/f^ 
 
 ? 
 
 ^^ 
 
AMERICAN HISTORICAL ASSOCIATION. 
 
 THE RESTORATION OF THE PROPRIETARY OF MARYLAND^ AND THE 
 
 LEGISLATION AGAINST THE ROMAN CATHOLICS DURING THE 
 
 GOVERNORSHIP OF CAPT. JOHN HART (1714-1720). 
 
 BY 
 
 BERNARD C. STEINER, Ph. D., 
 
 LIBRARIAN, ENOCH PRATT FREE LIBRARY, BALTIMORE, MD. 
 
 ,Fro,n the Annnal Report of the American Historical Association for 1899, 
 Vol. I, pages 231-307.) 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 
 19 0. 
 
FEB 3 
 D. of V 
 
VIIT.— THE RESTORATION OF THE PROPRIETARY OF MARYLAND 
 AND THE LEGISLATION AGAINST THE ROMAN CATHO- 
 LICS DURING THE GOVERNORSHIP OF CAPT. 
 JOHN HART (1714-17211). 
 
 By BERNARD C. STEINER, Ph. D., 
 LIBRARIAN, ENOCH I'RATT FREE LIBRARY, BALTIMORE, MI) 
 
 229 
 

THE RESTORATION OF THE PROPRIETARY OF MARYLAND AND 
 THE LEGISLATION AGAINST THE ROMAN CATHOLICS DURING 
 THE GOVERNORSHIP OF CAPT. JOHN HART (1 714-1720). 
 
 Bv Bernard C. Steiner. 
 
 Tli(^ Ch'own of England had goveniod the province of Mary- 
 land for ovoY twenty years when B(Miediet Leonard Calvert, 
 eldest son and heir of Chai'les, the third Lord Baltimore, 
 '"publicly renoimccMl the Romish errors." Seizing- upon the 
 fact of a Protestant revolution in jVIarylaiid. which followed 
 hard upon the Protestant revolution in England, King Wil- 
 liam had deprivc^d th(^ proprietary of his political rights over 
 his palatinate. The change had undou))tedly been for the 
 benefit of the province. It is true th(^ old religious freedom 
 had been succeeded by the establishment of the Church of 
 England; l)ut justice was probably better administered, edu- 
 cation for the first time received attention, and the nepotism 
 which was the inevitable consequence of regarding- the prov- 
 ince as the proprietary's private property had passed away 
 with the change of government. The Roman Catholics chafed 
 at their deprivation from the control of government, and even 
 threatened to remove to the domains of His Most Christian 
 Majesty of France,' but the Protestants were the majority 
 and the heads of the great Protestant families formed the 
 council. 
 
 The Church of England was established by law, but its ad- 
 herents were like the squires of England — caring- more for it 
 as a national faith than as a rule of life. Scattered on their 
 plantations, there were many planters whose adherence to the 
 Church was merely nominal, and as the living-s were in the 
 presentation of the Gov(M-iniient, the character of the clergy 
 was often far from inunacuhxte. Good men there were in 
 both laity and clerg}' of the established church. Many good 
 
 'Scharf, 1,390. 
 
 231 
 
232 AMERICAN HISTORICAL ASSOCIATION. 
 
 men were found in the Quaker meetings which Fox, Christi- 
 son, and the other zealous missionaries had founded. In the 
 Eastern Shore Makemie was introducing Presbyterianism 
 into American soil. The Puritans of Providence had become 
 Quakers or Anglicans, and the "Papists" were far more 
 important from the prominence of their leaders than their 
 number, which was less than one-tenth of the population of 
 the province.^ The settlements of the 40,000 people in the 
 province were still along the rivers which empty into the 
 Chesapeake Bay. Until the Germans from Pennsylvania 
 drifted along the valleys of the Blue Ridge, after 1730, the 
 back country was unsettled. Annapolis was the only town, 
 and that had only a few hundred inhabitants. St. Marys 
 Cit}^ had died when the capital had been withdrawn. Almost 
 ever3'one was engaged in the cultivation of tobacco, and this 
 staple of the province was the common currencj^, being given 
 in payment at the rate of 1 penny per pound. In England 
 the assembly of the province was represented by Col. 
 Nathaniel Blakiston, who, having been once a governor of 
 Maryland, knew well its circumstances and possessed the full 
 confidence of the provincials. 
 
 The proprietary had an agent in Maryland to attend to his 
 private affairs and to watch that the governor and assembly 
 did not encroach upon his lands and revenues. This position 
 had been held by Charles Carroll, a prominent Roman 
 Catholic, since Col. Henry Darnall had laid it down, al)out 
 1G92. Carroll had acquired a " vast estate in this province 
 by the office he formerly occupied and his practice in the 
 law." We shall frequently come across him as the leader of 
 the Roman Catholics. 
 
 Maj. Gen. Edward Lloyd, president of the council, had held 
 the executive power in the province since the death of (to\'- 
 ernor John Seymour, on July 30, 1709. Head of a family 
 which has remained prominent in Maryland until this day, 
 he was drawing from the treasury two salaries, one as tempo- 
 rary governor and one as councilor. This, we shall see, gave 
 rise to trouble. It was seldom that a locum tenens retained 
 power for four years, as Lloyd did, l)ut probably the last effort 
 of the aged proprietary to regain control of his province 
 caused the delay. In February 17^? Charles, Lord Balti- 
 
 'Scharf, 1, 370. 
 
RESTORATION OF PROPRIETARY OB^ MARYLAND. 283 
 
 moro, petitioned ^ that the government might be restored to 
 him. Apparently the Crown was willing- at iirst to commis- 
 sion his nominee, Col. John Corbet, and a commission was 
 made out for him on June 27, 1711. Difficulties arose, how- 
 ever, for on July 21 Sir Edward Northey told the Queen that 
 she has the right to appoint a governor, until satisfied that 
 the proprietor can sufficiently secure the pi-ovince against 
 the enemy. For this or some other reason Cor])et was never 
 sent out. Meantime Benedict Leonard, the heir of the pro- 
 prietar3^ ''having for some years expressed to several his 
 inclinations to ))ecome a member of the Church of England," 
 finally "publicly renounced the Romish errors" and conmui- 
 nicated in the Church of England. ' It is usually supposed 
 that this step was taken through mercenary motives, but we 
 know too little of the circumstances to dogmatize upon the 
 matter. The argument "post hoc, ergo proter hoc" is always 
 dangerous. Ho had married, in 1098, Charlotte Fitzroy Lee, 
 daughter of the Earl of Lichfield, and had by her four sons and 
 two daughters. Their married life had not been happy, and 
 they had separated some years l)efore this date. The children 
 were sent to "Popish seminaries abroad" by the grandfather 
 and educated there at his expense. To Benedict Leonard the 
 proprietary had given an allowance of £4:50 per annum until 
 the son's change of faith, when this was withdrawn. Inune- 
 diately after his ])ecoming a member of the Anglican Church, 
 Calvert sent for his children and placed them at Protestant 
 schools in and about London. 
 
 Queen Anne, whose Protestant councilors recognized the 
 value of gaining over the nobility, granted Benedict a. pension 
 of £'300 per annum during the life of his father for the main- 
 tenance of his children, and appointed Capt. John Hart 
 "captain-general and governor in chief of Her Majesty's 
 province of Marvland." Hart's tributes to his patron and 
 friend, that he was a "person of very distinguishing judg- 
 ment" (June 1, 1715, council) and had a "gentle and sweet 
 disposition" (lower house, April 23, 1716), are the only bits 
 of description extant concerning the character of Benedict 
 Leonard Calvert. 
 
 Of Captain Hart himself we know ver}^ litth\ save what the 
 Maryland records show us. He was nephew to John Vesey, 
 
 iScharf, 1, ;i77. 2 Ibid., 379. 
 
234 AMERICAN HISTORICAL ASSOCIATION. 
 
 the Archbishop of Tuam, whoso sister Lettice had married 
 Merrick Hart, of Crobert, County Craven, Ireland. John and 
 Lettice Vesey were children of the veneral)le Thomas Vesey, 
 and thus C-aptain Hart came of a family long- devoted to the 
 service of the Episcopal C-hurch of Ireland. ArchlMshop John 
 Vesey was born at Col)rannel, C'ounty Derry, Ireland, and was 
 successively Archdeacon of Armagh and Bishop of Limerick 
 before he reached his highest dignity. He died in 1716, 
 shortly after his nephew ])ecame governoi- of Maryland. 
 Captain Hart had served for several years in Spain and Portu- 
 gal during the wars of the Spanish succession. Beyond these 
 facts his whole life, apart from the six years of his governor- 
 ship, is almost a blank. How well he bore his honors here 
 we shall see shortly. He was recommended for the governor- 
 ship by Calvert upon promising to return to him £o()<) per 
 annum out of the profits of the government. This seems a 
 large amount, but we must remember the governorship of 
 Maryland was an extremely luci'ative post. 
 
 On January 1, 171 4, Lord Bolingbroke, the secretary of 
 state, dii'(H'ted that a commission be drafted for Hart.' This 
 was speiHlily prepared,^ as were also a series of instructions 
 to guide him in the conduct of his office.'' With these in his 
 possession. Hart started from England i>i the early spring 
 and arrived in Maryland on May 2!», 171-1. The province had 
 been nearly live years without a permanent goAcrnor, and this 
 one might oidy spend part of the year in Maryland, if he 
 chose to take ad^ antage of the commission given him to reside 
 at New York during the hot season.* The tirst .year, at least 
 (and, indeed, we have no evid(Mice that Hart spent any length 
 of time out of Maryland during his administnition), the new 
 governor found sufficient to occupy him in his province. 
 
