filled the atmosphere. 10. In this year vegetation of all kinds and fruits of every variety were superabundant, and physicians pre- dicted that from the use of plenty of ripe fruit the people would be healthy. The plentifulness of fruit may have had some effect upon the health of children ; for, in the first few weeks of the summer months, they were not so much subject to the attacks of the prevailing epidemic. In case of adults and the aged, an abundance of fruit did not ex- empt them from even the worst form of the epidemic ; much less, indeed, did it secure to them the blessings of health. 11. So liberally did the fruit trees produce that there was scarcely an orchard that did not contain a greater number of the trees broken down by their overload of fruit, and scarcely a tree which had not several limbs snapped off. Every species of fruit was alike favored by the fertilizing weather, and so enriched was the soil by the rain and sun alternately that it produced too much. This great mass of vegetable matter sprang up, grew lux- uriantly, wasted, and decayed. Forming a body for the powerful sun to act upon, this mass of matter fermented, and impregnated the air with the principle of disease and death. 12. Wheat in former years in most places weighed from sixty to sixty-four pounds to the bushel;, and some- THE "PLAGUE EXTENDING. 225 times more ; but that of the harvest of 1804 rarely ex- ceeded fifty-six pounds. 13. The ravages of the plague were confined principally to the vicinity of overflown grounds and drained mill- ponds, while remote situations in the more elevated, level, and poor lands remained healthy. The town of Bladens- burg, having extensive meadows adjoining it, which were in- undated while covered with a heavy crop of grass, suffered very considerably. Scarcely a person in the town escaped an attack of the plague, and many died with the most malignant symptoms. The same was the case in parts of the District of Columbia exposed to exhalations from the marshes and low grounds. Negroes occupied eight or ten small houses in the District situated near each other, to each of which was attached a vegetable garden, thickly set with cabbage, from which a great quantity of the leaves had fallen to the ground. From these decaying leaves a smell arose, and no doubt this exhalation caused the fever which prevailed among these negroes. Although the heavy rains washed away the filth from the streets of Washing- ton and Georgetown, the people did not escape the attacks of bilious fever, some of which were of a very high grade. 14. Cases of bilious fever on the Potomac as high up as the Great Falls were in former years often attended with malignant symptoms, yet not always with black vomit. In 1803, a stout, healthy man went from Washington to Alex- andria, in Virginia, during the time of the fever there, and returned the same day very much exhausted by the heat of the sun. He was soon seized with a chill, succeeded by a violent fever, which did not yield to the prescriptions of his physicians. On the third day black vomit came on, and con- tinued till the night of the foui'th day, when he died. In the same year, a lady in vigorous health living on a stream pass- ing through the District of Columbia, determined to protect her garden and dwelling by raising a wall to dam out the 226 THE HISTORY OF MARYLAND. water. This work, for several days, she superintended in person, exposed to the rays of the sun, and protected only by an umbrella. In a few days she was attacked with an irregular intermittent fever, which, after four or five days, assumed a more continued form. She refused the services of a physician, and, the case assuming all the usual symp- toms of the plague, she died, perhaps for want of timely treatment. The plague was about the same in Baltimore and Alexandria as in the District of Columbia, and many persons fled from these places to the mountains of Western Maryland to escape it, to die, or to recover from it. In the winter of 1804- '5 health and peace once more returned to the people. 15. In 1803 the legislature of Maryland met on the 7th of November, and on the 14th of the same month Robert Bowie was elected governor of the state. 16. Believing that public institutions for the education of youth, under salutary regulations, were the means of raising up citizens eminent in science and virtue, the legis- lature, on the 7th of January, 1804, passed an act for found- ing a college in the city or precincts of Baltimore, by the name of " Baltimore College." This institution was founded and maintained " upon a most liberal plan," for the benefit of youth of every religious denomination, to be admitted to equal privileges and advantages of education, and to all the literary honors of the college, according to their merit. In the choice of a principal, no preference was to be given on account of his particular religious profes- sion ; but regard was to be had solely to his moral char- acter, literary abilities, and other qualifications to fill the place for which he was chosen. The same rule was to ap- ply in the choice of other officers of the institution, and the Right Reverend John Carroll was first named on the roll of trustees, associated with several leading ministers of the different Protestant denominations. ROBERT WRIGHT ELECTED GOVERNOR. 227 IT. On the 10th of November, 1806, Robert Wright was elected governor of the state. 18. From the year 1787 down to the year 1805, ten or twelve acts had been passed to encourage the building of turnpike roads in Maryland. In this latter year, it was represented to the legislature that by the several acts passed upon this subject the desirable object contemplated by former legislatures had not been obtained, and the pub- lic expectation had been entirely frustrated. After this year other companies were incorporated, and they soon be- gan to make the roads contemplated as well as to hurry on to completion such as had already been commenced. 19. In 1807 an act was passed for founding a medical college in the city or precincts of Baltimore for the instruc- tion of students in the different branches of medicine. It was to be founded and maintained for ever upon a most lib- eral plan, for the benefit of students of every country and every religious denomination, who should be admitted to all the privileges and advantages of education and to all the honors of the college, according to their respective merits. 20. In the same year the inhabitants of Elizabeth Town, in Washington County, represented to the general assem- bly of the state, that they had commenced building a church in the town, and that they had finished it, except a part of the steeple. In going thus far, they had con- tracted a debt, which, with the sum necessary to finish said steeple, would amount to two thousand dollars. They prayed, therefore, that a law might pass authorizing a lot- tery to raise the sum of money required, and the prayer was granted. A lottery was drawn, and it appears that only one thousand dollars was realized. In 1808 the rep- resentatives of this congregation again appeared before the legislature and prayed for another lottery for the purpose of finishing the steeple to their church, uid the prayer was 228 THE HISTORY OF MARYLAND. also granted. In early provincial times lotteries were resorted to for raising money to be used in the cause of religion, and the precedent was observed in building a church in St. Paul's parish, Baltimore, in 1780, as well as in the cases of a large number of the old churches in the state. 21. In 1808, also, sums of money were raised by lottery to repair Jerusalem church, at the head waters of Big Pipe Creek ; to rebuild Benjamin church, in Frederick County ; to build a school-house at Denton, in Caroline County, and to repair the parsonage and church belonging to the Ger- man Evangelical Lutheran congregation in Frederick Town. 22. In 1809 the legislature assembled on the 5th of June, and Edward Lloyd took his seat as governor of the state. To this assembly it was represented that Jesse Hyatt, of Montgomery County, did formerly lay off a parcel of land into lots for the purpose of erecting a town, a great part of which had been since purchased. There being no record of the same, the titles of the proprietors of these lots had become precarious, and it was prayed that they might be surveyed, marked, bounded, and erected into a town. The prayer was granted, an act passed, and the town was laid out by Greenbury Howard. 23. In 1810 the judges of the levy court of the same county were authorized by law to alter and make straight the public road leading from Rockville to the city of Balti- more, where the same passes over on the land of Philip Barton Key, provided a plat thereof was returned at the cost of that gentleman, and the same thereafter was deemed a public road. 24. On the 6th of January, 1810, an act was passed "respecting a monument or statue to the memory of Wash- ington." It was made lawful for a number of distin- guished gentlemen named in the act to give their bond to the state of Maryland in the penalty of two hundred thou- DEATH OF SAMUEL CHASE. 229 sand dollars before they undertook to act under the law. The design of the law was to raise by lottery a sum of money not exceeding one hundred thousand dollars, clear of all expenses in drawing the lottery, and the condition of the bond was, that these gentlemen would well and truly apply so much of the money arising therefrom, within twelve months after the drawing, as would pay up the prizes drawn, and, within five years after the drawing, cause the money realized to be laid out in erecting a monu- ment to the memory of Washington in the city of Balti- more. 25. After the new court-house then in course of erec- tion should be completed, the public square on North Cal- vert Street, on part of* which the old court-house stood, was appropriated for the monument, and the gentlemen desig- nated were empowered to fix upon or design such " a monument, statue, or mausoleum," as they might deem most proper. 26. On the 19th of June, 1811, Samuel Chase, another Maryland signer of the Declaration of Independence, died, in the seventieth year of his age. He was born in Somer- set County in 1741. 27. In order, as far as possible, to perpetuate the mem- ory of every spot of ground in Maryland over which Gen- eral Braddock passed in 1755, on his expedition to the " Great Meadows," it will be proper to refer to the site of Barnesville. 28. In 1811 it was represented to the general assembly of the state, for the purpose of erecting Barnesville, in Montgomery, into a town, that the titles of the proprietors of the soil were precarious, and it was prayed that the same might be surveyed, marked, bounded, and erected into a town, under the superintendence of George B. Hays, Abraham S. Hays, and John Plummer. An act was ac- cordingly passed, and the site on which General Braddock 330 THE HISTORY OF MARYLAND. encamped on the second night of his march through Mary- land was erected into a town " to be called and known by the name of Barnesville." 29. On Monday, the 4th of November, in this year, the legislature met again at Annapolis, and Robert Bowie appeared for the second term as governor of the state. During this session it was represented that the " Methodist society " had at different times sustained much disturbance and vexation from disorderly persons, who had set up booths to sell liquors and other things near their meetings during divine service. An act was therefore passed on the 4th of January, 1812, that whosoever from and after the passage of the act should erect a booth for the purpose of selling, or should sell or dispose of auy spirituous liquors, within two miles of any Methodist camp, or quarterly meeting in Queen Anne's, Talbot, Montgomery, and Som- erset Counties, during such meetings of the said Methodist society, should forfeit and pay the sum of twenty dollars. 30. In this year, the legislature enacted that all able- bodied white male citizens, residents in the state, should be subject to do militia duty, except the vice-president of the United States, the officers, judicial and executive, of the government of the United States, the members of both houses of Congress, and a number of others holding office under the state and general governments. CHAPTER XXIV. 1812-1814. War of 1812.— The Chesapeake blockaded.— Defense of Baltimore. — Invasion of Washington. — Battle of Bladensburg. 1. On the 18th of June, 1812, the Congress of the United States, in session in the District of Columbia, declared war against Great Britain. 2. " Whereas," said President Madison, in a proclama- tion issued on the 19th, " the Congress of the United States, by virtue of the constitutional authority vested in them, have declared, by their act bearing date the 18th day of the present month, that war exists between the United King- dom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their terri- tories ; now therefore, I, James Madison, President of the United States of America, do hereby proclaim the same to all whom it may concern." 3. In compliance with the act to regulate and discipline the militia of the state, passed on the 7th of January, 1812, the people of Maryland made immediately the most active preparations for war. The state was divided into military districts, a uniform was adopted by the state for her sol- diers, and companies, as well as regiments, suddenly ap- peared in every county. It was enacted that the uniform for the infantry of the state should be, for general officers, their aides-de-camp and brigade inspectors, long, dark-blue coats, faced with buff, buff collar and cuffs, yellow buttons and buff underclothes, long boots, and hats called chapeaux- 232 TIIE HISTORY OF MARYLAND. de-bras. These were hats that could be flattened and put under the arm. 4. The uniform for field, company, and staff officers was a long dark-blue coat edged with red, red collar and cuffs, white buttons ; dark-blue pantaloons, edged with red, for winter, and white underclothes for summer ; black gai- ters or half-boots, chapeaux-de-bras and black cockade. For non-commissioned officers and privates, short dark-blue coats, red cuffs and collar, white buttons, blue pantaloons, black gaiters, and shoes or half-boots. For riflemen, dark- green frocks or hunting shirts ; and for cavalry, short coats and pantaloons of dark-blue cloth, edged with red, long half-boots, and a helmet or cap of leather covered with bear-skin. The artillery uniform consisted of long dark- blue coats faced with red, red collar and cuffs, yellow but- tons, blue pantaloons, black gaiters or half-boots, and cha- peaux-de-bras. 5. At the session of the legislature begun on Monday, the 2d of November, 1812, Levin Winder was elected gov- ernor of the state ; and on the 17th of December following an act was passed incorporating a company to make a turn- pike road from the District of Columbia to the city of Baltimore. G. On the 29th of December in this year an act was passed "for founding an university in the city or precincts of Baltimore, by the name of the University of Maryland." In the preamble to the act it was held that public institu- tions for the promotion and diffusion of scientific and lite- rary knowledge, under salutary regulations, could not fail to produce the most beneficial results to the state at large, by instilling into the minds and hearts of the citizens the prin- ciples of science and good morals. The College of Medi- cine of Maryland, which was founded in 1807, was author- ized "to constitute, appoint, and annex to itself" the other three colleges or faculties. These were the " Faculty of THE CHESAPEAKE BLOCKADED. 233 Divinity," the " Faculty of Law," and the " Faculty of the Arts and Sciences," and the four faculties or colleges thus united were constituted a university by the name of " the University of Maryland." 7. This institution was founded and maintained upon the most liberal plan for the benefit of students of every country and every religious denomination, admitted to equal privileges and advantages of education, and all the honors of the university, according to their merit. 8. In 1813 the war between the United States and Great Britain, which was declared, as stated, on the 18th of June, 1812, was in progress, and the enemy had indicated his design to take possession of the Chesapeake Bay. In the month of March the British Admiral Cockburn appeared in its waters, in command of six frigates and four ships of the line. He commenced hostilities against the unarmed inhab- itants along the shores and on the islands, finally extending his depredations to the burning of the towns of Havre de Grace on the western, and Georgetown, Fredericktown, and Frenchtown, on the eastern shore. 