A*. m$ v,opy 1 Condensed Report OF THE Public Records Commission OF M ARYLAN D FOR THE YEARS 1 9 O A- - O 5 . COMMISSION : HESTER DORSEY RICHi^>SON, President. BERNARD C STINER, SAMUEL K. DENIS- __ w&tiwv ■•& Condensed Report Public Records Commission M ARYLAN D ROR T H E YEARS 1904-05. COMMISSION i HESTER DORSE Y RICHARDSON, President. BERNARD C STINER, SAMUEL K. DENIS. NOV & l*M REPORT Public Records Commission of Maryland. To His Excellency Governor Edwin Warfield and the General Assembly of Maryland. The Commission appointed by your Excellency in pur- suance of Chapter 282, the Acts of 1904, respectfully offer the following report : The Act providing for the better security of the Public Records of Maryland, is as follows : Section 1. Be it enacted by the General Assembly of Mary- land, That the Governor shall appoint, by and with the advice and consent of the Senate, three citizens of the State, who shall constitute a public records commission, and who shall serve for two years. They shall serve without pay, save that they may receive their necessary expenses out of the fund hereby appropriated. They shall examine into the condition and completeness of the public records, and report thereon to the General Assembly with such recommenda- tions as they may deem expedient for the better custody and arrangement and preservation of the same. Sec. 2. And be it enacted, That the sum of one thousand dollars annually, or so much thereof as may be necessary, for the next two years, be appropriated for the use of said commission by the State Treasurer. Sec. 3. And be it enacted, That the words public records shall be held to mean any written or printed book, paper, map or drawing which is required by law to be preserved, filed or recorded in any office of the State, or of any county or municipality, or of any officer or employee of the State, or of any county or municipality. Sec. 4. And be it enacted, That the paper in all books of record in which are preserved manuscript entries required to be made by any officer of the State, county or munici- pality, shall be made of linen rags and new cotton clippings, well sized with animal sizing and well finished, and that the ink and typewriter ribbon used in such books of record be of a character approved by the Commissioner of the Land Office. Approved April 7, 1904. The three citizens appointed under this Act, by your Excellency, to constitute The Public Record Commission of Maryland, were Mrs. Hester Dorsey Richardson, Chairman ; Dr. Bernard C. Steiner and Mr. Samuel K. Dennis. These met for organization on the 30th of September, 1904, in the office of the Maryland Historical Society, with Mrs. Rich- ardson in the chair. Mr. Samuel K. Dennis was elected Secretary and Treasurer of the Commission. Plans for carrying out the work of investigating the con- dition of the public records of the State were discussed, and later put into practical working shape. As the bill creating the Commission decreed that the members of the same serve without pay, save their necessary expenses, it became expedient to elect as investigators a number of men to go into the field who could be paid for their services to the State from the annual appropriation. These investigators elected by the Commission were chosen for their fitness, and included Dr. Christopher Johnson, Mr. Albert Levin Richardson, Mr. John C. Hildt and Mr. Beverly TV 7 . Bond, Jr. - Dr. Johnson resigning before the investigation began, Mr. George W. McCreary was appointed in his place, and later Mr. William Kirk, Mr. Charles O. Clemson, Mr. Walter Ward Correll and Mr. Ross Miles Diggs were added to the investigators. The public records which have been examined, tabulated, and their condition noted in detail, include those in the Land Commissioner's Office at Annapolis, the Clerk's Office of the Superior Court of Baltimore, the Court of Common Pleas, important ones in the City Hall, and all the public records in the following twenty-two counties : St. Mary's, Calvert. Charles, Anne Arundel, Howard, Baltimore, Harford, Mont- gomery, Washington, Carroll, Allegheny, Garrett, Frederick, Somerset, Worcester, Wicomico, Talbot, Queen Anne's, Kent, Cecil, Caroline, Dorchester. As there was no appropriation for printing the detailed report of the investigators, which covers nearly 2,000 large pages, now in the custody of the Secretary, the chairman has found it necessary to make a synopsis of the work done, in the hope' that the Assembly will realize the importance