 After pu])lishing his commission and the treaty of peace 
 with Spain, Hart at once summoned the provincial assembly, 
 which met at Annapolis on June 22, 1711. It was the third 
 session of thisassembl}', which had l)een prorogued in the pre- 
 ceding November. The upper house, or the '"council in as- 
 sembly," consisted of 12 members — wealthy planters, chief 
 
 1 March 12, 17;i, the board (it trade rccommondcd that Tobias Bowles be made 
 governor. 
 
 2 Drafted January 12 and approved by order in council January 17. 
 
 :' Drafted by board of trade January 29; approved by order in council January lil. 
 ■•Apparently lie never did this. 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 285 
 
 men of the province. Ainoiio- them wcn-e Edward Lloyd, 
 Thomas Brooke, William Conr.sey, Richard Tilghman, 
 William Whittinoton, Thomas Addison, Samuel Young-, and 
 Thomas Ennalls. The Umvv house, representing the 40-shil- 
 ling- freeholders, consisted of 50 members — -4 from each of the 
 12 counties and 2 from the city of Annapolis. Rol)ert Ung'le,' 
 of Talbot County, was the speaker, and among the prominent 
 members^ were Henry Peregrine Jowles and Kenelm Chesel- 
 dyne, of St. Mary; St. Leger C'odd, of Kent; John and Thomas 
 Purnell, of Somerset; John and James Mackall, of Kent; 
 James Smallwood, of Charles; John Feudal), Solomon and 
 Charles Wright, of Queen Anne; Matthew Tilghman Ward 
 and James Lloyd, of Tall)ot, and Thomas Sprig-g, of Prince 
 George. As their clerk' tiiey chose Thomas MacNamara, a 
 lawyer, who was a connection of the CarroUs and was to be a 
 great thorn in Harfs side. 
 
 The council had no committees, the house had four — on elec- 
 tions and pi'ivileg(\s, on laws, aggrievances, accounts. The 
 conmiittees nuist ha\-e carried on their delilierations in the 
 evening. Tlie day was well tilled wHth legislative sessions, 
 for the (kdegates were always anxious to return to their homes 
 as soon as public business could l)e dispatched. The quorum* 
 was fixed each session, and was IS or 22 meml)ers and the 
 speaker. Two sessions of the lower house were held daily, 
 lasting genei-ally from 8 to 11 a. m. and from 1 to p. m. 
 The council was morehusurely, and met from i> to 11 a. ni. and 
 2 to 5 p. m.-' 
 
 These meetings were not mere nominal ones. A member who 
 did not appear at the second roll call in the morning lost his 
 allowance, and one al)sent in the aft(n-noon lost 5 shillings, 
 unless satisfactory cause was shown for the a])sence.'' 
 
 Questions of privilege come up from time to time, as at 
 the session of 1710, when we find the delegates committing a 
 
 1 July 3, 1714 (L. H.J.) , hr was unanimously chosen treasurer of the Eastern Shore. 
 - October 9, 1714, William Watts was ordered to show cause why he did not attend this 
 session. 
 »L. H.J. , June oO, 1714. Bernanl White chosen assistant clerk and sworn tc. Ueep the 
 
 .secrets of the house. 
 
 4L.H. J., April 27, 1715: May 2S, 1715. 
 
 f'L. H. J., June '24, 1714. October G, 1711, lower house, '.I a. m. to \]k in.: upper house, 10 
 a. m. to 4 p. ni.: May 18, 1715. lower hou.se. 7 to 11 a,, m. 'ind 1 to C i,. m. 
 
 GL. H. J., June '24, 1714; L. H. J., October .5, 171 1. Day's allowance lorfeited if delegate 
 "disalipears." 
 
236 AMERICAN HISTORICAL ASSOCIATION. 
 
 man ' to custody of the sergeant for failure to appear before 
 the election committee, and unseating a member^ for having 
 been "unduly elected," because the sheriff was " very partial 
 and remiss." The sheriff' is tined £5 and ordered to make ac- 
 knowledgment of his fault and thank the delegates for their 
 lenity, which he accordingly does, while the expressions used 
 by the unseated member in a petition to the governor are pro- 
 nounced " indecent, " and he is ordered to apologize. 
 
 A rather mysterious case of privilege is that of Tobias Pol- 
 lard,"' a delegate, whose petition to the council is stated by 
 that l)ody basely to affront the governor and the whole legis- 
 lature, and to tend to create jealousies and distrust between 
 the people and the governor and assembly. If the petitioner, 
 they say, were a tool in the case alleged, what must be thought 
 of representatives who are easily perverted by one single per- 
 nicious person to consent to the ruin of their country. 
 
 The day after the beginning of every session, both governor 
 and assembly proceeded to St. Anne's Church and listened to 
 a sermon delivered by Rev. Samuel Skippon, of that parish, 
 or Rev. Henry Hall, of St. James Herring Run Parish, lying 
 a few miles to the south of Annapolis.* 
 
 Each day, after beginning of the session, "'was read what 
 was done yesterday." When leave was given to bring in a 
 bill,^ it was read twice in the house where introduced and 
 then sent to the other house. There the "paper bill" was 
 also twice read, and if neither rejected nor amended was 
 returned to the house whence it came, where it received a 
 third reading and engrossing. The engrossed bill was then 
 sent to the upper house and signed, usually at the close of the 
 session, by the governor in presence of both houses. Mone}^ 
 bills, of course, were introduced in the house of delegates. 
 Relations with the Indians were peaceful, and the treaties with 
 them were easily renewed. There were few al)origines in the 
 province, and they were well inclined, though somewhat dis- 
 turbed that their emperor, Astiquas, had left them and gone 
 
 1 George Forbes, L. H. J., May 19, 1719. 
 
 2 Peter Taylor, from Dorchoi^tcr County, L. H. .T., May 19, 1719. Ho was reelected. 
 
 3 U.K. J., May 19,1719. 
 
 *U the sermon was liked, a gratuity followed, vide L. H..T.,.Iuly l,s,171G. L. H..T.,.June 
 1,1719, Skippon given 2,000 pounds of tobaeeo for great charge in n'siding at the seat of 
 government for the service of the public. 
 
 ^ Petitions to have bills brought in must be addressed to the " governor and conncil 
 and to the " house of delegates." (U. H. .7., .lune 24, 1714.) 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 237 
 
 to the northern Indians. The industrial condition of the 
 province was very bad.^ During- the "consuming war" many 
 industrious planters had suffered, and '*" the ruin of families 
 in the province has sensibly affected the fortunes of much the 
 greatest number of iidiabitants."^ Clothing was so difficult 
 to obtain that manufactures had been set up in the province."^ 
 Crops had been poor for several vears, and this summer, 
 through lack of rain, the tobacco crop was so burnt up that 
 Hart felt encouragement must be given the planters.* In his 
 opening speech to the legislature Hart expressed the hope 
 that "trade now being free and open, through conclusion of 
 the treaty of peace, there is a fair occasion of restoring the 
 province to its former flourishing condition." He pronuses 
 to assist all he can therein, but the delegates fear "the low- 
 ness of the ebb to which this province is reduced " is such 
 that, even in peace, without royal aid, Maryland will not be 
 able to recover her lost circumstances nor prevent total ruin 
 of the tobacco trade. 
 
 Hart advises the reviving of good laws and the making of 
 new ones for their prosperity, and presents some directions 
 of Queen Anne with reference to this last matter. These are 
 eight in number: 
 
 (1) That due support and observance of religion be pro- 
 vided, and all debauchery, drunkenness, swearing, and blas- 
 phemy ma}^ be discountenanced and punished. On these 
 points the house of delegates answers that the laws are suffi- 
 cient, and if any justice of the peace is not executing them 
 they hope Hart will remove him. 
 
 (2) That there be an act restraining inhumane severities by 
 ill masters or overseers toward servants or slaves; that maim- 
 ing Indians or negroes be punished with a fft penalt}", and 
 that the punishmeiit for killing Indians and negroes be made 
 death. 
 
 The house replies there is already a law concerning the 
 treatment of slaves, which the}^ will inspect and make more 
 
 1 April 29, 1715, L. H. J., lower liousu,iu answer to Hart's address speaks of "present pov- 
 erty of this province. " 
 
 ■- Hart's speeeh of June 22, 1714. 
 
 3 S. P.O., April 10,1713. 
 
 *Hart to board of trade, July 11. 1711. Board of trade later suggested that pitch tar 
 and hemp be I'ruduced in Maryland and .tjave directions therefor. (U. H. J., April 21, 
 1720.) 
 
288 AMERICAN HISTORICAL ASSOCIATION. 
 
 stringent if neccssiiry. The hitUn- part of the direction they 
 ig-nore. 
 
 (3) That stocks and public workhouses for the employment 
 of poor indigent people be provided in convenient places, and 
 that idle vagabonds be restrained from l)urdening the people. 
 
 With an air of satisfaction the house states that provision 
 has been made for such persons as are objects of charity, and 
 that vagabonds are so discountenanced by county courts that 
 there are few or none of them in Maryland. 
 
 (4) That further supplies necessary for defraying the 
 charges of goverruiient be raised; that the public arms be 
 better preserved and kept ready tixed, and that storehouses 
 be settled throughout the province for them. Accounts of 
 dis1)ursements, the Crown acknowledges, .should alwavs be 
 laid ))efore the asseml)ly. 
 
 The lower house professes that they will always raise suffi- 
 cient supplies and that, although provision has already been 
 made for the care of the pu])lic arms, they will do more if 
 necessary, being thankful for the Queen's interest in the 
 matter. 
 
 (5) That for the better administration of justice a mininuun 
 propert}^ qualification be fixed for jurors. 
 
 (6) That creditors of British bankrupts who have estates in 
 Maryland may obtain satisfaction of their claims therefrom. 
 
 The house says there are already statutes covering these 
 two points. 
 
 (T) That no act be passed lessen i ng or impairing the revenue. 
 
 The house rejoins that they would rather enlarge it, if they 
 could, being good su])jects. 
 
 (8) That no law be passed afJ'ecting the property of sul)j(\'ts 
 in Great Britain, unless it l)e provided that it shall not go 
 into effect until eighteen months after passage in time of war 
 and tw^elve months in time of peace, to give opportunity to 
 know the royal pleasure therein. 
 
 Hart began at once to serve the province, ''employing his 
 utmost eti'orts," and on the second day of the session sug- 
 gested that the Virginia law with reference to frauds in 
 tobacco might be worthy of adoption in Maryland. 
 