9. On the 15th of July, in this year, the defenseless con- dition of the District of Columbia was brought to the at- tention of Congress in a preamble and resolution. It was declared that, if an attack should be made, the city of Washington would be in imminent danger. The fleet of the enemy was understood to be within a few hours' sail of the capital, and the immense value of public property ex- posed to destruction, the great value of the public records, and other deeply interesting considerations, rendered it im- portant that any invasion of the metropolis should be met with vigor. 10. The principal cause of the war was the impressment of American seamen into the British service, by which many of this gallant and meritorious class of citizens had been snatched from the bosom of their families and carried into 23-t THE HISTORY OF MARYLAND. a cruel and afflicting bondage. It was an evil which could no longer be tolerated, and was in a high degree degrading to the United States as a nation. It was incompatible with their sovereignty, subversive of the main pillars of their in- dependence, and the long forbearance of the American gov- ernment under it had been mistaken for pusillanimity. 11. In the summer of 1813 the Chesapeake Bay was blockaded by British fleets, contemplating an attack on Washington, Annapolis, and Baltimore. In defense of the state of Maryland two or three regiments of infantry, each with a company of artillery, marched to Fort McHenry for discipline, under the inspection of Major-General Samuel Smith, well known for his brave conduct on Mud Island in 1777. 12. The militia of Baltimore city and county stood high in the estimation of the general government and of the people generally. As regulars could not .be spared for the protection of the different seaports, the executive of the United States had to rely upon the militia of such places for their immediate defense. In placing reliance upon the militia of Baltimore he was not deceived, for the cheerful- ness with which they had attended the first calls to disci- pline was sufficient evidence that they would always be found at their post in time of need. 13. Governor Winder, of Maryland, had done his duty. He had adopted every means in his power for the defense of the state. The locality of Baltimore was such that it could not be attacked by any considerable force without some hours 1 notice. To give the needful warning, swift- sailing boats were stationed at the mouth of the Patapsco, and the bay shore was also watched by detachments of cav- alry. All parts of the state were populous and patriotic, and would pour forth their hardy sons at a moment's notice. 14. The British had put a stop to all intercourse with the city by water, and cut off a trade of immense value, so WASHINGTON AND BALTIMORE THREATENED. 235 as to make scarce the common necessaries of life. No at- tempt, however, was made by the enemy to invade the in- terior of Maryland until the next year. 15. In 1814 the enemy's design was plainly understood, which was an attack on Washington and Baltimore, but it could not be well determined from what direction the at- tack would come. The principal defense to be relied upon was militia, for only about one thousand regular troops were available. It was believed that the enemy would not make an attack on either place with less than five thousand men, and it would require ten thousand militia to oppose them. 16. General Armstrong, secretary of war, said that the navigation of the Potomac was long and sinuous, and was uncertain in relation to the time its ascent might occupy, while that of the Patuxent was short and safe, and might be calculated with sufficient precision for military purposes. " If," said he, " the enemy should ascend the Potomac, his ob- ject would be unmasked. He at once declares his intention, and leaves the Americans to concentrate their whole force against him. If, on the other hand, he should ascend the Patuxent, his object would appear uncertain. In this case it might be either Baltimore or Washington. As long as the enemy's point of attack was unknown, so long must the American force remain divided." 17. The general went on to say that these considerations suggested the preference that the enemy would probably give to the Patuxent, but that route was not without objec- tions. A separation from his fleet and a land march of tw T enty miles through a country covered with woods, and offering at every step strong positions for defense, was in- evitable ; and, these circumstances turned to proper account against him, his march would be much retarded, if not ab- solutely stopped. 18. "This state of things," said he, "on which every wise general "will calculate, renders necessary a provision 236 TH E HISTORY OF MARYLAND. train, or the establishment of small intermediate posts to keep open communication with his shipping. The loss of these would make his situation perilous, and should the main battle be given near Washington, and be to him disastrous, or even doubtful, his destruction would be com- plete. After all, believing the enemy will not hazard the movement but with superior force, or one he thinks such, it is also believed he will prefer the route of the Patuxent." 19. On the 12th of July in this year, the governor of Maryland was served with a requisition for six thousand men to march at a moment's notice, and he took active measures to comply with it. General Winder was soon authorized to call into service the whole of the quota of Maryland, in case of either actual or menaced invasion, which, with the Pennsylvania and Virginia troops, together with the regular infantry, cavalry, flotilla-men, and district militia, Mould amount to more than sixteen thousand men. 20. The enemy's fleet had now spent more than twelve months in blockading the Chesapeake, and during that time had visited almost every river falling into that bay. They could have proceeded Avithout dropping anchor to within three hours' rowing and marching of Baltimore, within less of Annapolis, and, upon arriving off South River, could debark and be in Washington in thirty-six hours. The governor of Maryland issued orders for calling out three thousand of the drafts under a requisition made upon him on the 4th of July, and appointed Bladensburg as the place of rendezvous. He was also exerting himself to collect a force at Annapolis to cooperate toward the general defense. 21. About the middle of August, 1814, a large increase of the British force arrived in the Chesapeake, and twenty- two of the enemy's ships proceeded up the bay to unite with his forces stationed at the mouth of the Patuxent River. The whole force soon began to ascend the river, AN ATTACK ON WASHINGTON CONTEMPLATED. 237 and on the 19th landed at the village of Benedict, about forty miles to the southward of Washington. 22. It was now evident that an attack on Washington was contemplated ; for the land route from Benedict was the worst one they could take to Baltimore or Annapolis, but the easiest and shortest to Washington. It was thought, however, that the object of the enemy in proceeding to Benedict was the punishment of Commodore Barney and the destruction of his flotilla, and that their inarch toward Washington was simply the result of an after-thought. 23. The approaches to Washington by a naval force on the Potomac — that by the Eastern Branch bridge and that by way of Bladensburg — were to be guarded, and it was not clearly seen how this could be done with the forces then at command. The enemy was well informed of the geography and topography of the country in which he was operating, and it was a great problem as to how he would avail him- self of his knowledge. Admiral Cockburn, of the British navy, said that, when he found Commodore Barney with the Baltimore flotilla had taken shelter at the head of the Patuxent, he was afforded a pretext for ascending that river to attack him ; but the ultimate destination of the com- bined forces was Washington, should it be found that the attempt might be made with any prospect of success. 24. The admiral thought that the best approaches to Washington were by Port Tobacco and Benedict, from both of which there were good and direct roads, and their distances about the same. The roads from Benedict, said he, divide about five miles inland ; the one by Piscataway and Bladensburg, the other following the course of the river, although at some distance from it, owing to the creeks that run up the country. 25. The last-mentioned road passed through the town of Nottingham to Bladensburg, at which town the river called the Eastern Branch, that bounds Washington to the east- 238 THE HISTORY OF MARYLAND. ward, was fordable, and the distance about five miles. Sir Peter Parker was sent up the Chesapeake above Baltimore to divert the attention of the Americans in that quarter, while the admiral proceeded up the river to land the Brit- ish forces at Benedict. 26. On the 23d of August it was discovered that the British army were in full march from Benedict to Wash- ington, and that the Americans were on the march to meet them, but in too small a body to attempt an engagement. General Winder proposed to retire until he could collect all his forces in a body, and preparations were made to destroy all the bridges near Washington. 27. On the 21st Commodore Barney had abandoned and destroyed his flotilla, consisting of seventeen vessels, by order of the secretary of the navy, and proceeded with the main body of his men to join General Winder at Bladens- burg. 28. On the morning of the 24th of August, the Ameri- cans found that they were in front of a large body of Brit- ish under the command of General Ross. General Winder was in command of about three thousand men, and fell back to the bridge at Bladensburg, where he was reenforced by two thousand men under General Stansbury, among which was the Fifth regiment, belonging to Baltimore, and commanded by Colonel Sterett. He was also reenforced by several rifle and artillery companies, and by the sailors under the command of Commodore Barney. 29. In or near the old apple-orchard at Bladensburg a battery was constructed, and heavy artillery mounted so as to command the bridge over the stream. In this battery was stationed two companies of artillery from Baltimore, under the command of Captains Myers and Magruder, con- sisting of about one hundred and fifty men with six six- pounders. The riflemen, commanded by Major Pinkney, were placed on the right of the battery, and two companies, THE DEFENSE OF THE CAPITAL. 239 armed principally with muskets, in the rear of its left. Two regiments marched up the rising ground in the rear of the orchard and formed in order of battle in the rear of the artillery and riflemen just as the enemy came in sight. The Fifth regiment from Baltimore inarched up also, and formed on the left of the other two regiments, the whole being so placed that the enemy saw their situation and estimated their strength. General Stansbury made this disposition of the army, and when General Winder arrived on the field he approved of it, because it was then impossible to make any essential change. 30. The column of the enemy appearing in view at about a mile distant, it was perceived that, if the position of the advanced artillery was forced, two or three pieces on the left of Stansbury would be necessary to scour the orchard which lay between his line and his artillery, and another rifle company to increase the support of the artil- lery. These were supplied immediately by General Smith, and barely accomplished before it was necessary to order the advanced artillery to open on the enemy, then rapidly descending the street of Bladensburg toward the bridge. He made an effort to throw across the bridge a strong body of infantry, but was driven back at the commencement by the artillery in the battery, and almost disappeared behind the houses. After a long pause, the enemy made a second attempt to cross the bridge with increased numbers and greater celerity of movement. They were again opposed by the artillery and riflemen, but not with success, for many effected a crossing. The company on the left of Pinkney's riflemen, in an unhappy moment, discharged their pieces and fled, although Captain Doughty, who com- manded them, did all in his power to restrain them from this very improper course. 31. The enemy pressed across the stream in great num- bers. It was everywhere fordable, and lined with bushes 24:0 TEE HISTORY OF MARYLAND. and trees large enough to conceal the movements of light troops. The advanced riflemen soon began to fire vigor- ously upon the enemy ; but, after a half-dozen rounds per- haps, they were observed to run back to the skirts of the orchard. There they halted for a time, but soon broke and fled to the left of Stansbury's line. The Fifth Baltimore regiment was now ordered to advance to the support of the artillery, and they promptly commenced the move- ment ; but rockets thrown rapidly by the enemy passed close above the heads of Shutz's and Ragan's regiments, composing a part of Stansbury's line, and a universal flight of these two regiments took place. 32. After the flight many of the Americans came up nobly to the contest, and the battle went on again with spirit. Commodore Barney's marines did great service un- til their commander was left on the field covered with wounds. The panic, however, soon became general, a re- treat was ordered, and the capital of the nation fell into the hands of the British. 33. The Capitol, president's house, the treasury, the war and navy offices, the libraries and national records, were all given to the flames. 34. Before the torch was applied to the war office six horses and carts, under the control of frightened drivers, on their way out of the city in " a sweeping gallop," were halted before that office and commanded to come in and load up with files and documents. They obeyed orders ; and under escort of six ai*med regulars, detailed for the purpose, they were con- ducted in haste to Old Rock Creek church, in the District of Columbia. Here they unloaded their precious burdens, and stored them away in the church for safe keeping. For more than three weeks six soldiers, fed by the hospitable and pa- triotic citizens, paced up and down in front of the old edi- fice. They kept guard over a few bundles of the national rec- ords, about all that was saved from the torch of the redcoat. CHAPTER XXV. 1814-1817. General Ross. — Invasion of Baltimore. — Battle of North Point.— Bombardment of Fort McIIenry. — F. S. Key.— Star-spangled Banner. 1. After the capture and sack of Washington, the Brit- ish army, under General Ross, returned to their shipping, and reembarked aboard Admiral Cockburn's fleet and sailed for Baltimore 2. Some of the troops of General Winder's command had been collected, and a great number of volunteers flocked in from different parts of the state, from Virginia and Penn- sylvania, to fight under the command of General Samuel Smith in defense of the city. 3. On the 10th of September, 1814, information was re- ceived that the enemy was ascending the Chesapeake, and was seen at the mouth of the Patapsco with forty or fifty ships. 4. Some of his vessels entered the river, while others proceeded to North Point, distant twelve miles from the city, and commenced the debarkation of their troops in the night. In the mean time their frigates, bomb-ketches, and small vessels approached and ranged themselves in line to cannonade Port McHenry and the city. Their frigates were lightened before they entered the river, and their ships of the line lay off North Point to ovei*awe the Americans. 5. They landed a force of about nine thousand men, five thousand of which were under the command of General Ross, and the remainder under that of Admiral Cockburn. 11 242 THE HISTORY OF MARYLAND. 6. Some works were erected near North Point to arrest their progress, too weak, however, for a stand to be made at them, and the enemy marched four miles toward the city, uninterrupted except by a few shots fromihe cavalry. Here they were met by General Strieker, with his Baltimore brigade and other troops, amounting in all to about three thousand and two hundred men. The rest of the American forces were judiciously stationed in or near the various defenses. About one o'clock on the 12th, a party of nearly two hundred men were detached from the line to feel the enemy and bring on a battle. Before they looked for it, they were attacked by the British in very superior numbers, and driven in with some loss. As the enemy advanced the artillery opened a destructive fire upon them, which was returned from two nine-pounders, and the action became general. The men took deliberate aim, and the carnage was great. When the Fifth and Twenty-seventh regiments were outflanked by the greater force of the enemy, they retired in good order under a galling fire. 7. The cavalry, though they performed very severe and important duties, had but little to do in the battle. The whole number of Americans actually engaged did not ex- ceed seventeen hundred. 