of printing the report as a whole for its value in carrying out the recommendations of the Commission, and as a calendar of the public records of Maryland. These detailed reports will be filed in the Land Commissioner's Office for action by the Assembly. Condensed Reports. Mr. Beverly W. Bond, Jr., investigated and reported the condition in the following counties : St. Mary's County shows a credited total of 707 books in the Register of Wills and Clerk's office, with an additional 63 in the County Commissioner's office. In the fire of 1831, the records in the Register's office escaped, and wills are reported as complete and consecutive from 1658 to date ; Administration Accounts from 1674 to date. The records of the Clerk's office prior to 1831 were burned. It is reported that many Court dockets and minute books belong- ing to this office are kept in piles on the floor in a lumber room which is not fire-proof. Sixty-seven books in this office are specified for copying and re-binding. The Court House is a new brick building, with fire-proof vault, steel case for original papers, steel shelves for record books. Books examined, 770 ; defaced, 67. Harford County — The books examined in this county are, in all offices as reported, 1,102. Of these, 150 are specified for re-binding and 19 for copying. The Clerk's Office is reported as not fire proof. The Register's Office and Com- missioner's Office fire-proof. Books, 1,102 ; defaced, 169. Garrett County — Clerk's Office shows 458 books examined; all in good condition. The Register of Wills, 40 books, with 103 in the Commissioner's Office, a total of 571. Two 6 books in the Register's Office marked for copying. This building is reported as old brick, fire-proof, but damp and crowded ; steel shelves. Total, 571; defaced, 2. Allegheny County is reported as having 1,081 books in the Clerk's Office, 78 in the Register of Wills and 148 in the office of the Town Clerk, and 126 in the Commissioner's Office, a total of 1,433 ; defaced 41 ; 41 for re-binding or copying. Fire-proof, modern steel. Montgomery County shows in the Clerk's Office 1,229 books examined, 48 of which need re-copying or re-binding, and in the Register of Wills' Office 279 books, 25 of which are specified as needing attention. Twelve county towns are reported as having a combined total of 64 books, making a total of 1,738 books reported on in this county, of which 68 are specified as needing either re-binding or copying. The public buildings are reported as modern brick, with fire-proof vaults and steel shelving. Total examined by Mr. Bond, 5,614 books. Mr. John C. Hildt, Investigator, reports the following counties : Howard County — In Register of Clerk's Office, 364 books examined ; Register of Wills, 100 ; in County Commis- sioners,' 30, and in the Town Clerk's of Ellicott city, 5 — a total of 521 books. No books are specified for attention. The court house is described as fire-proof with old-fash- ioned wooden shelving. The School Commissioners' books in wooden cases ; City Council records in private house. Total of books in county, 521. Washington County shows in the Clerk's Office 756 books, of which 107 are specified as needing re-binding. In the Register of Walls' Office, 308 books examined, with 16 recommended for re-binding. The municipal record books are 33, making a total with the County Commissioners, Surveyors and School Commis- oners a total of 1,280 books reported on in the county : tal, 1,280 ; defaced, 107. Fire-proof building and vault. Frederick County reports 651 books in the Clerk's Office, and 425 in the Register of Wills' Office, with an additional 214 in the other county offices combined, showing a total of 1,296, of which 28 are specified for re-binding or copying. The Court House at Frederick is reported as brick, with no vault for records in the Clerk's Office, and many valuable records kept in a room which is not fire-proof and with wooden shelves, because of inadequate accommodation in the Clerk's room. The Register of Wills' Office has a vault for records, but many are kept in wooden cases and glass doors. Total, 1,296 ; defaced, 28. Anne Arundel County is reported as having 437 books in the Clerk's Office and 228 in the Register of Wills' Office, with 89 in the office of the Town Clerk and 44 in the County Commissioners, a total of 798, of which 7 are reported defaced. The Court House is reported as fire-proof, with vault, steel shelves and cases. The Clerk's Office has not sufficient vault room for