 The tobacco industry, which employed 100 ships and 1,600 
 seamen yearl}^, was most important,^ and it was necessary that 
 
 I Scharf 1, :W4, upper houso api>rovedol' law and sent it to lower house (U. H. J., June 27). 
 
RESTOKATION OF PUoriilETARY OK MARYLAND. 289 
 
 '■"trash" should be sepunited from the oood tobacco ;iiid that 
 the annual output of 30.000 hogsheads should preserve its 
 oood reputation. In this case, as in many others, the assem- 
 bly eventually adopted Hart's su^o-estion, but not at the ses- 
 sion when it was made. 
 
 As important as any specitie recommendation is one of 
 Hart's, at this session, that letters be sent to the agent in 
 England to get the opinion of some ^f the Queen's counsel 
 and other eminent lawyers as to what statutes are in force in 
 Maryland. The laws are dubious and uncertain, and, though 
 Maryland claims pai't in counuon law, it is denied the ))enetit 
 of some statutes, as plantations are not named th(>rein.' The 
 lower house feared that this matter would take u]) tini(>, and 
 as the season is inconvenient for a sessioji, suggest that the 
 question be postponed until next session.^ 
 
 The committee on laws on June 25 re[)orted thiit three of 
 the temporary laws would soon expire and should be reenacted 
 at this session: Those regulating the militia, the officers' fees, 
 and for relieving the inhabitants from some aggrievances in 
 the prosecution of suits at law. We note that these tempo- 
 rary acts were important ones. McMahon ' notes the "gen- 
 eral disinclination in Maryland to thi; enactment of permanent 
 laws." He rightly attributes this to the fact that "no change 
 could be made in such laws but ])y some new act of legisla- 
 tion requiring the proprietary's assent; and the assemblies 
 were always luiwilling to render themselves dependent upon 
 his will for relief from a law which might ])e found, by expe- 
 rience, to be inconvenient or oppressive." "They preferred 
 temporary laws," continues McMahon, "which would expire 
 by their own limitation and might be reenacted if found sal- 
 utary." Especially was this the case with revenue bills, as 
 the colonists could thus control the purse strings. 
 
 The militia l)ill^ produced little debate and continued the 
 previous law, providing for the enrollment of the people in 
 troops and companies under the control of a colonel appointed 
 for each county. 
 
 1 V. H.J., June 28, 29, upper house does not see how it ean leu.trlhen the session, liut 
 does not press matters (July 2). 
 
 - Ordinarily a vote to postpone until the next session was held eiiuivalent to one to lay 
 on the table or postpone indefinitely. 
 
 a P. 282. 
 
 ••Act of 1714, eh. m 
 
240 AMERICAN HISTORICAL ASSOCIATION. 
 
 The fee bill wais a constant cause of friction between the 
 proprietary and his officials on the one hand and the popular 
 representatives on the other. A chronic disease lurked in the 
 body politic which reached an acute stage when either side 
 was obstinate. At each reenactnient the house of delegates 
 tried to reduce the emoluments of the officials, and the coun- 
 cil, itself largely composed of the proprietary's officers, strove 
 to have the old bill reenacted. The houses were fairly ami- 
 cable now, but when the lower house sent up this fee bill, 
 changed to suit their views, the upper house ^ protested. 
 The new fee table would discourage men of good learning, 
 integrity, and parts from accepting some of the inferior offi- 
 ces, and would also lessen and debase the state and dignity of 
 the superior officers, who are most useful in the province 
 and ought to be handsomely supported, according to their 
 several characters, not only for the sake of their own merit 
 and capacity, but also for the honor of the Government. 
 Though they insist on the old fee table, the council state they 
 are willing to suppress and punish any officer guilty of brib- 
 ery, extortion, negligence, or any unfaithful misdemeanors, 
 according to the utmost severity of law. 
 
 To this message the house of delegates'^ retorts that, in many 
 particulars, the fees are exorbitant and tend to oppression 
 of the people, and the bill now submitted provided decently 
 for the support of judicial and ministerial officers, considering 
 the multiplicity of their business. They remind the council 
 that in 1709 the latter body had promised to join in a revi- 
 sion of the fee table, whenever a captain-general should come. 
 The counciP- refuse to recede and say the present fees are 
 in no- way exorbitant, considering the little advantage the sev- 
 eral officers have had from tobacco for many years. The 
 lower house * yielded on the last day of the session and con- 
 tinued the old law, as they were desirous to keep good corre- 
 spondence with the council and end the session with the same 
 good temper with which it opened. 
 
 In reenacting the third temporary act, there was another 
 controversy,^ in which the lower house yielded again. From 
 
 lU. H. J., .Tunc 30. 
 2L. H. .1., .Idly 1. 
 
 3U. H. J., July 1; upper house aLso objected that the penalties agaiu.st sheriffs were too 
 heavy. 
 <L. H. J., .July 3, act of 1714, eh. ."j. 
 t-Actof 1714, ch. 4. 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 241 
 
 the pveaniljle of the act as passed we learn that, because of 
 losses the provincials sustained from the closing of the conti- 
 nental markets during* the late war and the capture of their 
 tobacco carg-oes by enemies at sea, the people have become 
 '• vastl}^ indebted."" Their ''"miserable and deplorable circum- 
 stances" are ""much heightened and aggravated" by suits 
 being brought against them in the provincial court at Annap- 
 olis, though they live in the remotest parts of the province. 
 The result is truly dreadful. Many of the people "daily de- 
 sert their habitations and remove themselves to plantations 
 and colonies Avhere they are far less servicea))le to her sacred 
 Majesty and her revenue of customs of to])acco." The act 
 was designed to remedy this evil. As originally introduced in 
 the lower house, it provided that claims under £100 or 80,000 
 pounds of tobacco shall be sued for in the court of the county 
 where the de])tor resides. The counciP pointed out that by 
 this bill, if a debt be of £250 and all but £10 have been paid, 
 there is no remedy, for the provincial court takes cognizance 
 of no sum luider £20 and county courts of no debt over £100. 
 The bill was amended.' to permit such action to be heard in 
 county courts, and then seemed to be satisfactor3^ At this 
 juncture, however, the lawyers of the province step in.^ 
 Charles Carroll, the proprietary's agent, claims that this bill 
 infringes the prerogative by limiting the jurisdiction of the 
 provincial courts, limits the power delegated Hart to erect 
 courts, and opens a great gap for partiality, as it provided for 
 the trial of causes amongst the debtor's relations and friends. 
 The bill visibly attacks trade, for British merchants dealing 
 with the provincials nuist employ twelve agents to attend the 
 various county courts,* Avhose judgments are generally so 
 erroneous that their jurisdiction should rather be diminished 
 than increased. Then, too — and, I fanc}^ to Carroll and his 
 brothers this was a most important argument — the bill will 
 lessen the practice of lawyers in the provincial court and thus 
 discourage learning. 
 
 lU. H. J., June 26. 
 
 " Section 5. 
 
 3 Petition, June 29, hearing by upper house, June 30; similar act previously passed liart 
 not met with objeetion in England. 
 
 •iHart inijuired, U. H. J., June 28, whether justice is well administered in county 
 courts and whether some of them have not delayed business. The council says com- 
 plaints have come of only one or two, but they agree that for future clerks should yearly 
 send copy of "doggetts" with reason of continuance and adjournment contrary to law. 
 
 HIST !>0, VOL I IG 
 
242 AMERICAN HISTORICAL ASSOCIATION. 
 
 Philemon Lloyd, secretary of the province, added to these 
 arguments others— such as that, by the constitution of Eng- 
 land, the jurisdiction of the county court is very low because 
 men of power often sway it, and that the debts were what 
 caused people to leave the province, not the few^ 100 pounds 
 of tobacco extra from the costs in the provincial court. 
 
 As a result of this hearing, the upper house reduced the 
 maximum of the jurisdiction of the county courts to £20 or 
 5,000 pounds of tobacco. Hardly had the lower house agreed to 
 this amendment, when their clerk, MacNamara, petitioned the 
 council that a clause about attorneys' fees be added to the bill. 
 The house of delegates sent up the bill engrossed without this 
 clause, which the council recommended. That body stated 
 that the merchants of England may justly complain that for 
 want of due encouragement given attorneys they can not get lit 
 persons to prosecute actions.' Finally, a conference commit- 
 tee w\as appointed and both houses agreed to its report, which 
 was that when the total debt sued for or the l)alance recov- 
 ered in the county court be over £10 sterling or 2,000 pounds 
 of tobacco, the attorney should have 200 pounds of tobacco 
 as fee. If a lawyer refuse to take a suit for this fee or ask 
 more, he is to be lined 500 pounds of tobacco and be suspended 
 from practice for a year.^ This bill was found to be of such 
 utility that it was successively reenacted down to the Revolu- 
 tion. In the discussion over this bill we lirst meet Carroll 
 and MacNamara. In the light of future events, it seems 
 strange to find the latter an official of one house and cham- 
 pioned in his cause by the other. Carroll and Hart were 
 already showing their opposition to each other. Early in 
 the session^ Carroll suggested retaliation, in the return for 
 some unjust charges said to be laid by Virginia on Maryland 
 tobacco. Hart replied that ''if Virginia does wrong, it is 
 no rule for us to walk by."* A week later Carroll was sum- 
 moned before the council to state why a law should not be 
 passed releasing Peter Sewell, who had lain three years in 
 Calvert County jail for a debt of £80 to London merchants, 
 clients of Carroll. We know not what Carroll said, but may 
 judge that it was not very satisfactory, from the fact that, as 
 
 lU. H. J., July 1, 2. Some little friction here. House of delegates desires to avoid 
 messages, which delay the session. Mac'namara could not attend hearing against bill 
 becau.se of his duties as clerk. 
 
 2 Not in bills as printed by Bacon. 
 
 3U,H.J.,June25,July 3. 4u.H.J.,July 1. 
 