8. Nearly as much, perhaps, being done at this point as was expected, our forces retreated toward the city. The enemy followed slowly, and at night approached within about two miles of the defenses. Measures were taken to cut them off and punish their temerity, but before General Winder, with the Virginia militia and a company of United States cavalry, could bring his plans fully to bear, the Brit- ish, suspecting the design or not liking the appearance of the American works, decamped suddenly in the night, and embarked with such precipitation that, though closely pur- sued, a few prisoners only were taken. The pursuing force, however, merited and received the thanks of their general, INVASION OF BALTIMORE. 243 and the whole body collected was entitled to the gratitude of Baltimore and their country. 9. In the early part of the action General Ross, com- mander of the British forces, was killed, and his death was probably the immediate cause why an attack upon the American works was not made. The American loss in this battle, generally called the battle of North Point, was about twenty killed, ninety wounded, and forty-seven pris- oners and missing. The British loss w T as about six hundred men. 10. On the 13th, the enemy's vessels formed a great half-circle in front of Fort McHenry, but out of reach of all the guns on shore, and also of those of the battery at the lazaretto, on the opposite side of the great cove or basin around the head of which the city of Baltimore is built. 11. Fort McHenry was about tw r o miles from the city, and at the time had some finely planned batteries mounted with heavy cannon, as the British very well knew. At six o'clock, on the morning of the 13th, six bomb and some rocket ves- sels commenced the attack, keeping such a respectful dis- tance as to make the fort rather a target than an opponent. Major Armistead, the gallant commander of the fort, and his brave garrison, fired occasionally to let the enemy know the place was not given up, and so things continued all day. 12. Four or five bombs frequently in the air at a time, making a double explosion, with the noise of the rockets and the firings of the fort, lazaretto, and the barges, created a horrible clatter. Thus it lasted until about three o'clock in the afternoon, when the enemy, growing more coura- geous, dropped nearer the fort and gave the garrison and batteries a little of the chance they wanted. 13. The balls flew like hail-stones ; the British slipped their cables, hoisted their sails, and were off in a moment, but not without damage. When they got out of harm's 244 THE HISTORY OF MARYLAND. way they renewed the attack, throwing their bombs with an activity which was stimulated by the mortification of their repulse. 14. At one, a. m., aided by the darkness of the night and screened by a flame they had kindled, one or two rocket or bomb vessels and many barges, manned with twelve hundred chosen men, passed Fort McHenry and proceeded up the BOMBARDMENT OF FORT MC HENRY. Patapsco, to assail the town and fort in the rear, and per- haps come to a landing. They thought the great deed was done ; they gave three cheers and began to throw their missive weapons. Their cheering was, however, turned to grief, and the cries of their wounded and drowning people reached the shore. Forts McHenry and Covington, with the city battery, the lazaretto, and barges, concentrated upon them a galling fire which it was impossible to endure. 15. The houses in the city were shaken to their founda- tions ; for never, perhaps, from the time of the invention of cannon to that day, were the same number of pieces fired FRANCIS SCOTT KEY. 245 in a succession so rapid, particularly from Fort Covington, where a party of Rogers's invincible crew were posted. 16. Barney's flotilla-men at the city battery maintained the high reputation they had earned at Bladensburg. Other vessels also began to fire ; the heavens were lighted with flame, and all was continued explosion for about an hour, when the enemy retired to a respectful distance, battered, crippled, and demoralized. All was for some time still, and the silence was awful ; but, being beyond danger, some of the enemy's vessels resumed the bombardment, which con- tinued until the morning of the 14th. 17. Francis Scott Key, a son of Lieutenant John Ross Key, of Frederick County, who had gone Avith a flag of truce to the British squadron to ask for the release of a prisoner, was detained on board of his own A r essel, anchored in sight of Fort McHenry, where he was an anxious witness of the bombardment, and, while watching the " rockets' red glare, and the bombs bursting in air," he made notes on the back of a letter, from which he wrote the " Star-spangled Ban- ner." In the first few lines of the song he inquired of the beholder if he saw by the dawn's early light that which he so proudly hailed at the twilight's last gleaming. He watched the flag through the perilous fight, and saw its broad stripes and bright stars streaming gallantly. The glaring rocket and bursting bomb gave proof throughout the night that the flag was still there. Morning dawned upon the scene, and the fort had not been surrendered. 18. Of the men that garrisoned the fort, only four were killed and twenty wounded, and two or three hundred dol- lars would have repaired the damages done to the fort itself. The British loss was great both on land and water. 19. Thus baffled, Admiral Cockburn abandoned his ex- pedition against Baltimore, but continued to destroy the property of defenseless citizens as he proceeded down the bay* on his retreat. 246 THE HISTORY OF MARYLAND. 20. Dating Baltimore, October 13, 1814, John Randolph of Roanoke writes : " The random shot that killed Ross saved Baltimore." Under the same date he wrote : " The walls of the Capitol and palace are rapidly decomposing. The massy columns in the hall of the representatives are not larger than the ordinary poles of which we build tobac- co houses. The navy-yard is utterly torn up and destroyed. The public offices and archives are gone for ever." 21. With the exception of a few depredations commit- ted along the Chesapeake by the fleet of Admiral Cockburn, the bombardment of Fort Mcllenry was the last of the war in Maryland. A treaty of peace was signed on December 24, 1814, and ratified by the United States on February 17, 1815. This put an end to the war in all parts of the United States ; armies were disbanded, and the people returned to the pursuits of peace. CHAPTER XXVI. 1817-1828. Troubles in Western Maryland. — Washington's Monument. — The Battle Mon- ument. —Great Turnpike Roach. — Chesapeake and Delaware Canal.— Flood in 1817. — William Pinkney. 1. In 1813, in the face of war along the eastern borders of Maryland, the managers of the " Washington Monument Lottery " offered a premium of live hundred dollars for the best design, model, or plan for a monument to the memory of George Washington, accompanied by an estimate of the cost of its execution, not exceeding one hundred thousand dollars. The monument, whether sculptural, architectural, or both, Avas intended to be placed in the center of a square three hundred feet long and one hundred and forty feet wide, crossed in its length by a principal street. The whole space appropriated for it was about sixty-five feet square. 2. The sculptors, architects, and other artists of Europe were invited to enter into competition for the premium of- fered ; but it was hoped that the American artists would evince in their designs that there would be no occasion to resort to any other country for a monument to the memory of their illustrious fellow-citizen. 3. The monument was designed by Robert Mills, an American architect, in whose skill and integrity the most unbounded confidence was expressed ; and the work was finished under his superintendence according to his design or model. 4. In 1815 it was enacted by the general assembly of 24S THE HISTORY OF MARYLAND. the [state that the site selected for the monument to the memory of Washington, on North Charles Street, in the precincts of Baltimore, upon winch the monument had been commenced, should be adopted and confirmed in lieu of the place designated in the original act ; and the care and cus- tody of the said monument, when finished, should belong to Baltimore. This site was granted by Colonel John Eager Howard, and on the 4th of July, 1815, the corner-stone of the great structure was laid with appropriate ceremonies. 5. In the same year it was enacted that the square of ground in the city of Baltimore, heretofore appropriated for the erection of a monument or statue to Washington, and not adopted by the managers for the building of the same, be appropriated for the erection of .a monument known by the name of the Battle Monument, to the memory of those who fell in defense of Baltimore on the 12th and 13th of September, 1814. G. In 1815 Charles Ridgely, of Hampton, was elected governor of Maryland. 7. In 1816, in addition to the greater part of the District of Columbia already ceded, the state of Maryland ceded to the general government the exclusive right of jurisdiction in and over the ground and territory on which Fort Wash- ington and Fort McHenry were erected. 8. From this year, through a score of years, it will be seen that the principal history of Maryland is the history of her public Avorks. 9. The Potomac company had so far succeeded in re- moving obstructions to the navigation of that river, that a traveler said of the town of Cumberland that the most beautiful " stone coal " he ever saw was selling there for eight to twelve cents a bushel. 10. In the time of high water, said he, they ship the coal and other produce to Georgetown and that neighbor- ing country, bringing back in their boats in return one ton A NEW TURNPIKE ROAD CONSTRUCTED. 249 to a man of plaster, herring, shad, and other goods as they may want. 11. By the act of Congress passed on the 29th of March, 180G, amended and enlarged by subsequent acts, a road was directed to be laid out and constructed from Cumberland, in the state of Maryland, to the state of Ohio, upon obtain- ing the consent of the states through which it should pass. The fund provided for this undertaking was to consist of the proceeds of the sales of certain lands, the property of the United States, in the state of Ohio. This act furnished the admission that roads might be laid out by Congress through the several-states with their consent, and that the expenses of constructing them might constitutionally be defrayed out of the funds of the United States. Other acts amendatory of the act of 1806 were passed in 1810, 1811, and 1815, and the great national road from Cumberland to the Ohio River was put under contract. 12. In 1810 it was in course of construction. The same traveler said that the great turnpike road over the Allegha- nies was, for masterly workmanship, far superior to any of the turnpike roads built and being built in Baltimore County. The bridges and culverts, said he, actually do great credit to the builders of the same. This great road is the salvation of Maryland and the great western country. It will be of more benefit to the human family than Con- gress ever imagined. 13. ''I have seen no place," continued the traveler, " where they have carried this road through the Allegha- nies, but has been done with as little difficulty as making the road up Jones's Falls, in Baltimore County. One place in particular on the mountains, the road is carried in a direct line for three miles. This great road is free from toll, and is not only good and handsome, but elegant, and will be of more benefit than can possibly be imagined. At Smithfield thev have commenced the erection of a bridsre 250 THE HISTORY OF MARYLAND. over the river. From the specimens of the work already on the road, this bridge will be a magnificent structure. This great western turnpike road is laid out and carried a great part of the way on the same ground, and throughout, in the general direction of Braddock's road." 14. In 1817 the Chesapeake and Delaware canal com- pany, which had commenced its work and prosecuted it vigorously for a time, was compelled to put a stop to it for want of funds. The company memorialized Congress FIRST BOAT ON THE CHESAPEAKE AND DELAWARE CANAL (1817). in its behalf, and gave the most ample information of the importance of the canal, its practicability, and the measures taken to carry it into effect. 15. After the importance of opening the communication between the two bays had excited the attention of the most intelligent men for more than half a century, it was com- menced with enthusiasm, and successfully prosecuted for more than two years. During this time all the preliminary operations were completed, and considerable progress was made in cutting the canal itself ; but at the expiration of GREAT CALAMITIES CAUSED BY FLOODS 251 this time it became absolutely necessary to suspend it from no other cause than the failure of funds, arising from the neglect of the stockholders to pay up their subscriptions. At length, however, the means required to complete the work were realized from various sources, and through it wealth from the North poured into Baltimore, which had already acquired a commercial importance second only among the great cities of the Union. 16. By the great floods in the year 1817, turnpike roads, canals, and other public improvements, as well as private property in Maryland, suffered to the amount of millions of dollars. On the 9th of August, in that year, great rains prevailed over the state. On Friday night, the 8th of the month, they commenced to fall with exceeding violence. It was almost an unceasing torrent, or deluge of water, until about one o'clock in the afternoon of the 9th. 17. Calamitous accounts from all parts of the state rap- idly came in ; of houses, mills, mill-dams, and public im- provements swept away. Eight persons lost their lives, and sixteen houses were destroyed by the rising of the waters at York, in the state of Pennsylvania. On the Great and Little Gunpowder Falls, Jones's Falls, Gwynn's Falls, and Patapsco Falls, scarcely a single bridge remained, and those on most of the streams between Baltimore and York were swept away. At Washington city the floods came in great force. Turnpike and other roads were washed so as in many places to be almost impassable. 18. Jones's Falls, which runs through the city of Balti- more, was swelled to an alarming height. The stream is about fourteen miles in length, with a very rapid descent. It passes through a hill country, and affords, perhaps, more mill-seats than any stream of its length in the United States, nearly all of which were, at the time of the flood, very highly improved. In general, it might have been forded anywhere without reaching above a horse's knee, 252 THE HISTORY OF MARYLAND. and within those parts of the city which had been built up it was confined by stone w T alls erected on piles, by houses on its banks, or wharves, to a space of sixty feet wide above Market Street bridge, but of some greater width below to the basin. 19. At one o'clock, on the 9th of August, the wooden bridge at Center Street was lifted from its abutments and happily deposited in a garden below. Many of the mill- dams above had, by that time, been swept away, and their accumulated waters were added to the torrent. The next bridge at Bath Street, also of wood, shared the fate of the former, but passed in an unbroken body down the stream and lodged against the stone bridge at Gay Street. 20. Here it instantly collected an immense mass of float- ing timber and parts of houses, forming an obstruction to the water, which then spread itself over the low grounds west of the falls, and impetuously passed down Fish Street to Harrison and Frederick Streets. That part of the city called " the meadow " was overflowed to a depth of ten or fifteen feet. 21. The greatest force of the torrent fell against the brick houses near the intersection of the south side of Gay with Frederick and Harrison Streets, and especially in the latter, where some frame buildings were swept off in a mo- ment ; their foundations, even, being nearly rooted up. Har- rison is a wide street, extending from what was then called Market Space, or the place where the principal market house of the city was located, and afforded vent for an im- mense quantity of water. It was in many places more than six feet deep, and of such power at the head of the market-house as to render it unsafe for man or horse to cross it. Except for about half an hour, when the flood was at its greatest height, it was forded by carts loaded with people, but a coach, in attempting to cross, was swept A SCENE OF DEVASTATION. 