a proper arrangement and preserva- tion of the records. Eight books are specified for copying or re-binding. Total books examined, 798 ; defaced, 8. Total examined by Mr. Hildt, 3,895 books. Mr. George W. McCreary, Investigator, office of City Librarian, reports 1,250 books examined. These are kept on wooden shelves. None recommended for copying or re-binding. Total, 1,250. Mr. Wm. Kirk, Investigator,' reports in Cecil county 1,144 books in the Clerk's Office, 436 in the Register of Wills, 33 in the School Commissioners' and 190 in the County Com- missioners'. Many records were carried away by the British in the war of 1812, and the Court House was burnt. Later some were recovered and restored as far as possible. The Court House is reported as fire-proof, with modern steel shelving. 53 books are specified for copying and 2 for re-binding. Total, 1,803 ; defaced, 55. Baltimore County Clerk's office is reported as having 1,055 books ; the Register of Wills, 185 ; County Commissioner, 149 ; a total of 1,324. None are marked for attention. The Court House is reported fire-proof and equipped with steel shelving. Total examined by Mr. Kirk, 3,127 books. Mr. Ross Miles Diggs, reports : Charles County — Having 341 books in all offices combined. Of these, 48 are reported as needing attention ; 8 volumes reported missing. Seventy volumes of ancient land records of Charles county are deposited in the Land Commissioners' office. The Court House is fire-proof, with steel shelving and cases, but not enough to accommodate the records. Total examined, 341 ; defaced, 40. Calvert County Clerk's office shows 118 books ; the Reg- ister's 25, and the County Commissioners', 37. The fire of March, 1882, destroyed the records of every kind in the Register's and Commissioners' offices ; a few modern ones were saved from the Clerk's office. All others destroyed, not a single original paper saved. In June, 1882, a fire in the Protestant Episcopal Parsonage destroyed the few records which had been deposited there after the Court House burnt. The records in Calvert, therefore, begin in 1882. Old papers are being recorded when brought in by those holding same. Brick building ; damp vault. Total examined, 180 ; total examined by Mr. Diggs, 521 books. Mr. Walter Ward Correll, Investigator, reports the Court of Common Pleas, Baltimore City, in which the books exam- ined were 142 ; defaced, 3. Fire-proof Court House. Mr. Charles O. Clemson, Investigator, reports for Carroll County — Clerk's Office, 349 books ; 157 for Register of Wills ; 58 in County Commissioners' Office ; 20 in School Commissioners' ; 32 in municipalities; 10 are specified for copying or re-binding. Total, 615 ; defaced, 10. Mr. Albert Levin Richardson, Investigator, reports the ■ Land Commissioners' Office with a total of 3,300 books, examined by Mr. and Mrs. Richardson; 230 are specified in the detailed report for immediate attention. This office is located in the New Court of Appeals Building at Annapolis, which is strictly a fire-proof building. The equipment of this most important office in the State is neither Jire-proof nor modern; old-fashion wooden shelves are packed with these precious books, so that the necessary handling is rapidly destroying their bindings. This office, which is the repository of the invaluable Colonial records, including those of the Provincial and Prerogative Courts and High Court of Chancery, as well as being the fountain and depos- itory of the primitive muniments of title to all the landed property in the State, makes the restoration and preserva- tion of the books there of vital personal interest, as well as a matter of State pride in preserving those records which constitute Maryland's Domesday Book, in which a more accurate description of the lands of the State is to be found than of the' lands in the records of any other country. The recommendation for this office are the silking, copying or re-binding of the various 230 books named in the detailed report. A complete system of steel shelving to accom- modate every book of record that is in frequent use, and closed steel cases for the thousands of original papers depos- ited there. The steam heating plant in the lower room is drying out and materially injuring the several thousand books deposited there. It is recommended that the pipes be covered with asbestos, or accommodations above stairs be increased. The Superior Court of Baltimore, as reported by Mr. Albert Levin Richardson, shows a total of 4,250 books tabulated