RESTOKATION OF I'Kol'KIETARY OK MARYLAND. 243 
 
 .soon as ho loft the rooiu, it was unaiiiinously resolved and 
 niado a standing- rule that when a piu'son is called by the 
 council to give them satisfaction, such person shall only 
 answer directly to the questions proposed without ottering 
 an3'thing further. The fact was that Carroll led the Roman 
 Catholics, and l)ecause of that fact could not be at peace with 
 Hart, the head of the Protestants. The lower house showed 
 its fondness for Hart at this session by passing without demur 
 a bill granting him 3 pence per hogshead of tobacco exported* 
 so long as he should continue governor. There was no gov- 
 ernor's house, and this was to compensate him for being- forced 
 to rent a dwelling. Hart's salary came from one-half of the 
 2-shilling- duty on each hogshead. Further remuneration his 
 instructions for))ade him to receive from the province. It will 
 1)0 noted that the tierce struggles of contemporary Massa- 
 chusetts over the governor's salary are unknown here. 
 
 Hart made inquiry with reference to another part of the 
 2 shillings,- the 3 pence appropriated for arms and annnuni- 
 tion. This was a dilferent tax from the 3 pence for public 
 charges, which was appropriated by an especial ))ill. Lower 
 house also made inquiry as to the expenditure of the ammu- 
 nition tax and,-' stating that they believe a considerable sum 
 is due the pul)lic thereon, asked that it be spent in building 
 storehouses. They make arrangements at once to have one 
 l)uilt of wood on the public grounds at Annapolis.* Hart 
 was alread}^ planning a nuich more substantial structure, and 
 induced the delegates to postpone the work. Meanwhile the 
 arms should be hung up in the county court-houses. 
 
 Just before the end of each session of the assembly the 
 committee of aggrievances'' was accustomed to make its report. 
 This year it referred to two inveterate abuses — one, that sev- 
 eral places of profit- were in the hands of one person, which 
 was bad for public business and a discouragement for qualified 
 persons; and a second, that the places of profit and especially 
 
 1 U.K. J., June 24/25,30. Hart expresses thanks. Council provided that it be sterling 
 money; for if it were not, only traders would gain, Marylanders paying them in sterling, 
 not ready money. Lower house (J., July 2) did not consider building a governor's house 
 this session because of lack of time. 
 
 •i\J. H. J., June 28; U. H. J., October 7. Hart had accoimts ready to lay before lower 
 house. Act of 1714, chapter 1. 
 
 3L.H.J.,July2. 
 
 ■t Dimensions 25 by 10, and 10 feet j>itch, planed within and without, and shingled. 
 Capt. Thomas Dowra built it. 
 
 s L. H. J., July 3. On this day the assembly was pmrogued. 
 
244 AMERICAN HISTORICAL ASSOCIATION. 
 
 sheriffs' offices are sold to the highest bidder, and therefore 
 the inhabitants are aggrieved and oppressed, through the com- 
 niissioning of persons incapable and of too mean capacities 
 and estates. There had been an attempt to remedy this 
 grievance in 1709, but it still remained. Sheriffs were always 
 viewed with suspicion by the popular delegates. Though 
 their term is for three years, by clandestine, secret, under- 
 stood practices they continue in power many years. ^ They 
 give too slender security for executing their duty, though 
 they are in a manner county treasurers, on whose credit and 
 good demeanor depend the credit and interest of all those 
 who act in public stations. 
 
 Religious matters as w^ell as secular demanded Hart's atten- 
 tion. Ho called together the clergy of Maryland in the 
 month of June and propounded to them queries as to the 
 state of affairs. Twenty clergymen '^ were present and told 
 him that God is duly served throughout this province on 
 Sunday according to the Book of Common Prayer, in every 
 parish where there is an incuoibent, and on holidays also in 
 many parishes. The conmumion is duly administered, the 
 churches are sufficient in number, though some should be put 
 in better order. Most parishes give the clergymen^ but a 
 bare competency. Glebes are totally lacking in some par- 
 ishes, while in others they are very poor. Most parishes 
 have been furnished with parochial libraries through the 
 energy of Rev. Thomas Bray, the former commissary; but 
 some have never received a librar}^ which is unfortunate. 
 Every minister is principal vestryman in his parish, and all 
 acknowledge the jurisdiction of the Bishop of London. The 
 remote clergy ask that a councilor be deputed to inspect 
 them. We are told that in the whole province none admin 
 ister the sacred office without being regularly ordained. In 
 every church there is a table of the prohibited degrees of 
 marriages, and the provincial law against incest is severe. 
 The clergy discountenance all immorality, but complain that 
 the penalty against fornication is too light and that a law is 
 needed against the "damnable sin of polygamy." 
 
 'Anne Arundel County had an especially objectionable sheriff. So had Cecil in 1720. 
 
 2 U. H. J., June 26. Hawks's Eecles. Contribs., II, 137 and ff. 
 
 3 A pleasant light is cast on the clergy by a vote of the assembly on October 8, 1714. 
 Gabriel d'Emiliane, rector of Christ Church in Calvert County, went to England, and the 
 other clergy promised to officiate for him, that his family might receive his salary. He 
 was shipvvreclied and died, and the assembly voted his widow his salary. 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 245 
 
 The Church of England had been established in Maryland 
 in 1692, as soon as the Crown Government began, and was 
 then supported under the -law of 1704, providing- for an an- 
 nual tax of 40 pounds of tobacco for each taxable person. 
 ''Many worthy" persons were among the clergy, Init Hart 
 was forced to write to the Bishop of London^ that ''there are 
 some whose education and profession are a scandal to their 
 profession," and to express amazement that "such illiterate 
 men came to be in holy orders." From the inefficient char- 
 acter of the Anglican clergy many proselytes were made by 
 the flesuits. This l^ecame so grave a difficulty that Hart 
 meditated using his authority to constrain the Jesuits "from 
 entering the houses of dying persons."'^ It was a clilficult 
 matter to get rid of the worthless clei'gymen. So incon- 
 clusive were the proceedings in one'' instance that Hawks 
 speaks of the esta])lishment "as so profligate in some of its 
 members that even the laity sought to purifv it, and yet so 
 weak is its discipline that neither clergy nor laity could purge 
 it of offenders." Both the clergy and the governor asked for 
 a bishop, but in vain.* In Maryland, as there was an estab- 
 lishment, the Society for the Propagation of the Gospel had 
 no missionaries, and so there was alisolutely no control of the 
 incuml)ents. A commissary, or representative of the Bishop 
 of London, could only "warn and rebuive," and so his influ- 
 ence was small. ^ Yet it seemed better to revive this office 
 than to do nothing, and so in 1716, in answer to Maryland's 
 request, two commissaries were appointed," Rev. Christopher 
 Wilkinson for the Eastern Shore and Rev. Jacob Henderson 
 for the Western Shore.'' 
 
 During the summer of 1714 Queen Anne died; but before 
 the arrival of the dispatches, sent over in two special vessels, 
 announcing the accession of King George, Hart had a second 
 time called together the assembly. 
 
 An important matter is broached by Hart in his opening- 
 speech,^ on October 5. Commands have been received from 
 
 1 Hawks, II, p. 139. * Ibid., 11, p. 1412. 
 
 2Ibid.,II, p. 140. J'Grambrall's Ch Life in Col. Md., i).79. 
 
 »Thatof William Tibb.s, U. H. J,, May 4, 171.5. « Vide Hart's address, U. H. J., April '28, 
 
 ■Hawks, II, p. 150. 1716. 
 
 8 He gives another good piece of advice, that " moderate proceeding in debate will best 
 facilitate business," and " if you dLssent, please express yourselves so as to evidence clear- 
 ness of judgment and not a warmth of resentment." Modern legislators might take 
 this thought to heart to their advantage. 
 
246 AMERICAN HISTORICAL ASSOCIATION. 
 
 England to have the body of laws revised. Hart says this 
 should be done as inexpensively as pos.sible. The house of 
 delegates respond they will try to perform this and all other 
 duties to God, and that they would "take care to acquit 
 themselves as dutifid and loyal sul)jects to our sovereign and 
 a grateful people to your excellency and faithful servants to 
 our country." These aims were faithfully pursued by the 
 assemblies while Hart was governor. A conference com- 
 mittee was appointed in the matter of revision,^ but just as 
 they ])egan their work unofficial news came from Philadelphia 
 that Queen Anne had died. This, of course, put an end to 
 the session, the only act passed being one for laying the public 
 levy.' The crop had failed again, and on Hart's suggestion 
 the house of delegates agree to his issuing a proclamation pro- 
 hibiting the exportation of Indian corn from Novem])er 10 to 
 March 10. The council rejected the further suggestion of 
 the delegates that no execution issue for a year.* The dele- 
 gates said the tobacco crop was very short, and it would be a 
 hardship to the people to go to jail because of that. The 
 council was desirous of helping the "honest and well-meaning- 
 sort of people," but think this* repugnant to the laws of 
 England and Maryland. On October 1) Hart prorogued " the 
 assembly and then took "a long and expensive journey," 
 possibly to Philadeli)hia, to assure himself of Anne's death. 
 On October 27 he called his council together. He had no 
 official news as j^et, but London papers he had procured gave 
 such definite information that, without delay, at noon on 
 October 28, Prince George of Brunswick Lunenburg was 
 proclaimed King at the statehouse. The militia made a 
 handsome appearance; the governor and council took oaths 
 to the new King; Hart gave a "generous and splendid enter- 
 tainment," and orders were sent to each county to have the 
 King proclaimed there." 
 
 'L. H. J., Octobers. 
 
 = Hart recommended Blakiston's salary of £100 be included therein, and says the prov- 
 ince offered £120, but Blakiston took the smaller sum. 
 
 3L. H. J., October 8; U. H.J. .October 9. There might be sufferiujf if the winter was 
 severe. 
 
 4U. H. J., Junes, 1715. 
 
 s For a month, but unless notified the members need not expect a session. Official 
 notice did not arrive imtil October 29. Council decided then that nothing further as to 
 proclamation was needed. Further official notice on April 13, 1715. 
 
 6U. H. J., June 13, 1715. Hart celebrated George's birthday also. Coun. Proc. 
 
HESTORATION OF PROPRIETARY OF MARYLAND. 24*7 
 
 When the official notice came the council ordered the liturgy 
 to 1)0 changed, and November 25 to be observed as a thanks- 
 giving day, wherein all should abstain from bodily labor and 
 repair to the parish churches, where the clergymen shall read 
 service and preach suitable sermons. We nuist ha\'e no Ja- 
 col)itism here in our province of Maryland. 
 