253 off and lodged against the posts of the market-house, the horses narrowly escaping destruction. 22. Market Street bridge, built of stone, and not ob- structed as that at Gay Street, but protected by the diver- sion of water, caused by the obstructions at the latter, stood the current, which passed under it with the rapidity of an arrow. 23. The two foot-bridges between Market and George Street bridges, had given way, and that of George Street soon followed, and lodged crosswise against the stone bridge at Pratt Street, soon forming another complete obstruction. The water then took an additional rise of about three feet in less than three-quarters of a minute, and a large quantity of property, yet but partially injured, was sitddenly sacri- ficed. 24. Pratt Street bridge was the lowest one on the falls, and the water, after passing it, spread over the low grounds in its course to the basin, doing but little damage. Of all the bridges on the falls, that at Market Street only was un- injured. 25. It was impossible to give a proper view of the scene which this deluge presented. Houses, horses, cattle, with many swine, carts, drays, and other carriages, with, per- haps, thousands of cords of wood, and immense quantities of heavy timber, sometimes large trees, were seen mingled in awful confusion, dashing against each other as they were impelled by the foaming flood. 26. Women and children in the upper stories of houses were loudly calling for assistance from others as helpless perhaps as themselves, as multitudes of articles of furni- ture, heavy hogsheads, barrels, and, in two or three instances, human beings were carried down the raging flood. 27. The water was at its principal height at three o'clock, after which hour it rapidly fell, exposing to view a situation of things which defied description. It was impossible to 254 THE HISTORY OF MARYLAND. give anything like a true account of individual losses. The city corporation sustained damages to the amount of ahout one hundred thousand dollars ; the works of the water com- pany were extensively injured, and the entire loss within the city was estimated at a million and a half of dollars. 28. In 1818 Charles Goldsborough was elected governor of Maryland, and in 1819 Samuel Sprigg succeeded him. In 1822 Samuel Stevens was elected, and he was succeeded by Joseph Kent in 1825. 29. On the 25th of February, 1822, William Pinkney died, aged fifty-eight years. He was one of the most dis- tinguished lawyers and statesmen of Maryland. He was born in Annapolis on the 17th of March, 1764. From 1807 to 1811 he was minister resident in London, and in this latter year was appointed attorney-general of the United States by President Madison. His written opinions are said to be " finished models of judicial eloquence, uniting powerful and comprehensive argument with a copious, pure, and energetic diction." CHAPTER XXVII. 1826-1828. Chesapeake and Ohio Canal. — The Fairfax Stone. — Travels in the Mountains. — Baltimore and Ohio Railroad. 1. In 1824 a company was formed in Maryland called " The Chesapeake and Ohio Canal Company," for the pur- pose of constructing a canal from the Ohio River to the District of Columbia. 2. In order to ascertain the practicability of construct- ing this canal, a party of gentlemen, including the secretary of war, visited the mountains on the route. They examined the sources from which the canal could be fed with water, and found that Deep Creek, a branch of the Youghiogheny, in the dry season furnished sufficient water at what was called the summit level, to fill a lock sixty feet long, ten feet deep, and twelve feet wide, in thirteen minutes. •*!. The Little Youghiogheny River could also be brought to the summit level at a point near Armstrong's in the Green Glades, and the Great Youghiogheny could be brought to the same place at a point where the state road crosses that stream. The question of water sufficient for canal navi- gation east and west was therefore considered as finally settled. 4. From a point on the Deep Creek glade, called Hinch's Arm, forty-six feet of elevation above the bridge on the creek, the tunnel would be about two miles to Crabtree run, a branch of the Savage River. 5. From the mouth of the North Glade run, a branch of 250 THE HISTORY OF MARYLAND. Deep Creek, to the head of White Oak Lick fork, was found to be one hundred and twelve feet ; thence to the summit of the dividing ridge, twenty-eight feet. On this route to the middle fork of Crabtree run, the tunnel would be one mile and two thirds. G. From Deep Creek bridge to the mouth of North Glade run, was about eleven feet elevation ; and from the bridge to the mouth of Meadow Mountain run, a branch of Deep Creek, the elevation was ten feet. 7. From a point of elevation forty-six feet above the bridge, on the Meadow Mountain run, the tunnel would be about four miles to Monroe's run, also a branch of Savage River, about four or five miles above Crabtree run, and about nine miles from its mouth. 8. In the early part of the nineteenth century a trav- eler made an extensive journey over the Alleghanies, and described some of the parts of country through which, as then contemplated, the Chesapeake and Ohio canal would probably pass. 9. " I was informed," said he, " that Lord Fairfax's stone marks the boundary line between Maryland and Vir- ginia, and that it stands between what is called the " Back- bone " and the Alleghany mountain. 10. In order to make his way to Fairfax's stone, he writes, " I rode nine miles through Horse-shoe Bottom, and crossed Cheat River five times. It is about one hun- dred and fifty yards wide, and six feet deep. I came to the mouth of the Black Fork of this river, which is about eighty yards wide, and a very rapid stream. The water is about the color of tar-water. I was under the impression that the water was not colored, that it received its appear- ance of color from the ground and the bed of rock over which it runs. I got a clear, white tumbler, and dipped up some water from the river, which, when in the glass, was as clear as crystal and a pure, well-tasting water." THE FAIRFAX STONE. 257 11. From Cheat River the path to Fairfax's stone was known as Passon's Path, and the traveler was informed that there had not been a horse on that path for thirty years. " I believed it impossible," said he, " to take a horse to the stone, and I turned my course to ih% Great Glades, intend- ing to come to it from the Maryland side." On his way he said he came to one of the curiosities of the " great western world." This was a small creek about "four poles wide and knee-deep." In the middle of the stream, he said, " there was a continual bubbling of water, as if a noise of wind, or a blowpipe, was at work at the bottom of the stream. The wind came up with a smell similar to that of stone coal on fire. Our guide waded into the stream, held the lock of his rifle near the surface of the water at the bubbling point, turned his head and face to one side, and pulled the trigger. She flashed, and that instant a fire was blazing on the surface of the water as large as a yard square and two feet high. No smoke or sparks issued from the flame. I turned my horse into the stream and rode around the fire. I requested my guide to bring some leaves and dry sticks, to see if it was fire in earnest. As soon as he put them to the blaze they took fire, and burned his hand until he was obliged to let them go down stream. I am in- formed that in summer, at low water, this place blazes as high as a man's head for three weeks at a time." 12. " I rode eighteen miles," said the traveler, " on the Big Youghiogheny River, situated on the west side of the Great Glades, about sixty miles west of the boundary line between Virginia and Maryland ; thence two miles to the house of William Wiles, the master woodsman of the great Alleghany forest, and the master herdsman of the Great Glades. I made my business known, and he said he could take me to Fairfax's stone, which was ten miles away, run- ning on the line between the two states. He said, however, that the stone could not be reached in less than fifteen 258 THE HISTORY OF MARYLAND. miles ; and if I took a horse there and snow fell before I returned, I would never get him back again. He told me that, many years ago, a man went out into the vicinity of Fairfax's stone, and, missing his way, never could return to his camp-ground. Leading his horss in the mountain, he went to work with his pocket compass, and found his way out, twenty miles from the place he thought to reach. Wiles was then employed to go out and bring his horse, which was tied to a hickory-tree by the neck. He had barked the tree up and down, but if he could have reached up two feet higher there was a bag of oats. This morning the mountains are all completely covered with snow, which puts an end to my expedition to Fairfax's stone. At three o'clock the storm abated, and I rode thirteen miles, crossing the Great Glades." 13. The Chesapeake and Ohio canal company was an outgrowth from the old Potomac company, which had failed to bring into Maryland the trade of the great west- ern country. The new canal was to be cut through the land from the District of Columbia, by Avay of Cumberland, to the coal regions on the eastern side of the Alleghanies, and thence to the head of navigation on the Monongahela or Ohio River. It was contemplated that the states of Maryland, Virginia, and Pennsylvania, aided by the gov- ernment of the United States, as well as by private indi- viduals, would finish the work. 14. In 1828 about four millions of dollars were raised by subscriptions to the company's stock, the route was se- lected, and the work put under contract. The route selected was on the eastern bank of the Potomac River, wholly within the state of Maryland. The company encountered great difficulty and expense where Monocacy discharges its waters into the Potomac. It was necessary to construct an aqueduct over the " mouth of Monocacy," through which the waters of the canal might pass, carrying upon their sur- THE FIRST RAILROAD IN MARYLAND. 259 face heavily laden boats ; and material for this great struc- ture could only be obtained from a quarry at the southern base of the Sugar-Loaf Mountain. This quarry was about four miles distant from the mouth of the Monocacy, and for the purpose of conveying hewn stone over this distance a railroad was constructed, on which open cars were moved by horse-power. This was the first railroad laid down in Maryland, perhaps the first in the United States. Iron rails were not used. They were made of wood, consisting of nothing more than logs, cut from twelve to sixteen feet long, allowing the diameter at the smaller end to be not less than about ten inches. They were called " string-pieces, " and along their whole length a triangular trough or groove was cut from the bark or outside of the log to its center or heart, so as to take out about a fourth part of its wood. -The groove then formed a right angle, at the heart of the log, and two flat surfaces diverging from it. When the string-piece thus made was laid down on the trackway, one of the flat surfaces was parallel to the surface of the ground and the other perpendicular to it. 15. These pieces were laid down about as far apart as the rails of other railroads, and, as the car moved along, the perimeters of its wheels pressed upon the flat surfaces of the grooves as well as against their perpendiculars on each side of the track, holding the car firmly in its place, so as to prevent it from running off to the ground. 16. The road was built up hills and down them, through a rough and mountainous country, very little grading being done, and the cars consisted of a plain wooden platform supported by iron wheels and axles. One wheel or more on each car had cogs on the inside of the perimeter, between which an iron lever could play so as to lock the wheel in going down a hill. This railroad was kept in operation until the great aqueduct was finished, .and afterward abandoned to decay. 260 THE HISTORY OF MARYLAND. 17. The people of Maryland, believing that a canal from the Ohio River to the District of Columbia only would build up the cities on the Potomac to the detriment of Bal- timore, obtained the right to construct a canal from some point near the Potomac River through the District of Co- lumbia to the city of Baltimore. This canal was not be- gun, for the feasibility of its construction was gravely doubted, and the Chesapeake and Ohio canal was not con- structed beyond Cumberland. . CHAPTER XXVIII. 1829-1840. Railroad to the Waters of the Ohio. — Adams and Jefferson. — Charles Carroll. — Two Hundredth Anniversary. — Logan and other Indian Chiefs. — Fort Cumberland. — The Meteoric Shower, etc. 1. In 1827 a company of gentlemen applied to the legis- lature to obtain a charter for a railroad from the city of Bal- timore to the " waters of the Ohio," and it was granted in less than ten days after the application was formally pre- sented. A lawsuit with the Chesapeake and Ohio canal company with respect to a right of way for the railroad soon followed, but a compromise was effected, by which the railroad was allowed to be built on and near the eastern bank- of the canal from the Point of Rocks to Harper's Ferry where it entered Virginia. 2. On the 4th of July, 1828, the corner-stone of the Baltimore and Ohio railroad was laid, and the event was signalized by the most imposing procession ever seen by the people in Maryland. On the 4th of July, 1826, John Adams and Thomas Jefferson died, and of all the signers of the Declaration of Independence, but one then remained. This one was Charles Carroll of Carrollton, who seemed to stand between two generations as the only visible link connecting the living with the fifty-six "immortal signers." He was then the only representative on earth of the Congress of 1776, and, more than ninety years of age, he still stood erect, transmitting unimpaired to posterity the blessings which had been transmitted to him. He formally com- 202 THE HISTORY OF MARYLAND. menced the work on this great railroad by the ceremony of laying the corner-stone with his own hands, in the presence of a vast multitude. 3. " I Consider this among the most important acts of my life," said he, addressing his friends, " second only to my signing the Declaration of Independence, if even it be second to that." 4. In 1828 Daniel Martin was elected governor of Mary- land, and under his administration the railroad was put in operation as far as Ellicott's Mills, a distance of fifteen miles from Light Street wharf, Baltimore. Small passenger cars, resembling, in many particulars, the old-style stage- coaches, were put on the track and drawn by horses. The freight cars resembled large square boxes on wheels, and they were covered with white cotton material, similar to that used for " wagon sheets " on the turnpike roads. Peo- ple came from widely distant parts of the United States to see a railroad in operation, and to enjoy a ride on the cars for the gratification of their curiosity. "GRASSHOPPERS." . 263 5. When the road was finished as far as Harper's Ferry, where the Potomac and Shenandoah Rivers meet in the Blue Ridge Mountains, steam engines called "grasshoppers" were put on the road, in place of mules and horses, and Ions: and heavy trains of cars, coupled together by chains, were drawn along by the " grasshoppers " at the rate of fifteen or twenty miles an hour. These steam engines were so called because they had perpendicular connecting-rods, which worked up and down in front of the engines, mak- ing them appear, when viewed from a distance, like huge grasshoppers, hopping along in terrible fright to escape the roaring wheels behind them. 6. In 1829 Thomas King Carroll was elected governor of Maryland. In 1830 Daniel Martin was elected for a second term. In 1831 he was succeeded by George Howard ; in 1832 James Thomas was elected, and succeeded by Thomas W. Yeazey in 1835. 7. Under the administration of Governor Thomas, in 1834, the Washington branch of the Baltimore and Ohio railroad was finished, and Philip E. Thomas, president of the road, the directors, and a large company of invited guests from Baltimore, proceeded to Washington, where they met the mayor and city council of that city, and a large body of distinguished citizens, as well as Andrew Jackson, president of the United States, and other promi- nent officers of the general government. 