and examined. The building is fire-proof ; equipment of office modern steel. The daily handling of the books by so many busy men leaves its impress upon them, and 246 are specified as needing new binding and 73 to be copied promptly, because much faded. The clerk of this Court should be allowed a larger discretion in expenditures on his books from the receipts in his office, thus enabling him to keep pace with the wear and tear of this office without any appropriation from the State. An enabling act for this office would render the necessary work for preservation to go on regularly as a part of the routine work of the office. In the chattel room 30 books are noted for repairs, and in the legal department 7 are marked for copying and 10 to be re-bound. It is also recommended that the old Marriage License Register Books, 12 in number, dating from 1777 to 1851, be copied. Many plats and charts of great historic value are in this office, and are being destroyed by much handling. These originals should be copied and then pre- served between silk tissue. Total in this office, 4,250 ; needing attention, 366. 10 Wicomico County shows a total of 270 in the Clerk's Office, all in good condition. 51 books in the Register of Wills, 2 for new bindings ; County Commissioners, 48 books, and School Board; 41, a total of 410. Defaced, 2. The Court House is fire-proof, steel shelving and fire-proof vault. Worcester County is reported with 402 books examined in the Clerk's Office ; 173 in the Register of Wills, a total of 575 books. Xew index needed: Schools Commissioners, County Commissioners and Municipal Records, a total of 649. Books examined, 649, defaced, 1. Building is fire- proof, steel shelves, fire-proof vault. Mr. and Mrs. Albert L. Richardson, Investigators, report Somerset County has in the Clerk's Ofiice 1,421 books, 136 in the County Commissioners, 143 in the Register of Wills' ofiice, School Commissioner, 7, Town Clerk, 5 ; a total of 1,712. In the Clerk's ofiice 13 books of very valuable land records need copying and 53 re-binding. In the Register of Wills, 11 volumes of Colonial Wills need to be transcribed and recorded consecutively. The New Court House is fire- proof, with large well lighted vaults to be filled with latest steel shelves and cases for the many original papers. During the investigation of the records they were temporarily stored in a bank, which rendered the work of investigation very laborious. The records here are not complete. Inventories prior to 1779 missing; the indexing in the office is primitive and should have a modern system of general indexing. There are no Administration Accounts from 1666 to 1685. Books examined, 1,712 ; defaced, 77. Talbot County shows an aggregate of 1,139 books exam- ined in all offices, Clerk's office having 798, Register of Wills, 356 ; County Commissioners and Treasurer, 163 ; School Commissioner, 7 ; Town Commisioner of Easton, 2 : Oxford, 9 ; St. Michaels, 3 ; Trappe, 1. There are nine breaks in the Court Judgments in the Clerk's ofiice, and three in Marriage License records. The books recommended for copying in the Clerk's ofiice are 13, and 6 to be re-bound. In the Register of Wills two breaks occur in the recorded wills ; the first from 1716 to 1722; the second from 1746 to 1777 ; Administrator Accounts prior to 1702, and Testa- mentary proceedings prior to 1692 were missing. In this office three books are specified for copving and 6 for re-bind- ing ; total 1,339; defaced, 28. 11 Queen Anne's County shows 419 books in the Clerk's office, 75 in County Commissioners, 7 in Municipal, and 234 in the Register's office ; School Board, 11; making a total of 746 ; 66 defaced ; 40 are specified for re-binding, and 26 for transcribing. The Court House is old and damp, and the vaults in every way unfitted for the preservation of the valuable records of the county. The sub-vault of the Clerk's office is dark and damp as a cellar and the original papers are stored in it without any possibility of preservation from mould and dampness and decay. The vault of the Register's office is a little better, but there are no facilities in either office for the arrangement and preservation of the records. It is strongly recommended that large airy addi- tions be built to these vaults, and modern steel shelving be required, and dust and mould proof, cases for the original papers, which are now in open pigeon holes or bins. Many breaks in the records could be supplied from these originals. Kent County has