 On Jaiuiarv 18, lT|g, summons were issued for a new 
 assembly, and the embargo was taken off th(^ (exportation of 
 Indian corn, since the winter had been mild and favorabh^ and 
 there was no more danger of a scarcity. Therc^. was danger, 
 however, that Hart might not meet the assembly he had sum- 
 moned. On January 2!), 17||, Lord Stanhope, secretary of 
 state, directed the l)oai'd of trade to prepare a commission 
 for Brigadier Richard Franks as governor of Mar3daiid. This 
 aroused Benedict Leonard Calvert at once, and on Februar}' 2 
 he petitioned the King to continue Hart, or if he ol)jected to 
 him, to appoint Calvert himself.' The King granted this 
 petition at once, and two days later Stanhope directed the 
 board of trade to renew Hart's commission. 
 
 On the 2()th of the same month Charles Calvert, third Lord 
 Baltimore, died, aged 85 years. The pretext for the suspen- 
 sion of proprietary government in the province having died 
 with the Roman Catholic proprietary, a restoration was now 
 confidently looked for; but l)efore it came Benedict Leonard 
 died, on April 5, 1715. His son Charles,^ then about IG years 
 of age, became tho fourth proprietary and fifth Lord Balti- 
 more, and his guardian, Francis, Lord Guilford, at once peti- 
 tioned for a restoration of the government. This was granted 
 "to give encouragement to the educating of the mmierous 
 issue of so no))le a family in the Protestant religion,"" and a 
 new commission was issued to Hart, bearing date May 30, 
 1715. Lord Guilford was a man of Jacobite bearings, and, 
 though he is said to have corresponded rarely with that party 
 after 1711, he was arrested for complicity in the Atterbury 
 plot. He then retired to Paris, joined the Roman Catholic 
 Church in 1728, and died in 1731. Such an influence as his 
 over the young proprietary must have given rise to some 
 apprehensions among the more extreme Hanoverians and 
 Protestants in Maryland. 
 
 I Scharf, 1, p. 379. 2 Ibid., p. 380. 
 
248 AMERICAN HISTORICAL ASSOCIATION. 
 
 Meantime, the assembl}^ of 1715 had met on April 26, com- 
 pleted its task, and adjourned on June 2. Durino- this session, 
 lasting little over a month, forty-nine laws were passed, cov^- 
 ering the most important concerns of the province. McMa- 
 hon's encomium on this session, the last ever held in Maryland 
 under the royal g-overnment, is well deserv^ed. He writes in 
 1830^ that '"the assembly of 1715 is as conspicuous in our 
 statute book, even at this day, as the 'blessed Parliament' in 
 that of England. A body of permanent laws was then 
 adopted, which, for their comprehensiveness and arrangement, 
 are almost entitled to the name of 'code.' They formed the 
 substratum of the statute law of the province, even down to 
 the Revolution; and the subsequent legislation of the colony 
 effected no very material alterations in the system of general 
 law then established. Several of the important statutes of 
 that session are in force to-day." Such an achievement as 
 this sheds splendid luster on Hart's administration, and he is 
 entitled to a fair share of the praise. 
 
 This was a new assembly, and so, after the council had 
 taken the oaths and the delegates had chosen as their speaker 
 Robert Ungle, of Talbot County, both houses assembled in 
 the council chamber and the governor approved of the 
 speaker. The latter then, in due form, "disabled himself to 
 undergo so weighty a charge." Hart, of course, refused to 
 accept his declination of the office. Sometimes the speaker 
 a second time,^ "decently and submissively addressing him- 
 self to his excellency, offered several reasons disabling him- 
 self * * * and made humble suit to be discharged." In 
 this case, too. Hart would "nowaysadmitof" the declination, 
 being well satisfied " of the speaker's skill and knowledge. " 
 
 The next act in the drama follows English precedent, as do 
 they all. The speaker asks that the delegates may have 
 "freedom of speech, as of right and custom they have used, 
 and all their ancient and just privileges and liberties allowed 
 them, and that in anything he shall deliver iu the name of the 
 lower house, if he shall commit any error no fault may be 
 imputed to the lower house, but that he mav resort to them 
 again for declaration of their true intent, and that his error 
 may be pardoned 'and that as often as necessity' for the 
 public good shall require it, he may, by the discretion of the 
 
 » History of Maryland, p. 282. "E. g., April 23, 1716. 
 
EESTORATiON OF rROriilETAKY OF MARYLAND. 249 
 
 lower house, have access to his excellency." When this v^as 
 o-ranted the asseinbl}" listen to the governor's speech.^ 
 
 On this occasion Hart begins l)y referring to the new nion- 
 arch\s "" lenity and consummate judgment" sis of happy omen 
 for his subjects.'^ The Protestant religion is safe bcn-ause of 
 George's "noble disposition, generous courage, and numerous 
 offspring." So a ''continued series of happiness'' may be 
 expected. It now l)ehooves the assembly to revise the laws'* 
 and do it diligently, as long and frequent sessions are a griev- 
 ous burden to the people. He kindly warns them not to 
 expect too much, since "few things attain perfection at the 
 first setting forth," and this ""province is but in its infancy." 
 
 He m'cdves two special recommendations that they should 
 enact laws to promote "industry in your trafficks" and "use- 
 ful learning, ))ut these also are here in their tender age, so 
 they nmst be nourished with time, care, and patience." 
 
 In trade he recommends that they try to reform abuses in 
 the revenue from tol)acco, l)ut need not trouble themselves to 
 pass an act encouraging the tobacco trade, as there is an Eng- 
 lish law thereon. Indeed, though the "inhabitants of the 
 province with commendable industry cultivate to])acco, there 
 are "spacious tracts of this fertile soil, especially on the 
 Eastern Shore, not fitted for tobacco. There good hemp can 
 be grown, and Maryland might "supply Great Britain with 
 cordage forever."* 
 
 Few send their children to sea, and the result is that there 
 is a want of seamen, which is a "mighty obstacle of trade." 
 Hart advises that if a "certain number of the youth main- 
 tained by the several counties be yearly apprenticed as sailors, 
 in a few years there would be a provincial navy." 
 
 The education of youth ever la}^ close to Hart's thought, 
 and he is grieved that "many 3'oung men of admirable natu- 
 ral parts grow up without the least improvement of art." It 
 is now "more than time to repair that neglect that is shown 
 
 1 Mcnamara clerk again. 
 
 2 He calls him "one of the greatest as well as one of the best iif kings that ever yet 
 swayed the British scepter." 
 
 3U. H. J., April 29, 1715. Hart sent clown Anne's instructions to lower house May 7 
 (L. H. J.) Committee on laws resolve to send a " complete liody " home May 9. Hart 
 sends lower house message to hasten; they have done little in fifteen days. Hart's 
 instructions concerning the passage of laws are given in U. H. J., May 15. They were 
 often disregarded in the laws passed at this session. 
 
 ■• A hemp law was introduced by delegates, but council rejected it as it put composition 
 for money too high (U. H. .1., May '20). 
 
250 AMEEICAN HISTORICAL ASSOCIATIOlsr. 
 
 to learning- here," and it lies at the assembly's door "to la}* a 
 foundation for suthcient schools that your sons may increase 
 in knowledge as well as in wealth and honor/' If this l)e 
 done "you will have blessings of the poor in this life, and 
 posterity will praise you as ))enef actors." Alas! this ])less- 
 cdness was lost. 
 
 The year before ^ the chn-gy reported that tiie case of 
 schools is very bad, g^ood schoolmasters are very uuich want- 
 ing-, and those professing- to teach were very insufficient and 
 rarely had the certificate from the Bishop of London as 
 required by law.'^ At the a))ortive session preceding- this one 
 Hart had complained that it was "deplorable" that there was 
 "no better provision for the education" of the numerous 
 youth, there being- but " slender support foi- one school on the 
 Western Shore and none on the; Eastern Shore of this so wide 
 a bay."'* 
 
 At this session the rector and governors and visitors of the 
 free schools came to the assembly with a petition.* They 
 complain that the funds for free schools are "so insufficient to 
 answer the pious design of having- a free school in each coiuity 
 that they can keep up only one such school — King- Willianrs 
 School, in Annapolis — and this with difficulty.'" They also 
 ask that their (juorum'* l>e reduced, since they live so far from 
 each other, and that their title be confirmed in a piece of prop- 
 erty in Annapolis.'"' The two latter requests are attended to, 
 but their urgency to obtain more funds is ignored. 
 
 The libraries, which Rev. Thomas Bray estal)lislicd in sev- 
 eral parishes, were for reference; that at the capital, the great 
 Provincial Library of 1,100 volumes, the remnants of which 
 collection are in St. John's College Library to-day, was for 
 circulation. The books were taken out, and, alas, not always 
 brought back, so that when Hart had an inventory made 
 several were missing, and the assembly resolved that the 
 sherifi's publish notices commanding persons having books 
 
 1 U. H. J., June 26, 1714. 
 
 2 On May 3, 1715. Hart tells council ho will insist on schoolmasters taking oaths and 
 showing certificates of good capacity before he will give them licenses to teach and will 
 obtain lists of schools and school teachers from the county courts. 
 
 ■■>V. H. J., Oct. 5, 1714. 
 
 ^U. H. J., May 13, 1715. 
 
 6 Act of 1715, ch. 4. 
 
 "July Ci, 1097, Anthony Workman gave £150 sterling for a house on a lot which Governor 
 Nicholson gave to King William's Scliool on condition he might use the house for life 
 and then leave it to the school. The " Kentish Ordinary " was kept there. Workman 
 was dead. His heirs refused to surrender it. 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 251 
 
 belonging- to "the Public Library'' to bring them to Rev. Mr. 
 Sldppon, who, as rector of St. Ann's parish, Annapolis, was 
 ex -officio librarian. 
 