8. " Even to the casual observer," said President Thom- as, " of the map of the vast empire into which the original thirteen states have expanded under the beneficent influence of our free institutions, the national advantages of Mary- land, upon whose soil we now stand, must be apparent ; and, having been once included in the limits of the state, the city of Washington must feel an interest in whatever affects its happiness and prosperity. 9. " You have alluded," said he, " to the change which 264 THE HISTORY OF MARYLAND. is now wrought in travel between our respective cities, since the time when the sun both rose and set on the way- farer as he toiled on his journey between them. I trust the traveler to the West, who on his departure sees that lumi- nary emerge from the bosom of the Atlantic, may be per- mitted to follow its course, so that on the same day he will witness its descent beneath the broad horizon that circum- scribes the waters of the Mississippi." 10. It is claimed that most of the engineering and me- chanical contrivances that now form indispensable elements in the practical operation of railroads, all over the world, were wholly originated in Baltimore, in connection with the early experiments on the Baltimore and Ohio railroad. 11. In 1834 two hundred years had gone by since the landing of the colonists of Maryland at St. Mary's ; and, looking over these long centuries, it may be plainly seen that these people are clearly entitled to the merit of priority in the establishment of religious freedom for all the Chris- tian denominations in America. Lord Baltimore, by his original plan of polity, established Christianity in Maryland agreeably to the old common law, with the express denial of preeminence to any sect. His associates organized the principle, and acted upon it from the outset. The assem- blies of the province from 1635 to 1639 admitted it as fundamental, and that of 1649 promulgated a statute con- cerning religious equality and freedom, which is not only prior in date, as a charter for Christian sects, to any other legislative act of the kind of which this country can boast, but it provides more minutely and anxiously than any other extant for the protection of the rights of conscience and the preservation of religious harmony. No other law is known which bespeaks a spirit so tolerant as to the various divisions of Christianity, so prudent and sound a judgment, and so generous a solicitude for the welfare of all. 12. It is a matter of surprise that the colonists of Mary- LOGAN, THE MINGO CHIEF. 205 land encountered so little trouble with the Indians, espe- cially when it is known that the prevailing fear of the Six Nations was that the Europeans might become too power- ful. 13. It is not, however, a matter of surprise that the Ind- ians, as a nation, would not embrace Christianity, for with the ship that brought the colonist and the Bible came also, as a general thing, the barrel and the bottle containing strong drink, or fire-water, as the Indians soon learned to call it. 14. As far back as 1688 many of the good people of Maryland took into consideration the terrible effects of strong drink upon the Indians, and saw that preaching the gospel to them was likely to become an entire failure unless the liquor traffic among them was prohibited. The most stubborn battles ever fought between the whites and Ind- ians on this continent were to prevent the encroachment of the bottle upon the territory of the latter, for the bottle and the Bible, they said, always arrived on their hunting- grounds in the same wagon, and they could not see how the one could bear the company of the other. 15. The liquor trade among the Indians of Maryland, during the government of the province by the Lords Bal- timore, was, in a great measure, prohibited by law and by the force of public opinion bearing upon the traders ; yet, even then the missionaries were, in many cases, baffled in their efforts to do the Indians good, on account of the per- sistence of the trader to do them evil. 16. In 1772 Logan, the Mingo chief, was introduced to a missionary, and the conversation immediately turned upon vice and immorality arising among the Indians from the use of fire-water ; the chief " exclaimed against the white peo- ple for imposing liquors upon the red men." The influence of the missionary upon Logan came suddenly to an end, for he charged the whites with making him a drunkard. 12 •260 THE HISTORY OF MARYLAND. 17. " The Great Spirit made the spring," said another chief, in 17*7, "and other seasons, "but he did not make stills to make whisky to be given to the Indians. He bids me tell the white people not to give Indians any kind of liquor. When he had made the earth and the animals, he went into the great lakes, where he breathed as easily as anywhere else, and then made all the different kinds of fish. 18. "The different kinds," continued the chief, "he made to be separate, and not to mix with and disturb each other, but the white people have broken his command by mixing their color with the Indians. 10. " The Great Spirit," said he, " wishes me to inform the people that they should quit drinking intoxicating liquor, as being the cause of diseases and death. He told us not to sell any more of our lands, for he never sold land to any one. lie has ordered me to quit drinking intoxicating drinks, and informed me that by doing so I shall live longer. He made known to me that it is very wicked to tell lies." 20. On the 18th of February, 1834, William Wirt died. He was born at Bladensburg on the 8th of November, 1772. He held the office of attorney-general of the United States for twelve years, and his opinions delivered during that time are among the ablest on the records of the office. 21. Roger Brooke Taney, whose ancestors were among the earliest emigrants to the province of Maryland, was born in Calvert County on the 17th of March, 1777. At the age of fifteen years he was sent to Dickinson College, Carlisle, Pennsylvania. In 1709 he was admitted to the bar, and commenced the practice of the law in his native county. In 1827, by the unanimous recommendation of the Baltimore bar, he was appointed attorney-general of Maryland by Governor Kent, and in 18.'>1 attorney-gen- eral of the United States by President Jackson. 22. Chief Justice Marshall died in the summer of 1835, and on the 28th of December in the same year Mr. Taney DEATH OF ROGER BROOKE TANEY. 207 was nominated to the senate, to fill his place in the supreme court of the United States. On the 15th of March, lxi(>, his nomination was confirmed and his judicial life com- menced. 23. He first took his seat on the bench at a circuit court held in Baltimore in April, 183(5. In January, 1837, he took his seat for the first time on the bench of the su- preme court, and continued to hold the office of chief jus- tice with unsurpassed ability until the time of his death, which took place in Washington city on the 12th of Octo- ber, 1864. His desire was that he be buried in the soil of Maryland, and his remains were placed beside those of his mother, in Frederick County. 21. In the year 1834 the state of Maryland could claim the precedence over her sister stales in the construction of great turnpike roads, canals, and railroads, to penetrate and conquer the Alleghanies, and in these she had undertaken and commenced the grandest public improvements in Amer- ica. In the second century of her existence, she developed and reduced to practice a class of great ideas of which Eu- ropean nations, a thousand years of age, had scarcely begun to dream. 25. She had engaged in a war against time and distance, and her great railroad was to be built through a country full of attractions of every character, from the variegated landscape to the high and rugged mountain cliff. 2(3. The road was carried through the great gorge at Harper's Ferry, made by the forces of nature for the pass- age of the waters of two rivers through the Blue Ridge Mountains. At this point the scenery is sublime. Moun- tains arise on each side of the Potomac, piercing the clouds with their sharp pinnacles, beneath which is a chasm cut through a mountain barrier, which in some remote age frowned in stern defiance on the waters at its base. 27. From Harper's Ferry the route was easy to the spot 268 THE HISTORY OF MARYLAND. from which the site of old Fort Fredei'ick can be seen, near the town of Hancock. This old fort is, among other recol- lections, memorable as the place in which some of the pris- oners, captured at the surrender of Cornwallis, in 1781, were confined, and because it was built under the direction of Washington upon a spot then on "the western frontier." It is also carried alona; near the " Great Horse-shoe Bend " of the Potomac River, in which old Fort Cumberland stood, and in one or more places it cuts Braddock's road, well known in the history of Maryland. 28. At old Fort Cumberland, General Braddock record- ed his opinion of the provincial forces which accompanied his expedition to Fort Du Quesne. Dating June 5, 1755, he wrote : " I have at last assembled all the troops destined for the attack at Fort Du Quesne, which amount to two thousand effective men, of which there are eleven hundred furnished by the southern provinces, who have so little courage and disposition that scarcely any military service can be expected from them, though I have employed the best officers to form them." 29. The Baltimore and Ohio railroad, therefore, in pass- ing along in view of the most magnificent scenery in the world, also passes over " rich historic ground " ; rich in rel- ics that bring back reminiscences of the great past of Mary- land ; and the traveler over this road from Baltimore to Wheeling is relieved from the absorbing cares of every-day life by the most pleasing contemplation of the present and the past. 30. On the nights of the 12th and 13th of November, 1833, a great meteoric shower took place, which was visible in all parts of Maryland. 31. "I was suddenly awakened," said a traveler, "by a terrific stream of unearthly light flashing through the win- dow panes and blazing over the room from floor to ceiling. Suddenly drawing the curtain aside, I beheld a great ball A METEORIC SHOWER. 269 of fire, as large as the sun or moon appear, rushing from the direction of the zenith, and describing a curve as it flew to- ward the horizon at the southwest. 32. " After this smaller meteors continued to fly in all directions until they Avere overpowered by daylight on the morning of the 13th. They rushed down through the air as thick as large snowflakes, yet vastly more luminous, ap- pearing to the beholder as consuming their substance in their flight, or wearing it away by friction against the walls of air. Most of the meteors appeared as large and as brilliant as the stars themselves, and many persons thought that the celestial luminaries were rushing down to the earth, for the heavens blazed with an incessant discharge of globes of Are that appeared as descending in countless numbers. Some of the meteors appeared to strike the earth and explode, scattering their fragments in all directions ; yet, by the light of day, no traces of the great shower could be discovered. No violence was done to anything ; no twig, leaf, or flower was injured, and the shower left no record of itself except in memory." 33. The above is a description of the shower as it ap- peared in Montgomery County. A writer in another part of the state said : " I witnessed one of the grandest and most alarming spectacles which ever beamed upon the eye of man. The light in my room was so great that I could see the hour of the morning by my watch, which hung over the mantel. I sprang to the window and beheld the stars, or some other bodies, presenting a fiery appearance, de- scending in torrents as rapid and numerous as ever I saw flakes of snow or drops of rain in the midst of a storm. Oc- casionally a large body of apparent fire would be hurled through the air, which, without noise, exploded, when mil- lions of fiery particles would be cast through the air." 34. "At twenty minutes past five in the morning," said a writer in Baltimore, " a meteor about six inches in diam- 270 THE HISTORY OF MARYLAND. eter exploded with considerable noise almost perpendicu- larly over the northwest part of the city. The blaze was splendid, so as to give the sky the appearance of sunrise. It shot in the direction of the northwest, leaving a stream of light, which assumed a serpentine form of apparently thirty feet in length, and lasted more than one minute." CHAPTER XXIX. 1 840-1 8G0. Constitution of Maryland. — Baltimore and Ohio Railroad. — Harper's Ferry. 1. It will be remembered that the first constitution of Maryland was formed in 1776, but since then several new ones have successively taken its place. The legislature under this constitution met every year on the first Monday in November, and the governor of the state was elected on the second Monday of the same month ; but the constitu- tion was altered at the session of 1823 and confirmed in 1824. 2. After the time of this alteration it is found that the legislative power of the state was vested in a senate, con- sisting of fifteen members, and a house of delegates, con- sisting of eighty members; and these two branches united were styled "the General Assembly of Maryland." 3. The members of the house of delegates, four from each county, were elected annually by the people on the first Monday in October ; and the members of the senate were elected every fifth year, on the third Monday in Sep- tember, at Annapolis, by electors who were chosen by the people on the first Monday of the same month. These electors elected by ballot nine senators from the western and six from the eastern shore, who held their offices for five years. 4. The executive power of the state was vested in a governor, who was elected annually on the first Monday in 272 THE HISTORY OF MARYLAND. January by a joint ballot of both houses of the general assembly. No person could hold the office of governor more than three years successively, nor was he eligible as governor until the expiration of four years after he had been out of that office. The governor was assisted by a council of five members, who were chosen annually by a joint ballot of the two houses of assembly. 5. The general assembly met on the last Monday in December. The council of the governor was elected on the first Tuesday in January. The constitution granted the right of suffrage to every free, white, male citizen above twenty-one years of age, who had resided twelve months in the state and six months in the county, or in the cities of Baltimore or Annapolis, next preceding the election at which he offered to vote. In 1836 the governor's council was abolished. 6. The state was divided into six judicial districts, each comj>rising two, three, or four counties. For each district there was a chief judge and two associates, who constituted the county courts for the respective counties in the district. These w T ere the common-law courts of original jurisdiction in the state, and they had jurisdiction of all claims for fifty dollars and upward, appellate jurisdiction from the judg- ments of justices of the peace, and equity jurisdiction within the counties coextensive with the chancellor. The six chief judges constituted the court of appeals for the state, which had appellate jurisdiction of cases at law and in equity, originating in the county courts, the orphans' courts, and the court of chancery. 7. In 1836 a new county was erected out of parts of Frederick and Baltimore Counties, and named Carroll County, in honor of Charles Carroll, of Carrollton. 8. It lies north of the western branch of the Patapsco Falls, and west of the northern branch, and extends north to the Pennsylvania line and northwest to the Monocacy River. CARROLL COUNTY. 273 274 THE HISTORY OF MARYLAND. 0. Westminster, the eounty seat, is a flourishing place, and the seat of the Western Maryland College, an institu- tion for the education of the youth of both sexes. 10. On the 3d of June, 1836, an internal improvement bill was passed by the legislature, which provided for the subscription, on the part of the state, of three million dol- lars toward the completion of the Chesapeake and Ohio canal, and the same amount toward the completion of the Baltimore and Ohio railroad. • 11. In 1837 water had been let into the canal between Harper's Ferry and Georgetown, and the government of the United States subscribed to the slock of the company one million dollars. It was in rapid course of construc- tion toward the great west ; but, as a tunnel was required through the Alleghany Mountains of four miles and eighty yards in length, it ^as not therefore carried beyond Cum- berland. 