in the Clerk's office 833 books, 177 in the Register of Wills' office, 26 in School Commissioners, 47 in Town Commissioners; making an aggregate of 1,107. Of these 33 to be bound, 34 to be copied, defaced 67. Old brick Court House, Vaults brick, damp, old wooden cases and shelves, Clerk's office books being ruined with damp and crowding; total, 1,107 ; defaced, 67. Mrs. Hester Dorsey Richardson, Investigator. Dorchester Comity reports, 486 in the Clerk's office and 136 in the Register of Wills' office, 34 in School Commis- sioners, 79 in County Commissioners, a total of 755 ; of these 30 are recommended for copying, 17 for binding; total, 755 ; defaced, 47. Building, brick, fire-proof, Clerk's office steel shelves and cases, sub-vault, wooden shelves, over- crowded conditions, damp. Original papers, prior to 1800, deposited in tower in open baskets, decaying and worm- eaten. Register of Wills' vault too small, all wooden shelves ; should be fitted with steel shelves and cases, and vault enlarged to accommodate records. All in this office were burnt prior to 1832, in which year the Register's office was burnt. Caroline County shows in the Clerk's office 984 books, 136 in Register of Wills, 30 in County Commissioner, and 12 16 in the School Board; a total of 1,189 books ; 27 defaced, 17 recommend for re-binding, 10 for copying. The building is fire-proof in Clerk's office; modern steel shelves and cases, but not enough for all records. The Registers of Wills office has vault with old wooden shelves, open pigeon holes and no adequate accommodations. Recommend steel shelves and cases, modern general indexes for the Register's office. The total number of books examined by the investigators aggregated 30,621 books. Total number of books examined by Mr. and Mrs. Albert Levin Richardson were 15,456. Chairman s Investigations and Finds. Although the Act creating the Public Records Commission allowed the members of the same no recompense for their services, the Chairman; Mrs. Hester Dorsey Richardson, devoted fourteen weeks without intermission to the investi- gation of the records in the Register of Wills' offices in eight of the old Eastern Shore Counties, and in the Prerogative Court records in the Land Commissioner's office. In addi- tion to personally examining and tabulating, with detailed recommendations, 4,418 books, the Chairman spent many days among the original papers in the vaults in the hope of reporting finds among the original papers which would supply breaks in the records. She is pleased, therefore, to report in Talbot county 530 unrecorded wills, which cover the two breaks in the books from 1716 to 1772, and from 1744 to 1777. By comparing with the index at Annapolis, 130 do not appear to have been recorded there, while the entire 530 have been 4 lost to Talbot county. Recommended that these be at once recorded in suitable books and indexed ; also take pleasure in reporting a find of Adm. Accts. J. G. No. 1, 1699-1701, not included in the general index because lost to the office ; also Testamentary Pro., 1689-91, a ragged manuscript book. In Queen Anne's County the administration accounts which should begin 1707 are missing prior to 1741. A diligent search among thousands of dusty bundles of papers crowded in pigeon holes revealed 200 of these valuable accounts, in the period prior to 1741. A break in recorded inventories from 1750 to 1774 was largely covered by another find after diligent searching of about 300 original inventories of this period 13 Fully 1,000 Adm. Bonds were discovered dating from 1716 to 1774, the earliest record book of these Bonds begin- ning 1774. In Kent county, which was formed 1642, the wills are missing prior to 1669. The original papers did not supply the break ; 10 early wills were, however, found among the land records not on record in the Register's office. The break in recorded inventories from 1850 to 1864 was found after searching in the originals. The guardian bonds miss- ing in the records from 1850-1885 were found among the original papers. The finds in Kent aggregate several hun- dred records practically lost to the county because not recorded on the books, but none the less filed in the office and should have been entered on the books. The Commission urges that the breaks in the records in the counties above mentioned, which can be made good through the originals brought to light by the chairman's untiring efforts, be promptly recorded, indexed, and properly marked as books of record in the