 In the preparation of the laws of this scission th(»re was 
 engaged one of the tirst famous American lawj'ers, Andrew 
 Hamilton, who achieved most of his fame while practicing 
 his profession at Philadelphia. He was at this time a resident 
 of Kent County, and had thence ))een elected to this assem- 
 bly. He was absent from th(> opening of the session' on 
 account of being in attendance as counsel at the supreme 
 court in Pennsylvania. He appeared on May 4, after the 
 sergeant-at-arms had ])een sent for him, and was at once 
 added to the committee on laws. How nuich of the excel- 
 lence of the session's work may be attributal)le to his efforts 
 we know not. It is interesting to know that his greatest fame 
 probably came to him from an acquaintance he made in Mary- 
 land. John Peter Zenger, a young printer, came from New 
 York, at the conclusion of his apprenticeship, to try his for- 
 tune in Kent County. In 1720 he petitioned, with apparent 
 success, for leave to print a "])ody" of the session laws for 
 each county, and he was naturalizcMl by the assembly in the 
 same year. '^ He w^ent l)ack to New York and, when accused 
 of libel some tifteen years later, S(Mit for the lawyer, whom 
 he had doubtless known in Maryland, to act as his counsel. 
 How brilliantly Hamilton hlled that position is known by all. 
 
 The tirst act'^ passed was one for the recognition of George 
 I as King. The assembly represented the Protestant party, 
 and so this was easily passed and was loyal in tone.* Indeed, 
 in their answer to Hart's opening speech, they thanked him 
 for his most expeditious "proclamation of the King," and 
 for "his extraordinary zeal and diligence for His Majesty's 
 
 service."'' 
 
 At this time there were intimations of lurking Jacobitism, 
 and "secret insinuations" were uttered that George's seat was 
 in danger. 
 
 iL H.J.,May 2,4, 1715. Fined 45/, costs for absence. Men who went home without 
 permission were' also fin^'d. (L.H. J.,.Tuly 28, 1716, and May 8, 1718.) The delegates, 
 however, were privileged from arrest for twenty days after adjournment of the assem- 
 bly. (L.H. J., May 3,1718.) 
 
 2 Act of 1720, ch. 18. 
 
 3 Act of 1715, eh. 1. 
 
 •i At Hart's suggestion. Introdncdl in council probably as the more dignified liody. 
 L. H. J., May 4, passed both houses day of introduction. 
 '■> L. H. J., April 29, 1715. June o, 171.5. 
 
252 AMERICAN HISTORICAL ASSOCIATION. 
 
 The address to Hart, adopted at the close of the session ^ 
 l)reathes a loyal spirit and also pays a high tribute to Hart's 
 character. He had been with them nearly a year, and they 
 found him ''affable, kind in conyersation," ''prudent in the 
 management of public affVirs,'' "careful to consult the ease 
 and benefit of the people," and "scrupulous to maintain the 
 prerogatiye and just rights of the Crown." These were no 
 feigned words. John Hart was one of the best colonial goy- 
 ernor.s. 
 
 Besides the recognition act, the one legalizing proceedings 
 taken in Queen Anne's name after her death, '^ and one repealuit>- 
 all laws which had been reyised at this session, '* there were 
 forty-six chapters in the act of 1715. Of the one relating to 
 education we haye already spoken. The (>stablishm(Mit of relig- 
 ion was not changed, l)ut proyision* was made when there is no 
 incumbent in a parish the poll tax should ])e used for repair- 
 ing, completing, furnishing, or eyen building a church, and if 
 not needed therefor to ])e applied to the purchase and stock- 
 ing of a glel)e for the use of the minister. This we see is 
 eyidently a result of the meeting of the clergy in 1714, and 
 we shall note other instances where an act recommended to one 
 session is passed at a future one. Eyidently the legislators of 
 the proyince Avere not to be hurried in their deliberations. 
 
 Another act ''"for the better security of His ]\Iajesty * * * 
 and for extinguishing all hopes of the friends" of the "pre- 
 tended Prince of Wales,'' proyided a form of an oath of abjura- 
 tion to betaken by all pul>licofiicers, and especially by yestry- 
 men, in lieu of the former oaths. The Protestant party is 
 beginning to cut off' Romanists from the privileges they had 
 enjoyed. 
 
 The only other religious matter •* which engaged the atten- 
 tion of the assembly was a petition of the Quakers to the 
 council stating that the "Yearly meetings " at West Riyer and 
 Tred Hayen, which they had held for about forty years for 
 
 iL.H., J. Junes, 1715. 
 2Act of 1715, ch.8. 
 
 3 Act of 1715, ch. 49. Most of these are revised laws. Act of 1719, ch. 16, specifies what 
 laws were now repealed. 
 
 4 Act of 1715, ch. 24, repeals 1704-12. Taxables were male persons, except Anglican 
 clergymen and paupers and female slaves above 16 years of age. Slaves past labor might 
 be so adjudged by the county corrt and then ceased to be taxables. Act of 1715, ch.45, 
 sec. 5. 
 
 ' Act of 1715, ch. 30, repeals 1704-11. 
 «LI.H.J., May 10, 1715. 
 
RESTOKATION OF rKOrRIETAUY OK MARYLAND. 253 
 
 the worship of Ahniiihty God, hiicl hccii disturbed by the sale 
 of liquor near by. From this "arise drunkenness, tighting-, 
 hoopino-, hoUowinu-, swearino-, cursino-, wrestlino-, horse rac- 
 ino-, and abundance of wickedness and immoralities.'" This 
 nuist be stopped at once, and henceforth let no liquor be sold, 
 save at licensed ordinaries, nor any sports be carried on within 
 2 miles of either meetino- hous(>. Let the sh(M-it!s see that 
 order is preserved. Sheriifs were always disliked and the 
 committee of agg-rievanees state that sheriffs take advantage 
 of the law which decre(\s the date when money shall l)e paid 
 them, but not when they shall pay it out again to the pulilie 
 creditors. In some cases they will not ptiy it out without 
 reward.' This is scandalous, and when the committee of laws 
 examine into it they tind not only this but other ill practices 
 need to be guarded against, and so a comprehensive act is 
 passed ' ' for the direction of sheriffs in their offices. " ~ Annual 
 appointment by justices of the peace is provided foi' the con- 
 stables and the other executive officers of the law, and the 
 duties of their office are detinod,'' It would seem that sheriff's 
 were not the only pul)lic otticcrs who had abused their posi- 
 tions. Early in the session* Hart calls the attention of the 
 council to '"embezzlement" of records, which had taken place 
 in several counties, and recommends that a law l)e passed 
 against it. The assembly replied with a provision^ that con- 
 viction of *' embezzling, impairing, razing, or altering" 
 any record, whereby a freehold should be defeated or injured, 
 should involve the terrible punishment of forfeiture of all 
 property, standing in the pillory for two hours, and loss of 
 both ears. 
 
 The election of future assemblies took a considerable ])art 
 of the attention of this one, and the act now passed'' was the 
 basis of Maryland's electoral system for nearly a century. It 
 changed little the previous system of one poll for each county, 
 conducted by the sheriff' in English fashion, and continued 
 the limitation of suffrage to 40-shilling freeholders,^ but it 
 
 iL. H. J., May 4, 1715. 
 
 2 Act of 1715, ch.4(>, repealing previous laws, 1701-57, 1709-(j, 1713-1. 
 
 ^ Act of 1715, ch.l5. 
 
 ^ U.K. J., May 1,171.5. 
 
 s Act of 1715, ch. 11. 
 
 "Act of 1715, ch. 42, reenacted after the restoration of tlie proprietary act of 1711!. 
 (Steiner Citizensliip and Suffrage in Maryland, p. 2.5-.) 
 
 " It provided that only re-iident freeholders could vote, and not all persons having a 
 visible estate in the county. (L. H., .huuiary 12; U. II. .1., May 23, 1715.) 
 
254 AMERICAN HISTORICAL ASSOCIATION. 
 
 added a clause imposing- a penalty on a qualified voter who 
 did not exercise his franchise. This compulsory voting- law 
 was a suggestion of the upper house. 
 
 An attempt was made to limit the number of members to two 
 for each county and one for Annapolis.^ This was partly 
 through econom}^, to reduce the charge of the assembly. 
 Each councillor received 110 pounds of tobacco per diom, and 
 each delegate 100 pounds of tobacco and itinerary charges' 
 besides. At first the delegates seemed favoralily inclined to 
 the lesser number, ])ut the lower house finally rejected the 
 plan, and passed the bill with the old number of delegates 
 retained. It is possible the delegates feared a smaller body 
 might be more pliable to outside interest, and so refused 
 any compromise^ in the matter. The militia law was re- 
 enacted, and in connection with it we find a proposition 
 from Hart to fine those who refuse to accept commissions 
 and are absent from training. The delegates agree to fine 
 a))sent officers but say there is no use to tine those refusing 
 to accept commissions, since so few do so.* 
 
 Evidently military titles were popular at that early day. 
 The danger of war was by no means an imaginary one, and 
 great care was taken that the public arms '' be not embezzled 
 by their custodians. The colonels of militia, the chief mili- 
 tary officers in each county, were ordered to report the con- 
 dition of the arms'" since 1700, and Hart now broaches' the 
 project of building a permanent stone house at Annapolis, 
 which he was to see realized. After the adjournment he 
 brings the matter before the council, stating that a well-built 
 powder house might be useful for other occasions, particu- 
 larly as a council chamber, and "to receive the country, as 
 well as strangers, on occ^asions so requiring it, especially in 
 time of asseml)lics.''' He recommended that they build such 
 a house from the proceeds of the 3 pence per hogshead for 
 arms, and pay 10 shillings, or some other tit sum, as ground 
 
 1 Hart's instructions urged him to do this. 
 
 - Apparently an abuse had grown up and law committee said expenses for boats and 
 ferriages ought to come out of itinerary charges. (L. H. J., May 12, 1715; May IS, 21.) 
 '■> Upper house suggested three members from each county. (J., May 23, 1715.) 
 4L. H. J., May -24. 
 
 5 Three pence of the 2-shilling tax went therefor by act of April 30, 1679. 
 
 6 Col. John Contee had received arms. In 1706 he had died, his widow Mary had since 
 married Philemon Hemsley, and they were rigidly called to account for the arms. 
 (U. H. J., May 10, 11; L. II. J., May 11, 9, 1715.) 
 