12. In the autumn of 1835 the Baltimore and Ohio rail- road was put in operation between Baltimore and Harper's Ferry, and had ten steam locomotives, fifty passenger cars, and twelve hundred freight carriages constantly employed. 13. In this year the Winchester and Potomac railroad was in operation from Harper's Ferry to Winchester, in Virginia, a distance of thirty miles ; the Baltimore and Port Deposit railroad was finished as far as Havre de Grace, and the Wilmington and Susquehanna road con- tinued it from a point opposite Havi'e de Grace by the towns of Elkton and Wilmington to the line between Dela- ware and Pennsylvania. The junction of the two roads at Havre de Grace was to be effected by a steam ferry-boat of peculiar construction, to answer the purpose of a floating bridge at all seasons of the year. 14. The Baltimore and Susquehanna railroad, to extend from Baltimore to York, in the state of Pennsylvania, was commenced in 1830 and completed in 1837. DEATH OF GENERAL SAMUEL SMITH. 275 15. In this year a great financial crisis occurred in Mary- land, as well as in all the other states of the Union, in which even the treasury of the United States suffered, and fail- ures in business were of daily occurrence. Because the state of Maryland had subscribed liberally to her public improvements, her treasury was threatened with bankruptcy, but she managed to redeem her credit without the repudia- tion of one of her debts. To the great relief of the people, the Baltimore and Ohio railroad company issued a paper currency, which circulated freely among them ; and al- though at times it became greatly depreciated in value, nevertheless it was highly appreciated as a safe currency. At the same time business men and others issued small bills of credit, suitable for change, which were received and paid out in all common business transactions, and the trouble soon passed over, leaving the country in a prosperous con- dition. 16. In 1838 William Grason was elected governor of the state, and held the office for three years. 17. On the 22d of April, 1839, General Samuel Smith died, in the eighty-seventh year of his age. He entered the army of the revolution as a captain in Colonel Smallwood's regiment, and his company covered the retreat of Washing- ton's army through New Jersey in 1777. He was elected to congress in 1793, and continued in the house of represen- tatives or senate, as a representative from Maryland, for more than forty years. 18. In 1840 the largest assembly of people known in the history of Maryland came together on a vacant lot at Canton, in the city of Baltimore. 19. It is known as the great Whig convention, and its object was to ratify the nominations of William Henry Harrison and John Tyler, for president and vice-president of the United States, made at Harrisburg, in Pennsyl- vania, on the 4th of December, 1839. At this convention 276 THE HISTORY OF MARYLAND. speeches were delivered by Daniel Webster, of Massachu- setts ; Henry Clay, of Kentucky ; and John Van Lear McMa- hon, of Maryland ; the latter of whom made an effort which, for brilliancy and power, fell not below those of the great orators who preceded him. The presidential candidates were elected, and in April, 1841, President Harrison died. The people of Maryland did great honor to the deceased president by the most imposing procession in Baltimore, expressive of their feelings on account of the national be- reavement. The vast concourse terminated at Washing- ton's Monument, then finished, where ceremonies appropriate to the occasion took place. 20. In 1841 Francis Thomas was elected governor of the state, and Thomas G. Pratt succeeded to the office in 1844. 21. In 1844 the Historical Society of Maryland was founded, and General John Spear Smith was its first presi- dent. Under his administration it rapidly advanced to- ward its present great usefulness as a safe depository of the relics, whose preservation ennobles a people. This so- ciety has done a great deal toward the collection and pres- ervation of scarce manuscripts relating to the history of the state; yet a greater part of its duty still remains undone. Upon the achieving of its independence, it should have been the first care of every state to publish its historical documents, for the nature of history demands this attention. The arts and sciences may recover their materials when lost, but history never. If poetry perish, a new poetic era will appear ; if the principles of philosophy, medicine, or archi- tecture be lost or forgotten, they may be recovered, for na- ture and man remain the same. If historical facts perish, they can never be restored. 22. In 1845 the province of Texas was annexed to the United States. It belonged to Mexico, but had recently de- clared itself independent, and the people declaring in favor of the government of the United States, a war with Mexico was THE MEXICAN WAS. 277 precipitated. President Polk ordered General Taylor to occupy the western boundary of Texas, and taking up his position, he planted his cannon within range of Matamoras, a Mexican town on the opposite bank of the Rio Grande. 23. In 1846 active hostilities commenced, and, the war assuming unexpected proportions, did not terminate until, in the autumn of 1847, General Scott penetrated the country into the city of Mexico. In February, 1848, a treaty of peace was signed, Mexico was conquered, and the war was at an end. This treaty gave the territories of New Mexico and Upper California to the United States, and fixed the river Rio Grande as the boundary of Texas. 24. In the war Maryland was represented by several companies of brave men, officered by such men as Major Samuel Ringgold, a graduate of the Military Academy at West Point, Colonel William H. Watson, Captain Oden Bowie, Lieutenant Randolph Ridgely, Captain John Eager Howard, Captain Archer, Captain Kenly, Captain Walker, and Lieutenant Swan. 25. Major Ringgold was killed at the battle of Palo Alto, and his remains were buried with great honors in Green- mount cemetery, in Baltimore. Colonel Watson fell at the battle of Monterey ; Lieutenant Randolph Ridgely was killed by a fall from his horse ; and no officer from Maryland is known who did not distinguish himself in the war with Mexico. Their bravery will long be remembered with pride in their native state. 26. In 1846 that portion of the District of Columbia south of the Potomac River was ceded back to Virginia, and the present District, therefore, lies wholly upon the soil of Maryland. The Maryland act of cession was passed on the 23d of December, 1788, and that of Virginia on the 3d of December, 1789. 27. In 1847 Philip Francis Thomas was elected governor of the state, and Enoch Louis Lowe in 1850. £78 TU fi HISTORY OF MARYLAND. 28. On the 4th of July, 1851, a new constitution of Ma- ryland was established, the 44th section of which declared that no person should be imprisoned for debt. This consti- tution abolished the court of chancery on the 4th of July, 1853, and the judicial power of the state was vested in a court of appeals and in circuit courts. The court of ap- peals, as at present, had appellate jurisdiction only. It is now composed of the chief judges of the first seven of the several judicial circuits of the state, and a judge from the city of Baltimore, specially elected thereto. These judges serve for fifteen years, or until they reach the age of seventy. 29. By the constitution of 1851 all that part of Anne Arundel County known as Howard District, lying north- west of the line beginning at the intersection of the west shore of Deep run, with the southwestern shore of the Po- tapsco River at or near Ellicott's Furnace, and running thence southwesterly with said Deep run until it reaches the Baltimore and Washington railroad, and thence with said railroad, including the same, until it reaches the south- western line of Anne Arundel County, on the Big Patuxent River, was erected into a new county, and named Howard County, after Colonel John Eager Howard, the elder. Elli- cott City, a flourishing manufacturing place on the Patap- sco River, is the county seat. 30. In 1852 the Baltimore and Ohio railroad was fin- ished as far as the Ohio River at Wheeling, in Virginia. 31. In 1853 Thomas Watkins Ligon, of Howard County, was elected governor, and in 1857 Thomas Ilolliday Hicks, of Dorchester County, was chosen to that office. CHAPTER XXX. 1861-1882. War of 1801. — Governor Swann. — Governor Bowie. — Constitution of 1807. — Public Schools. — Washington's Monument. — Public Buildings. — Parks.— The Great Seal.— Maryland in 1880. 1. In 1861 the states south of Maryland which border on the Atlantic Ocean and the Gulf of Mexico, including two others in the interior, withdrew from the Union, and between them and the general government a war ensued. 2. The people of Maryland took sides in this war ac- cording to their respective political opinions, but, owing to their conservative views and enlightened policy, the pros- perity of the state during the continuance of the war was not materially retarded. She lost, however, the greater portion of her trade with the South, yet made up that loss through channels which opened from other directions al- most as profitable as those which had been closed or diverted from her. 3. Invading armies marched in different directions over her soil, and several battles were fought upon it, yet she es- caped the ravages of war to a remarkable degree. The government of the United States bore the great strain brought to bear upon it, its supremacy was maintained, and peace was declared in 1865. 4. In 1861 Augustus W. Bradford, of Baltimore, was elected governor. 5. In 1864 a new constitution was adopted, which intro- duced several important changes in the policy of the state. 280 THE HISTORY OF MARYLAND. 6. It abolished the institution of slavery, which had been handed down to us by our colonial ancestors. 7. It provided for a uniform system of "free public schools," to be administered by a state board of education and a state superintendent of public instruction, and in 18G5 an act was passed under which a uniform system of free public schools was organized throughout the state. Under this act a state normal school was established, for the edu- cation of teachers. It was at first located in temporary places in the city of Baltimore, but subsequently a hand- some building for its accommodation was erected by the state in the northwestern part of the city. 8. In 1865 Thomas Swann, of Baltimore city, was elected governor. Prior to his election, he had been president of the Baltimore and Ohio railroad company, and during his administration the road was constructed over the most dif- ficult part of the route toward the Great West, so that when it was finished as far as Wheeling, a distance of three hundred and seventy-nine miles from Baltimore, it was said that " Bonaparte conquered the Alps ; Swann the Allegha- nies." 9. In 1867 Oden Bowie was elected governor, and in the same year a new constitution for the state was adopted. Under this constitution the government consists of three branches, the legislative, the executive, and the judicial. The state is divided into twenty-three counties, eight judi- cial districts, six congressional districts, and twenty-six senatorial districts. Each county is divided into election districts, and these are subdivided into school districts. 10. The legislative branch of the government consists of a senate and house of delegates. The senate is composed of twenty-six members, one from each county, and three from the city of Baltimore. The house of delegates con- sists of eighty-four members, elected every two years ; the senators are elected for four, and the sessions are held hi- JOHNS HOPKINS UNIVERSITY. 281 ennially, or once in two years. The length of a session can not extend over ninety days. 11. The executive power of the state is vested in a gov- ernor, who holds office for four years. He has power to veto bills passed by the general assembly, to grant pardons, and to appoint various state officers. 12. The judicial department consists of a court of ap- peals, circuit courts, special courts for the city of Baltimore, orphans' courts, and justices of the peace. Maryland is a part of the fourth judicial circuit of the United States, and a circuit and district court of the United States are held in Baltimore. 13. The laws of the state provide for the education of all children, white and colored, between the ages of six and twenty-one years. The present school system of the state was established in 1865, and consists at present of a state board of education, boards of county school commissioners, and school district trustees. 14. High as well as graded schools have been established in many of the counties of the state, and Baltimore city has a special school system under the control of a city school board. This system embraces a city college, two female high schools, grammar, and primary schools. There is also a state normal school in Baltimore and a normal school for training colored teachers. 15. At the head of all the institutions of learning in the state stands the Johns Hopkins University, organized in 1876, and embracing schools of law, medicine, science, and the classics. 16. The Peabody Institute, named after its founder, George Peabody, located on Charles Street, in Baltimore, is devoted to fine arts, science, and literature ; and the Johns Hopkins Hospital, established in the same city for the recep- tion and treatment of indigent sick persons, will not fall behind any similar institution in the world. 2S2 THE HISTORY OF MARYLAND. 17. Among the great objects of interest in Maryland is Washington's Monument, on North Charles Street, in the city of Baltimore. It is chaste, noble, and grand, always exciting the admiration of the beholder. From its upper balcony, near the statue of the great chief, is afforded the iinest view of the city, the Chesapeake, and the surrounding country. 18. The Atheneum building, on the corner of St. Paul and Saratoga Streets, is another great object of interest, inasmuch as it contains the library and gallery of paintings of the Maryland Historical Society. 19. The Maryland Institute, for the promotion of the mechanic arts, is located on Baltimore Street. It contains one of the largest halls in the Union, a well selected li- brary, schools of art and design, and a commercial depart- ment. 20. The state penitentiary is located on Madison Street, and the jail is on the same street, both large and complete structures of the kind. 21. The house of refuge, on the western side of the city, is a reformatory institution doing an excellent work in re- claiming juvenile offenders ; and the Maryland Hospital for the Insane, at Spring Grove, is an institution of great use- fulness. 22. Druid Hill Park, one of the most extensive and beau- tiful pleasure-grounds in the United States, is located at the northwestern suburbs of Baltimore city. It contains seven hundred acres of woodland, lake, and lawn, is noted for the beauty and variety of its scenery, and so bountifully has natiu-e bestowed her beauties upon it that art has but little to do by way of improvement. 23. Patterson Park, in the eastern section of the city, contains fifty-five acres of ground, and commands a magnifi- cent view of the harbor of Baltimore, the river, and Ches- apeake Bay. A part of the ground for the park was donated THE COUNTY OF GARRETT ERECTED. 283 to the city by William Patterson, a wealthy merchant of Baltimore in the olden time, whose daughter, in 1803, was married to Jerome Bonaparte, brother to Emperor Napoleon, of France. 24. The constitution of 1867 provided for the formation of a new county from parts of Worcester and Somerset Counties, which provision having been ratified by a vote of the people residing within the territory proposed for such new county, it was erected in the year 1867, and called Wicomico, after a river of the same name. Salisbury was made the county seat. 25. In 1871 William Pinkney Whyte, of Baltimore, was elected governor. 26. In 1872 all that part of Allegany County lying south and west of a line beginning at the summit of Big Backbone, or Savage Mountain, where that mountain is crossed by Mason and Dixon's line, and running thence by a straight line to the middle of Savage River where it emp- ties into the Potomac River, thence by a straight line to the nearest point or boundary of West Virginia, was erected into a new county and called the county of Garrett, after John W. Garrett. Oakland, on the top of the Alleghany Mountains, is the county seat. 27. In 1874 James Black Groome was elected governor. 