respective offices. The Public Records Commission has not been able to investigate the entire records of the State under the annual appropriation of $1,000 for two years. Those not yet examined include Prince George's County, all offices in the Baltimore Court House, excepting the offices of the Clerk of the Superior Court, and the Court of Common Pleas, the offices of the Secretary of State, Comptroller, Treasurer, the Clerk of the Court of Appeals, the entire State House, the State Library, the City Hall of Baltimore, and other munici- pal records. The preparation of a complete list of municipalities formed in Maryland to be arranged chronologically was undertaken. The list to include a brief abstract of the Act of incorpora- tion and any amendment from time to time ; also a list of offices established in the State, including counties and municipalities, from the settlement of the State until the present time including date of the establishment of the office and of its discontinuance, if it no longer exists, as well as a brief summary of the duties thereof, which will appear as an appendix to the detailed report when printed. 14 General Conditions and Recommendations. The investigation of the State Records by the Public Records Commission of Maryland, has demonstrated that we are the proud possessors of records probably unequaled in age, completeness and historical interest by those of any of the original 13 States. But the condition of hundreds of these rare old volumes, which alone are the open sesame to the past history of the makers of Maryland, demands prompt action on the part of the Assembly, for delay in the work of rescue and preservation will prove fatal in many instances. If it had not been for the timely action of the Colonial Assembly of 1704, we would be poorer by several hundred volumes of our most important State records, which were transcribed as a result of this Act. Governor Seymour, in his appeal after the burning of the State House, with the loss of many valuable records, said : " I hope this sad experience will awaken your care for time to come, and in the interim your best consideration to secure the laws and records of your country for the advantage and quiet of future generations." As a result of this, a committee was appointed to inspect the records, and the good work of their preservation began soon after, and those copied still bear on their covers the date when they were transcribed. One of the committee reported to the Colonial Assembly that "We find the records in general are not so carefully looked after as they ought to be, being made use of for seats for the clerks, and laid upon and used, instead of desks and tables to write on." About one hundred years after the first Act for the Pre- servation of the Public Records, a special Act of the General Assembly was passed at the November Session, 1807 — for the transcribing and recording certain records and papers, under which much important work of rescue was done, covering many years. Again, as we near the century mark, the General Assembly of 1904 passed an Act " providing for the better security of the Public Records," and to the Gen- eral Assembly of 1906, we respectfully submit the report of Avhat has been done in the line of inspection, and appeal to the representatives of the people to emulate those Colonial Assembly men who for the advantage and quiet of us "the future generations " saved to our use and benefit the decay- ing records. 15 This work of rescuing and preserving the records of Maryland must be a progressive work, — it cannot be done through one appropriation. Let this Assembly enable the work of preservation to begin with such books as are shown in the detailed report to be the most urgent in need of repair. Never before have the records been so generally handled, much long-needed indexing being done, which will increase the use of 'the books, and will hasten their destruction unless given immediate attention. Printing the defaced records is recommended as the means of their permanent preservation, where possible. The condensed report made from the nearly 2,000 pages of details is as nearly correct as could be in the brief time left to prepare it before the meeting of the General Assembly. Respectfully submitted by Mrs. Hester Dorse y Bichardson, Chairman Public Records Commission, Bernard C. Stiner, Samuel K. Dennis. LIBRARY OF CONGRESS II II III I Hill II II II II I II II 027 211 122 4 % LIBRARY OF CONGRESS 027 211 122 penmalife* pH8J