 7 U. H. J., May 3, 4, 1715. ' 
 
RESTOKATION OK I'KOPKIETARY OF MARYLAND. 255 
 
 rent for the noodod huul. At th(> next session the upper 
 house, having- api)rov(Hl of Hart's suggestion, reeonunended 
 to the delegates that a handsome^ iiousc^ l)e built for th(> pul^lic 
 arms, and that a eouncil room ))e inehuled in the plan, and 
 also an apartment to "receive the country and strangers that 
 may resort to his excellency the governor on any pu))lic occa- 
 sions."^ The lower house agreed to this plan, and £500 ster- 
 ling were appropriated thiu-efor. The Iniilding was erected 
 forthwith. In 1718 it was reported as completed ' and well 
 done, so that the assemljly agreed to pay Thomas Cooke, the 
 contractor, £100 more than the contract called for. 
 
 The laws with reference to the Indians were revised.'' The 
 committee of aggrievances recommended that careful men be 
 appointed in each county to hear and determine disputes 
 between whites and Indians, and the bill gave poAver to the 
 governor to appoint such. Other provisions forbade the 
 sale of liquor to Indians, the kidnapping and sale of friendlv 
 Indians out of the province, and endeavored to prevent the 
 frequent false rumors about Indian risings. While the assem- 
 I)ly was in session, an apparently groundless one caused the 
 dispatch of one of the delegates to the frontiei's, to encourage 
 the inhabitants and learn what the truth was.* 
 
 Laws Avere amended and reenacted'* prohil)iting the trans- 
 portation of any person from the province without a pass, 
 lest servants, felons, and debtors might escape from the juris- 
 diction, and laying a heavy duty on the importation of rum, 
 negroes, and Irish servants. These duties were rather for the 
 purpose of limiting importation than for revenue, and that on 
 Irish servants had a distinctly religious purpose, ''the pre- 
 vention of importing too great a number of Irish Papists." 
 
 The slave code was thoroughly revised" and regulations 
 were made for the conduct of masters toward those under 
 
 1 U. H. J., August. 8, 9, 1716. 
 
 "- V. H. J., May C, 1718. 
 
 'Actof 1715, ch. l(i, L. H. .1., May I, 1715. 
 
 ni. n. J., May 17,30, 1715; L. H. .1., May 17, HI, 1715. Gifts were inacU- to frieiidly In- 
 dians. These last had reported tlu-y had seen " naked Indians." It is po.ssihle the latter 
 may have been Tusearoras. 
 
 SAet of 1715, ch. 19. :!1. 
 
 '■'Act of 1715,ch. k;. a iietition was prcsenlt'd tliat a white woman marrying a negro 
 be made slave for life, but the old law was n^taiued, providing that she he bound out for 
 seven years (U.K., I., May 3,1715). The committee of aggrievances thought that law 
 •should be made against negroes gathering without leave of masters. Hou.se .says law 
 already provides against it (L. H. J., May 16, 17, 1715; U. H. J., May 23, 24, 1715). Heavy 
 I)enalties were put on tho.se aiding runaway servants. 
 
256 AMERICAN HISTORICAL ASSOCIATION. 
 
 their control, so that there .should not be undue cruelty. For 
 example, only 10 lushes could be o-iyen, for any oli'ense, by a 
 master; but, if he carried a peculiarly disol)edient or wicked 
 slave to a justice of the peace, that the latter could order a 
 o"reater penalty, up to 89 lashes. The council proposed that 
 manumission be limited, as in Virginia. Against this the 
 delegates nobly protested. To restrain manumission is to 
 discourage prol)ity of well-deserving negroes or mulattoes, as 
 their masters can not otherwise recompense them. 
 
 Other important acts with reference to property were those 
 concerning bounds of lands,* an important matter with the 
 rough survej'S of the day, concerning conveyance of landed 
 property," and concerning rights of persons to town lands. ^ 
 The whole testamentary law of the province, which was ad- 
 ministered by the commissarj-general in the prerogative 
 court at Annapolis and l)y the deputy commissaries in the 
 counties, received a careful amendment and was reenacted.* 
 
 The tobacco trade, of course, received attention.'' Early in 
 the session Hart proposed that all tobacco be shipped between 
 October 1 and May 10 in each year, as the longer it hangs the 
 more it loses scent, freshness, substance, weight, and good- 
 ness in every respect, and finally only the shape and nothing 
 of the substance of the tobacco remains. Further, the limi- 
 tation of time of shipment will quicken trade and cheapen 
 freight. The council suggested a conference committee from 
 two houses. This met at Hart's own house, and to it he pro- 
 posed his plan. He added that the backwardness in prepar- 
 ing the tobacco for shipment was largely due to thedelay in 
 getting cask timber properly seasoned and ready to be set up, 
 and this delay of the coopers was largely because of the un- 
 certainty of their pay. Would it not be well to have a law 
 appointing a time yearly to get such cask timber read}^ and 
 for the coopers to set it up, and granting them the right to 
 take their pay by execution^ "The worm bites more" the 
 
 lAft of 1715,ch.45, U. H.J.,May28, 1715. Proposed in council. Delegates thiink them 
 for proposing so useful a law. 
 
 2 Act of 1715, ch. 47. Committee of aggrievances complained that fines and recoveries 
 had been proposed in provincial court to cut off entails. The house said this is a griev- 
 ance and tends to ruin of many (L. H. J., May l.^i, 17, 1715) . 
 
 SActof 1715,ch.3'2. 
 
 * Act of 1715, ch. 39. Clause was inserted preventing the commissary-general from tak- 
 ing fees from estates less value than £30 (L. H. J., May 16, 17, 1715). 
 
 •'' U. H.J. , May l,t), 1715, L. H., May 3, thanked Hart for offering to join in conference and 
 have it at his house. 
 
RESTOKATION OF PllOPKlETAKY OF MARYLAND. 257 
 
 sliips wliicli !iiv forced to stay, uiul so the sloops, flats, and 
 other craft which cari'v Maryland's staple would find the pro- 
 posed law hiohly beneficial. Undm- it they would receive a 
 timely caro-o. and further, if ships drop in all the year round, 
 the tobacco ])uyers will purchase no more of it at a tinu> than 
 just from hand to mouth, while if the whole crop went to 
 market at once, the buyers would purchase a whole year's 
 stock at once, and thus the price would always be kei)t up. 
 Thus argued the governor, and the confer(Mice accept(>d all 
 his plan, save that the}^ decline to fix any date by which the 
 tobacco should be ready. In the pressure of other affairs, 
 however, the matter seems to have l)een laid aside. 
 
 An act was passed^ for securing merchants' tolxicco, to pre- 
 vent alteration of marks on bogheads and to forbid the pack- 
 ing of *'any frost-bitten, trashy, ground leaves, or small, dull 
 scrubs, or any stalks, stems, wood, stones, dirt, or any other 
 manner of trash, or old, decayed tobacco in the inward parts 
 of such hogsheads, when the generality of such tobacco as 
 shall be packed in the outward parts is good, sound, and mer- 
 chantable." "Small, dull, scrubby tobacco, and ground 
 leaves " might be packed separately and labeled so as not to 
 impose on purchasers. Tobacco being the great source of 
 revenue for government," the act ascertaining the gauge of 
 hogsheads and for laying impositions on tobacco [)er hogshead, 
 for the support of government, was always an important one, 
 especially as it included a composition in tobacco for the lord 
 proprietary's alienation fines and (|uit rents. Another impor- 
 tant act was one re(|uiring all weights and measures used in 
 the colony to be yearly compared with the standards kept-l)y 
 the justices of each county, that tobacco and other things 
 might be given in full quantit}' and weight.'^ 
 
 While the assembly was sitting came news of the death of 
 the old Lord Proprietary, and a letter from Benedict 
 Leonard, the new lord, announcing to Hart that the King 
 is about to restore him the government. Hart,* after tak- 
 ing advice of the council, announces these things to the 
 delegates^ and requests them to provide an act to take the 
 
 'Art of 1715, ch.22. 
 
 = Ibid., 1715, c-h. 38. 
 
 3 Ibid., 1715, ch. 10. 
 
 ■• U. H. J., May 30, 1715; L. II. .(., .June 1. 
 
 6 Lower house thanks Hart for news, and expresses joy that {in^prietary is I'lotcstant. 
 
 HIST D'J, VOL I 17 
 
258 AMERICAN HISTORICAL ASSOCIATION. 
 
 place of the payment of 12 pence per hogshead of tobacco,^ 
 which had been given to Charles for his life in return for his 
 receiving tobacco at 2 pence per pound, in lieu of quit rents 
 and alienation tines. The house passed the gauge act we have 
 noticed above, granting a dut}^ of 18 pence per hogshead.^ 
 The old duty was to be continued for four months more. 
 
 An old quarrel was recalled for a moment this session. 
 Sir Thomas Lawrence, who had been secretary of the province 
 twenty years before, had claimed that the ordinaries' fines, or 
 profits from saloon and hotel licenses, as we should say, be- 
 longed to the secretary. The popular party and Colonel 
 Blakiston claimed they belonged to the country. Baltimore 
 said he had given them to a relation when he had the govern- 
 ment, and would reclaim them were the government again in 
 his hands. Hart thought they belonged to the Crown,' and 
 asked the assembly to find out what is their amount. He 
 stated he was willing to have the proceeds used for building 
 a governor's house. The council and lower house agree that 
 they would be w^illing by law to devote them to this purpose, 
 but the lower house say they are not willing to appropriate 
 additional money therefor for two reasons: They wish, first, 
 to know how much the fines are, and secondly, the circum- 
 stances of the province are too low. Hart writes he is 
 content to share their present circumstances, though he 
 thinks it for the honor and interest of the province to have a 
 governors house.* 
 
 The house of delegates, as usual, had complaint to make of 
 the revenue officers,^ who are too many in number, and take 
 extravagant salary from the 3-pence duty for arms while they 
 should be paid from the fines and forfeitures. Hart responds 
 that he will have the number of receivers reduced to one, 
 and will see that salaries are taken from the proper source.® 
 
 1 Hart told them that Benedict Leonard was not satisfied with the old duty, vide U. H. 
 J., July 29, 1716. 
 
 ^Act ofl715, ch. 19. In 1718, the upper house raised the que.stion as to the disposition 
 of this tax (U.H.J. , May 5). Carroll is summoned and .says Benedict Leonard knew 
 nothing of the law. Carroll .sent the money to England. Carroll was authorized by 
 Benedict's executor to take all his per.sonal estate is the province and took a half year's 
 rent as consideration for sending the money to England (L. H. J., May 7). 
 
 aU. H. J., May 16, 19, 25, 26, 171.5. 
 