28. In this year the legislature passed an act concerning the great seal of the state. This act authorized the governor to have the great seal of the state so altered as to make it conform to the arms of Lord Baltimore, as represented on the title-^age of "Bacon's Laws of Maryland," printed at Annapolis in 1765 by Jonas Gi-een. 29. The first great seal made after the Revolutionary war by order of the governor's council was a hanging seal with impressions on each side. On one side was the figure of Justice elevating her well-balanced scales above her head with her left hand, while her right hand grasped an olive 284 THE IIISTOEY OF MARYLAND. branch. At her feet were the fasces and other emblems. The whole was surrounded by the inscription : " Great Seal of the State of Maryland." On the other side were a hogshead of tobacco, some wheat sheaves, and a ship under sail, surrounded by the appropriate motto : " Industry the Means, .and Plenty the Result." The impressions were made on wax, and suspended to the document, like the old provincial seals. 30. The devices on the second great seal of the state consisted of an American eagle with wings displayed, hav- ing on its breast an escutcheon, the chief or upper part of which was azure, the remaining portion being occupied by vertical stripes of red and white. In the dexter talon of the eagle was the olive branch of peace, and in the sinister a bundle of three arrows, denoting the three great branches of government, the legislative, the executive, and the judi- cial. In a semicircle over the head of the eagle were thir- teen stars, representing the thirteen original states. The inner border of the seal contained the words, " Seal of the State of Maryland." The outer border was ornamental. 31. In 1854 a law was passed, instructing the governor to procure a new great seal for the use of the state. It was to contain on its face the arms of the state, as previously known and accepted, with the motto, "Crescite ct multipli- caminV On the upper part of the circle the words " The Great Seal " were to be inscribed, and at the bottom, in two horizontal lines, the words " of Maryland " ; on the left side of the circle, near the bottom, the figures " 1032 " were to be placed, and on the right side the figures " 1854." This seal was made and used according to law. 32. The arms of the state, "as previously known and accepted," consisted of the figure of an eagle with wings spread, standing upon the apex of a shield, resembling that seen on the great seal of the province. Upon the face of the shield were represented the cross bottony, the paly AN ACT TO ALTER THE GREAT SEAL OF THE STATE. 285 of six, topaz and diamond, and the bend counterehanged, symbolizing the arms of the Lords Baltimore. The shield was supported by the figures of a fisherman and farmer. 33. The act of 1874, previously mentioned, provided for another great seal to be made to take the place of the seal Qf_1854, but, on examination, it was found that the arms of THE POE MEMORIAL IX WESTMINSTER CHURCHYARD. Erected by the Teachers and Scholars of the Public Schools of Baltimore. Lord Baltimore were not represented on the title-page of Bacon's " Laws of Maryland," and no seal was made. 34. In 1876 another act was passed, authorizing the governor to have the great seal of the state altered so that it should bear the arms of Maryland, as represented upon the great seal furnished the province in 1648, by Cecilius, 280 TIIE HISTORY OF MARYLAND. Lord Baron of Baltimore. The law was complied with, ac- cording to the interpretation of its terms by the executive officer, and a seal was made, which is the present great seal of the state. 35. In 1875 John Lee Carroll, of Howard County, was elected governor, and in 1879 William T. Hamilton, of Washington County, was chosen to that office. 36. On the 17th of November, 1875, a monument was erected to the memory of the poet Edgar Allan Poe, of Maryland, who died in Baltimore, and was buried in West- minster churchyard in that city, on the 9th of October, 1849. The erection of this monument was the successful consumma- tion of a movement instituted by the Teachers' Association of Baltimore, in 1865, to erect upon the grave of Mr. Poe a monument worthy of that inspired genius. When this mon- ument had been completed, his remains were removed to the front of the churchyard, and there, above all that remained of Maryland's gifted poet, the enduring marble was erected. It stands as a sign to future generations that the people of Maryland are not forgetful to honor literary genius. 37. On that day an audience of marked intelligence and refinement was attracted to the hall of the Western Female High School, which adjoins the churchyard. Ap- propriate orations were delivered on the occasion, and trib- utes of respect and veneration for the deceased poet were received from various American poets, together with a letter from Alfred Tennyson, poet-laureate of England. These were read on the occasion, and the large audience listened to the reader with deep interest, receiving new ideas of the transcendent genius of Edgar Allan Poe. A starting-point was made to a changed and juster view of his life and char- acter. 38. In the same year the new City Hall of Baltimore was dedicated to the purposes for which it was erected. This is the most substantial and imposing building in Ma- THE GROWTH OF MARYLAND. 2S7 ryland, and one of the most beautiful in the United States. It covers an area of more than thirty thousand square feet, is faced on all sides with white marble quarried in Mary- land, and the point of its dome is two hundred and thirty- six feet above the street. It was erected at a cost of about two and a quarter millions of dollars. 39. Maryland reached in 1881 the two hundred and fif- tieth year from the date of her charter (1G32), and it may be said that her growth and progress have been remark- ;':-; ; r-rr JBilifa] NEW CITY HALL, BALTIMORE. able. While some domestic troubles occurred during her colonial period, her history is comparatively free from the stains of those acts of wrong and injustice which mar the annals of many other states and countries. The demon of superstition and the fell spirit of fanaticism found little foothold within her borders. The intelligence and liberal principles of her early settlers secured the enactment of laws which fostered freedom, and established religious tol- eration. Her policy toward the neighboring colonier? and the red man within her territory was mainly just and gen- 288 * THE HISTORY OF MARYLAND. erous. These acts clearly establish her claim to stand in the first rank as a pioneer in the cause of civil and relig- ious liberty. 40. It is true that Maryland drew a part of her early population from the other provinces. The Puritans, perse- cuted by the Established Church in Virginia; the Quakers, oppressed by the synod of Massachusetts; and the Dutch, expelled from Delaware, sought and found a generous pro- tection and an entire freedom of religious worship in the colony of Maryland. The toleration act of 1649 set free all the inhabitants of the province, and she thenceforth took steps in the lead of civil and religious liberty, which she has not yet retraced. On every page of her law-books the most salutary statutes are spread out before the people to invite their footsteps to the paths of honor, virtue, intelligence, and religion. An enlightened and virtuous people can never be enslaved, and this was evinced from the fact that the people of Maryland took the earliest steps in the cause of national independence. 41. The convention which framed the constitution of the United States was the outgrowth of meetings held by commissioners appointed by Maryland and Virginia to ad- just their commercial relations, and some of its provisions bear a striking resemblance to provisions contained in the original constitution of Maryland. The renown of Dan- iel Dulany for legal abilities, in provincial times, has been emulated in later days by her Martin, Pinkney, Taney, Wirt, and Johnson, whose fame as able jurists has extended to all parts of the Union. The bench and the bar of the state in them suffered great loss, yet time and circumstances may produce minds not unworthy to rank with theirs. 42. The site of Baltimore, chosen for the accommoda- tion of the heaviest shipping belonging to the world at that time, determined the question of the rapid development of CELEBRATION OF THE SESQUI-CENTENNIAL. 2S9 the city ; yet much is due to the enterprise and energy of the men who laid its foundation, pledging their fortunes in support of its prosperity. 43. It soon became apparent that Maryland would at- tract the trade of the great valley of the Mississippi, and then her citizens carved out for her a highway through the Alleghany, or Appalachian, chain of mountains, with a cour- age and persistence which commanded the admiration of the world. They ceased not to labor until Baltimore was con- nected by railroad with the Ohio River. 44. When this great work was done, the commercial position of Maryland was made permanent for all time to come ; and barriers were soon broken down to admit trade westward from the shore of the Atlantic, as well as east- ward from the empire of China. 45. In 1880 the sesqui-centennial, or one hundred and fiftieth anniversary, of Baltimore was celebrated in that city, continuing more than a week, in the month of Octo- ber. There was during the whole time a general holiday in the city, and almost everywhere throughout the state. 46. Representations of the growth of Baltimore and Maryland appeared in each day's procession ; and compe- tent witnesses declared that no civic or triumphal j)roces- sions in Europe ever exceeded those in Baltimore for num- bers and grandeur of display. 47. The administrative ability manifested by the mayor and police in the government of the city, during the pres- ence of unreckoned thousands in motion, was without a parallel in the history of governments, and it wiped away for ever the old aspersion which bestowed upon the city the unjust and slanderous misnomer of " Mob town." Harmony and good feeling prevailed among the people ; no arrests were made except to prevent pressure of crowd upon crowd ; and an unfriendly encounter was not iieard of during the memorable week of rejoicing. 13 290 THE HISTORY OF MARYLAND. 48. The processions and the multitudes of spectators on the sidewalks afforded a striking illustration of the good humor of Maryland crowds, and the patience with which policemen's orders may be obeyed. 49. Old Baltimore and old Maryland, 'that had been so rapidly receding into history, were again brought vividly before the view, and there was seen in procession a repre- sentation of the horse, the driver, and hogshead of tobacco, as they made their way along some old rolling road laid out in the royal days of old Maryland. 50. Following after similar representations of labor in the olden time, came exhibits of skilled labor : its labor- saving appliances, its scientific economies, its precise meth- ods, and the amount of capital invested in material and appliances, as well as the present immense capacities for the transportation and distribution of products in demand. 51. It was estimated that eighty* thousand strangers visited Baltimore on the first day of the celebration ; and, considering some of the large and unwieldy tableaux in procession, it is highly creditable and pleasing that there were no accidents. The zeal, the energy, and the intelli- gent comprehension of their duties exhibited by the mu- nicipal committees deserve generous recognition. They furnished Baltimore and its thousands upon thousands of visitors with such a spectacle as never before was witnessed in any American city, and " if in the future the enterprise of the Monumental City should be called in question, here is a record of achievement that will be a perpetual refuta- tion of the slander." , 52. In October, 1881, the first Oriole celebration took place in Baltimore, lasting three days. On the tenth, the introduction of the permanent water supply from the Gun- powder River into the city by means of a costly tunnel was formally completed. A fountain and cascade were pre- pared at Monument Square, and the water was turned on PRINCE FREDERICK DESTROYED BY FIRE. 201 by Mayor Latrobe in the presence of an immense crowd. On the eleventh, at night, a procession of allegorical ta- bleaux on floats paraded some of the principal streets. 53. During the celebration the French and German guests to the Yorktown centennial were entertained by the city. On the night of the twelfth a ball was given in their honor at the Academy of Music, and a brilliant display of fireworks took place at Druid Hill Park. 54. The legislature met on the 4th of January, 1882. The house of delegates at this time consists of ninety-one members, the counties being represented according to their population as shown by the census of 1880, as the constitu- tion of the state requires. An act was passed providing for a new registration of voters throughout the state. 55. Provision was made for marking the boundary line between the states of Maryland and Virginia, in conform- ity with the aw r ard of the arbitrators, to whom were submit- ted the controversies which had existed for over two cen- turies. The line agreed upon by the arbitrators had been accepted by Maryland and Virginia, and confirmed by the Congress of the United States, and it only remained to erect durable monuments to fix this line. 56. An act was passed providing for the preservation, arrangement, publication, and sale of ancient documents pertaining to Maryland. The Maryland Historical Society was made the custodian of all the records, archives, and ancient documents of any date prior to the acknowledg- ment of the independence of the United States by Great Britain. Two thousand dollars were appropriated to aid in their publication, and the society is allowed to sell the publications at cost price, and add the proceeds to the pub- lication fund. 57. On the 3d of March, Prince Frederick, the county- seat of Calvert County, was almost entirely destroyed by fire. With the court-house, many valuable records, some 292 THE HISTORY OF MARYLAND. of them dating as far back as 1650, were destroyed. These papers were invaluable on account both of their legal and historical importance. The few books and papers saved were destroyed by a subsequent fire in the building in which they had been stored. 58. Enoch Pratt, Esq., a wealthy citizen of Baltimore, offered to erect, at his own expense, a building on Mulberry Street for a free circulating library, to cost $250,000, and to give to the city of Baltimore the sum of #833,333.38, provided the city would appropriate annually $50,000 for the support of "The Enoch Pratt Free Library." The offer was accepted, and the library will in due time be opened. 59. This generous gift provides for the city of Balti- more what had previously been wanting — a circulating li- brary free to all. For the convenience of readers, it is pro- posed to establish branch libraries in different sections of the city. With the Johns Hopkins University, the Pea- body and Historical Society's libraries, for students and scholars, and the Mercantile, Maryland Institute, and Enoch Pratt circulating libraries, for the reading public generally, the citizens of Baltimore have ample means of continuing the education afforded by her public and private schools. CHAPTER XXXI. 1882—1890. Population. — Fires. — Presidential Elections. — Standard Time. — Electric Light. — Earthquake Year. — Annexation of the "Belt." — Arbor Day.— Johnstown Flood. — Chesapeake and Ohio Canal. — Acts of Assembly.— Commerce of Baltimore. 1 . The decade ending with the year 1 890 is not distin- guished by any remarkable events. Population increased about fifteen per cent., the census of 1880 giving 934,632, and that of 1890 1,070,000. The increase is larger, in proportion, in the city of Baltimore and other centres of population than in the rural districts. The population of Baltimore City is reported to be 434,151, an increase of 101,833 in ten years. It is now the seventh city of the United States as regards population, coming after New York, Chicago, Philadelphia, Brooklyn, Boston and St. Louis. 2. The more general use of improved labor-saving machines in agriculture has made country life more pleas- ant, if not more profitable, than heretofore. Some large farms have been broken up into smaller holdings, and many tracts, formerly planted in corn, are now devoted to peaches, berries, tomatoes and other market vegetables. The profits of the farmers are, however, much reduced by the crops having to go through the hands of middlemen before reach- ing the consumer. It is one of the purposes of the " Far- 2<)4 THE HISTORY OF MARYLAND. mefs' Alliance" to remedy this evil. The ''Alliance " also proposes to diminish the power of self -perpetuating political workers, to select only pure and honest men for office, and to enlarge the volume of the currency to correspond with the actual wants of the people. The advent of the farmer into politics is emphasized by the passage (1889) of a bill by Congress, creating a " Department of Agriculture," the Secretary of which has a seat in the Cabinet. 3. Several serious fires have occurred in the county towns since the destruction of Prince Frederick, in Calvert County. In Crisfield (1882 and '83,) Lonaconing (1885,) Salisbury (1886) and Pocomoke City (1888.) The conse- quences, though disastrous to individuals, have been the improvement of the towns by the widening of streets and the erection of a better class of buildings, and by the intro- duction of a larger and better supply of water. In many instances, contracts for rebuilding were signed while the ashes were still smoking. 4. The Presidential election of 1884 created even more than the usual excitement. The Republican party had held possession of the powers of government since the election of Mr. Lincoln, who succeeded Mr. Buchanan in 1801. The long unbroken series was now interrupted by the elec- tion of Grover Cleveland on the Democratic ticket ; but the next election (1888) reversed the results of 1884, and seated Benjamin Harrison (Republican) in the Presidential chair. In both elections Maryland went Democratic. It is worthy of notice that the " Prohibition " candidate received at this last election nearly twice as many votes as in the preceding. The purpose of the " Prohibitionists" is to found a party which shall prevent the use of intoxicating liquors as a beverage throughout the United States, and also to prohibit or restrict the manufacture and sale of such liquors. 5. On the 1 8th of November, 1 883, " Standard Time " was adopted in Baltimore and generally throughout Mary- GOVERNOR M'LANE. 295 laud, to the great convenience of the public and especially of travelers. The difference between local time and stand- ard time is six minutes and twenty-eight seconds ; so on the 18th of November, at 6'28" before noon, the clocks were set forward to twelve o'clock. In this year, also, the streets of Baltimore were lighted by electricity for the first time. The example has been followed by nearly all the towns of the State. 6. In 1883 Robert M. McLane was elected governor, but on being appointed Minister to France he resigned March 27th, 1884, and was succeeded by Henry Lloyd of Dorchester, then President of the Senate of Maryland. 7. The two hundred and fiftieth anniversary of the landing of the ''pilgrims'' of Maryland was celebrated in Baltimore on the 25th of March, 1884. The first actual occupation of the site of the future city of St. Mary's took place two days after the landing, and this anniversary was also observed on the 27th with appropriate ceremonies. 8. On the 16th of December, 1884, the "World's Industrial and Cotton Centennial Exposition " was opened at New Orleans. The opening ceremony was performed by the President of the United States in Washington, who pressed a button which was in electrical communication with the machinery of the Exposition at New Orleans. The mineral, agricultural, manufacturing and educational resources of this State were well represented and obtained appropriate recognition. Compared with the collective exhibits of the grandest of the States, the Maryland exhibit showed a variety of natural resources and a perfection in the products of cultivation not second to any other State in the Union, California alone excepted. Maryland flour took the lead against the strongest competition from the great wheat-growing States. The most complete classified collection of ores, minerals, marble and woods at the Expo- sition came from Maryland. It included a large number 296 T1IE HISTORY OF MARYLAND. of specimens of granite unci over 200 varieties of marble, as well as iron, copper, lead and chrome ores, asbestos, lime- stone and marl. Slate from Harford County and kaolin (a line clay used in making porcelain and china) from Cecil County, were considered the finest on exhibition. In fish and oysters Maryland easily took the lead, and it is said that "the largest and best display of any one class of goods at the Exposition was the Maryland exhibit of canned goods."' [Report of the Maryland Commissioners.] A block of Cumberland coal from the George's Creek mines, four feet square at base and top and ten feet high, attracted general attention. The educational resources of the State were represented by water-color drawings of the principal school and college buildings, and by a very attractive exhibit of pupils' work. 9. The Enoch Pratt Free Public Library was formally opened on the 4th of January, 1886, with 20,000 volumes in the main building and 3,000 in each of the four branch libraries. It now contains 90,000 volumes in the main building and five branches, and affords instruction and amusement to more than 45,000 readers. 10. This year passed into history as " the earthquake year." In the United States, August 31st, the disturbance extended from the Gulf of Mexico to Canada, and from the Mississippi to the Atlantic Ocean. The city of Charleston, South Carolina, was almost wrecked ; two-thirds of the buildings were more or less damaged, and thirty-eight per- sons killed by the falling ruins. The city of Baltimore contributed $70,000 to the relief of the sufferers. 11. At the November elections in 1887 Elihu E. Jackson, of Wicomico County, was elected governor. The legislature had provided for a call for a constitutional con- vention to remedy some supposed defects in the present con- stitution, subject to the approval of the people at the polls. The call was defeated, the people apparently choosing rather ANNEXATION OF THE "BELT." 297 to hear the ills they had "than fly to others that they know not of." ■ 12 Next year (1888) a portion of Baltimore County, lvino- adjacent to Baltimore City on the north and west, was, by act of the legislature, ratified by the vote of the people, added to the territory of the city. The eastern section de- clined to he annexed. The annexation added about 25,000 to the population of Baltimore, This year also witnessed the formal opening of the Woman's College, the re-organi- zation of the Mercantile Library, and the celebration of the Centennial of the founding of Easton, Talbot County. 13 The Johns Hopkins Hospital was opened to the public on the 7th of July, 1889. All the resources of mod- ern science have been brought into action to make it the best built, the best arranged, and the best equipped institu- tion of the kind in the world. The Johns Hopkins Uni- versity receive several valuable donations this year : $100,- 000 contributed to the "emergency fund;" $100,000 from Mrs Caroline Donovan; $20,000 from Mr. Eugene Levering, to build a hall for the university members of the Young Men's Christian Association; and $20,000 as a foundation of the Turnbull School of Poetry. 14. The first •' Arbor Day " under the joint resolution of 1884 was celebrated on the 10th of April very generally throughout the State, by the planting of trees by pupils of the public schools, and by appropriate literary and musical exercises. . 15. Several citizens of Maryland lost their lives in the great "Johnstown flood," which was caused by the bursting of a dam on the Conemaugh Eiver in Pennsyl- vania, under an immense pressure of water. It is estimated that 'over 5,000 persons were killed, and property to the amount of nearly $39,000,000 was destroyed in this disaster. The rain-fall which caused the calamity— six inches in thirty-two hours— also damaged the Chesapeake and Ohio 298 TITE AUSTRALIAN ELECTION LAW. canal to such an extent that it is useless at present, and its reconstruction very doubtful. An order of court has been passed, authorizing the sale of the canal to the highest bid- der ; but the execution of the order has been delayed by an appeal from the bond-holders of 1844, who profess a desire to take possession of the canal on certain conditions, for the purpose of operating it as a water-way. 16. On the 23rd of September, the citizens of Alle- gany commenced the celebration of the first centennial of the county. The exercises, which lasted three days, were appropriate and well arranged, and excited much enthusi- asm. One of the most interesting features was a parade of school children from every section of the county, decorated with badges, Avaving miniature flags, and singing patriotic songs. 17. The most important acts of the last General As- sembly (1890) were : a revision of the oyster laws, looking to the further protection of oysters in our bay and rivers, and the passage of a modification of the Australian Election Law, which is intended to secure accurate registration of voters, perfect secrecy, and an honest count of the ballots. The first election under this law will be held on the 4th of November. The results are looked for with much interest and some apprehension. 18. The value of goods imported into Baltimore in 1889 was $15,435,375, and of goods exported $61,131,509. Compared with the preceding year, this shows an increase of about twenty-five per cent, on imports and over thirty- three per cent, on exports; but compared with 1880, it shows a decrease of over seventeen per cent, on both exports and imports. LIST OF THE COUNTIES IN MARYLAND. 299 LIST OF THE COUNTIES IN MARYLAND. Counties. Organized. Population, 1880. County Seats. 1634 1650 1650 1654 1658 1659 1660 1666 1674 1695 1669 1706 1742 1748 1773 1773 1776 1776 1789 1836 1851 1867 1872 16,934 28,526 17,605 10,538 18,548- 83,334 19,065 21,668 27,108 26,265 23,110 19,259 19,539 50,482 28,042 13,767 38,560 24,759 38,011 30,992 16,141 18,011 12,175 Leonardtown. Annapolis. Chestertown. Calvert Prince Frederick. Port Tobacco. Towsontovvn. r Talbot S Cecil Easton. Princess Anne. Elkton. Upper Marlboro. Cambridge. Centrcville. Snow Hill. Frederick City. Bel Air. Denton. Hagerstown. Rockville. Cumberland. Westminster. Ellicott City. Salisbury. Oakland. LIST OF THE LORDS PROPRIETARY OF THE PROVINCE OF MARYLAND. George Calvert Ceciliits Calvert. Lord Baron of Baltimore in the Kingdom of Ireland from 1625, and Lord Proprietary of the Province of Avalon from about the same time. He was Lord Proprietary of the Province of Maryland from about the year 1631 to April 15, 1632, when he died. " Lord Baltimore and Lord Proprietary of the Provinces of Maryland and Avalon from April 15, 1632, to November 30, 1675, when he died. 300 THE HISTORY OF MARYLAND. LIST OF THE LORDS PROPRIETARY OF THE PROVINCE OF MARYLAND.^ Gmitinued.) Charles Calvert Lord Baltimore and Lord Proprietary of the Provinces of Maryland and Avalon from November 30, 1675, to February 24, 1714, \ \ when he died. Benedict Leonard Calvert. The same from February 24, 1714, to April 5, 1715, when he died. Charles Calvert The same from April 5, 1715, to April 23, 1751, when he died. Frederick Calvert. The same from April 23, 1751, to September 14, 1771, when he died. Henry Harford (Proprietary of the Province of Maryland from September 14, 1771, to 1776, the date of the Declaration of Independence. PROVINCIAL GOVERNORS OF MARYLAND PROPRIETARY. Leonard Calvert 1634 Thomas Greene 1647 William Stone 1648 Commissioners of Parliament. .1654 Josias Fcndall 1657 Philip Calvert 1660 Charles Calvert 1662 -X'harles, Lord Baltimore 1676 Thomas Notley 1678 Charles, Lord Baltimore 1681 William Joseph, President. . . .1685 Protestant Convention 16S9 L ROYAL. Sir Lionel Copley 1692 Sir Edmond Andros, temporary. 1693 Francis Nicholson 1694 Nathaniel Blackistone 1698 Thomas Tench, Pres 1703 John Seymour 1704 Edward Lloyd, Pres 1709 John Hart 1714 PROPRIETARY. John Hart 1715 Charles Calvert 1720 Benedict Leonard Calvert 1727 Samuel Ogle 1732 Charles, Lord Baltimore 1733 Samuel Ogle 1735 Thomas Bladen 1742 Samuel Ogle 1747 Benjamin Tasker, Pres 1752 Horatio Sharpe 1753 Robert Eden 1769 GOVERNORS OF THE STATE. 301 GOVERNORS OF THE STATE. Thomas Johnson 17*7*7 Thomas Sim Lee 1779 William Paca 1782 William Smallwood 1785 John Eager Howard 1788 George Plater 1791 Thomas Sim Lee 1792 John H. Stone 1791 John Henry • ■ 1797 Benjamin Ogle 179S John Francis Mercer 1801 Robert Bowie 1803 Robert Wright 1806 Edward Lloyd 1809 Robert Bowie 1811 Levin Winder 1812 Charles Ridgely 1815 Charles Goldsborough 1818 Samuel Sprigg 1819 Samuel Stevens 1822 Joseph Kent 1825 Daniel Martin 1828 Thomas K. Carroll 1829 Daniel Martin 1830 George Howard 1831 James Thomas 1832 Thomas W. Veazey 1835 William Grason 1838 Francis Thomas 1841 Thomas G. Pratt 1844 Philip Francis Thomas 1847 E. Louis Lowe 1850 Thomas Watkins Ligon 1853 Thomas Holliday Hicks 1857 Augustus W. Bradford 1861 Thomas Swann 1865 Oden Bowie 1867 William Pinkney Whyte 1871 James Black Groome 1874 John Lee Carroll 1875 William T. Hamilton 1879 Robert M. McLane 1883 Henry Lloyd 1884 Elihu E. Jackson 1887 CHRONOLOGICAL TABLE. George Calvert born 1580 Entered All Saints College 1593 Made Bachelor of Arts 1*597 Made Master of Arts 1605 Knighted as Sir George 1617 Elected to Parliament 1620 Created Baron of Baltimore 1624 James I., King of England, died 1625 Charles I. ascended the throne of England 1625 Territory of Crescentia granted to Lord Baltimore 1630 Clayborne licensed to trade on Kent Island 1631 Charter of Maryland granted June 20, 1632 302 THE HISTORY OF MARYLAND. Lord Baltimore died April 15, 1632 Cecilius Calvert, Lord Baltimore 1632 Lord Baltimore's Colonists sail for Maryland November 22, 1633 Colonists in the Ark and the Dove arrive at Barbadoes . . .January 5, 1633 Come in Sight of Point Comfort, Virginia February 24, 1633 Land at St. Clement's Island, Maryland March 25, 1634 Colonists take Possession of Augusta Carolina March 27, 1634 First Legislature of Maryland met February 26, 1634 Clayborne dislodged from Kent Island 1637 Ingle attacks the Fort of St. Mary's February 13, 1644 Leonard Calvert, First Governor of Maryland, died June 9, 1647 Charles I. executed January 30, 1648 Indian Treaty on the Banks of the Severn 1652 Governor Fendall arrives at St. Mary's February 26, 1657 End of the Puritan Government 1660 Cecilius, Lord Baltimore died .___ November 30, 1675 Charles, Lord Baltimore 1675 Council of Deputies appointed in Maryland 1684 King Charles II. died February 6, 1684 Convention of Protestants at St. Mary's August 23, 1689 Royal Government commences in Maryland 1692 Mail Route opened in Maryland 1695 Kent Isle made Part of Talbot County 1696 State -house at Annapolis finished 1697 State-house at Annapolis burnt 1704 King William III. died 1702 Charter of Annapolis 1708 Charles, Lord Baltimore died February 24, 1714 Queen Anne died August 1, 1714 End of the Royal Government in Maryland 1715 First Newspaper 1727 Baltimore-Town erected 1729 Lord Fairfax erects a Boundary Stone October 17, 1746 Charles Carroll, of Carroll ton, born September 20, 1737 Second Regular Newspaper in Maryland 1745 Julian Calendar discontinued January 1, 1752 Gregorian Calendar adopted January 1, 1752 General Braddock marches through Maryland 1755 Charles, Lord Baltimore died 1751 Frederick, Lord Baltimore died 1771 Provincial Convention of Maryland 1774 CHRONOLOGICAL TABLE. 308 Tea-ship Peggy Steward destroyed 1774 First Constitution of Maryland 1776 Congress in Baltimore , 1776 British Fleet in the Chesapeake 1781 Congress at Annapolis 1783 Constitution of the United States ratified 1788 Fort McHenry built 1794 British Fleet blockades the Chesapeake 1813 Battle of Bladensburg August 24, 1814 Battle of North Point September 12, 1814 Bombardment of Fort McHenry September 13, 1814 Foundation of Washington's Monument 1815 Chesapeake and Ohio Canal projected 1824 Lafayette visits Baltimore 1824 Baltimore and Ohio Railroad projected 1827 Death of Major Ringgold May 8, 1846 Sesqui-Centennial of Baltimore 1880 First Oriole Celebration 1881 Legislature 1882 Boundary between Maryland and Virginia marked 1882 Prince Frederick destroyed by Fire March 3, 1882 Enoch Pratt Free Library 1882 Baltimore lighted by Electricity 1883 Centennial Commencement of Washington College 1883 Great fire at Salisbury 188G Baltimore City extension 1888 Great fire at Pocomoke City 1888 First Arbor Day in Maryland . 1888 Chesapeake and Ohio Canal destroyed 1889 Australian Ballot Law passed 1890 THE END. J-RGJl'27