 ^Thedelegatesoffer to pay Hart's rent. He asks that they appropriate for repairs to 
 his house. 
 
 5 U.H. J., May 15, 1715. 
 
 6 He investigated the matter and reported at a later session. 
 
RESTORATION OF PROPRIETARY OE MARYLAND. 259 
 
 Here, as over, we s(M' both parts of the ooveriimont working 
 too-ether for the pul)lie good. 
 
 The procedure of tlie courts reccMved nuich attention. 
 Laws were passed estal)lishino-^ court days in the counties, 
 providing-'- that execution l)e suspended during the sunimei 
 and autunni months that peopk^ might not be imprisoned to 
 tlie ruin of their crops, regulating'' the drawing of jurors, 
 directing the manner of suing out attachments,* determining 
 the period of limitations for various kinds of actions,^ pro- 
 viding what shall be good evidence to prove foreign and other 
 debts," and permitting the taking of special bail."^ Other 
 statutes authorized speedy recovery of small debts before a 
 single justice of the peace," rectified the ill practices of attor- 
 neys and lixed a table of fees to the attorney -general and law- 
 yers," arranged for the better administration of justice in the 
 courts,^" for the more speedy recovery of del)ts, for prevent- 
 ing officials to plead as attorneys in their courts, and for the 
 collection of amercements. 
 
 It was decreed what damages should be allowed upon pro- 
 tested bills of exchange," and several acts for the l)enetit of 
 poor del)tors wore passed. ^^ One of these was for the relief 
 of the ''languishing prisoner," Feter Sewell. Following the 
 rule that no private act be passed without hearing those 
 opposed, the council again had Charles Carroll before it.^^ 
 He opposed the relief of Sewell, saying he mortgaged two 
 negroes several times over and, therefore, is least worthy of 
 commiseration. Hart had been for some time interested in 
 this case and generously repeated a previous ofl'er to give £5 
 toward making up Sewell's debt, if his creditors have no com- 
 passion. Let us hope Sewell, when released, was more care- 
 
 1 Act of 1715, eh. 14. •'Ibid., eh. 40. " Ibici.,ch.28. 
 
 2 Ibid., ch. 33. ^ ibid., eh. 23. « Ibid., eh. 12. 
 
 3 Ibid., eh. 37. » Ibid., eh. 29. « Ibid., eh. 48. 
 
 1" Act of 1715, ch. 41. The justices of Dorchester sold tlie amercements to the siieriffs for 
 several years at a considerable loss. This is a grievance, say the delegates, as it not only 
 lessens the public credit, but also gives power to the sheriff to burthen the people with 
 several fees (L. H.J. , May 4, 1715.) Lower hou.se asks what has been done with amerce- 
 ments in provincial court. Hart says they were given to clerk of council, but small in 
 amount. This explanation was .satisfactory. 
 
 11 Act of 1715, ch. 7. 
 
 12L.H. J., May 15,1(5; act of 1715, ch. 17,20,21. 
 
 i^U. H. J.,May 15. Council May 2, on petition of John Leatherwood, an old and poor 
 inhabitant of Baltimore County, who has been a "good liver," recommend justices of 
 that county court to discharge him from paying public levy. 
 
200 AMERICAN HISTORICAL ASSOCIATION. 
 
 fill ill lii.s future linancial 'dealings. Other private acts^ were 
 passed, though in general the assembly declined to interfere 
 when there was a remedy in the courts.' One of the attempts 
 to secure the passage of a private bill, brought in what looked 
 like an attempt to bribe a member of the council, to whom 
 the applicant wrote that he would reim1)urse him for an}^ 
 trouble^ and "would have sent mone}-, but it is a thing a ])odv 
 can not trust everybody with." Two other questions of priv- 
 ilege came up at this session. Hart complained to the coun- 
 cil that Mayor Josiah Wilson, delegate for Prince George's, 
 deserved public censure for scurrilously reflecting on him and 
 a second delegate by calling the latter the governor's agent. ^ 
 At another time the governor said one of the council had 
 broken his oath to keep secret its proceedings. In neither 
 case was an}^ answer made. 
 
 Revised laws were passed concerning adultery and fornica- 
 tion, cursing, and drunkenness,' and for the speedy trial of 
 criminals.® The law for ascertaining the height of fences and 
 redressing the great evil arising fi-om the multiplicity of use- 
 less horses that run in the woods'' caused some discussion,^ but 
 was finally passed. The jealousy of the northern province 
 was shown by an act prohibiting importation of grain, bread, 
 beer, and horses from Pennsylvania.^ 
 
 Such was the legislation of the assembly of 1715, a noble 
 legacy from the royal to the proprietary province."* Twice 
 before, in 1692 and 1704, the laws had undergone revision, 
 but neither revision remained long in force. This work of 
 Andrew Hamilton and his colleagues remained the law, with 
 little change, till long after the State of ]Maryland succeeded 
 the province. 
 
 After the adjournment of the assembly ^^ Hart called his 
 council together. Grave tidings had come. There was now no 
 question of checking illegal trade with the French, of seeing 
 
 I Act of 1715, ch. 2, 3, 5, 6, 35. 5 ibid., ch.27,34. 
 2E.g.,U.H.J.,May 4,1715. cibid., eh. 26. 
 3L.H.J.,May 9. "Ibid., ch.31. 
 
 4 U.H. J., May 20,30. su. H.J. , May 26,27; L. H.J. , May 27. 
 
 Act of 1715, ch. 18. 
 
 1" In this year the merchants of Maryland sent an address to the Crown that Hart's 
 administration had been to the general satisfaction. 
 
 II A curious petition of two men against the inhabitants of Queenstown, in Queen Anne 
 County, remained unanswered. They complained of oppression because hogs and live 
 stock are raised on the lots in that town, w^hich is so small that the animals trespass on 
 the petitioners' lands. (L. H. J., July 30, 171G.) 
 
EESTOKATION <)F J'KUPKIETARY OF MARYLAND. 201 
 
 that the vessels cleuriiio- from ^Marvlund provided themsehes 
 with Algerine passes so that they might be safe from the fierce 
 pirates, or of fixing fees in chancery. News had come from 
 Governor Spotswood, in Virginia/ that the terrible Tusca- 
 rora war had broken out in South Carolina and two hundred 
 families had been massacred at Poi't Royal.- Spotswood 
 sends aid to South Carolina and asks that Maryland do the 
 same and watch her own safety. The council say they can 
 spare no arms; all must be saved for our frontier, whither 
 Hart agrees to go in person. A month later ' the council met 
 again. The Potomac Indians were said to have gone out. 
 Arms were ordered to be sent to the frontier counties of 
 Prince George, Baltimore, and Cecil. Blakiston * was in- 
 structed to buy £500 worth of arms and ammunition. A 
 special levy on the province was decided to be made by Hart 
 and any three of the council, if they see need.'^ Lead and 
 powder in the possession of tradesmen should be at once con- 
 demned for the pul)lic use and lodged with the "' colonels."" 
 After another month' the excitement had calmed down. 
 Spotswood writes again there is no damage from the Vir- 
 ginia Indians. He wishes Maryland, Virginia, and North 
 Carolina would raise 1,500 men and attack the Indian towns. 
 Virginia has already sent 300 men to South Carolina, in return 
 for which South Carolina pays each volunteer and sends 
 a slave to work in his place. May not Maryland make a simi- 
 lar contract? Maryland declines to do so, and the dano-er 
 dies away. No other Indian trouble disturbs the adminis- 
 tration. 
 
 Hart was a man of infirm health. He complains of ill 
 health in the fall after his arrival in the province,** and is 
 severely ill when Bladen transmits for him the proceedings 
 
 1 Vide Coun. Proc, April 13, 1715. 
 
 2 His autograph letter is preserved in the council proceedings. SiKitswooil liad never 
 met Hart. 
 
 ■'iJuly 12, 13,1715. 
 
 4 May 31, 1717, Blakiston reported he had spent £257 10s. 4d. for arms and had .saved the 
 rest of the appropriation for future use, as arms were .so high at the time of the great 
 rebellion. 
 
 J^The governor had a certain discretionary power over the country stock of arms and 
 ammunition, in case of exigency, e.g., May 31, 1717, he reported having given the neces- 
 sary amount to several vessels to protect them from pirates. 
 
 L. H. J., July 18, 1716. Richard Ledger, of Prince George, is paid for a horse which died 
 in removing arms to oppose the threatened attack from Indians. 
 
 " Augu.st 24, 1715. 
 
 ^Letter of Septemlur U, 1714. 
 
262 AMERICAN HISTORICAL ASSOCIATION. 
 
 of the assembly and the report of the Indian war. When he 
 recovered he found his position a perplexed one. A letter 
 had come from Lord Guilford announcing that Benedict 
 Leonard was dead and that he was guardian of the young 
 Lord Charles.^ As such he had nominated Hart "lieuten- 
 ant and chief governor of the province," and the nomination 
 having royal approval, the commission and instructions would 
 follow at once. They came, but brought no official intima- 
 tion that the government was restored to the proprietary. 
 The council advise Hart to pay no attention to the new com- 
 mission until this preliminarj^ be positively known. For four 
 months the doubt continued, and the sessions of the courts of 
 chancery and appeals were postponed until it could be known 
 under whose commission they could sit.^ Finally the news 
 came, and the council were sent for at Christmas time. The 
 weather was violent and hard and deep snow lay on the 
 ground when the meml)ers met on the evening of December 
 27. The next day at noon, in the public court-house, the 
 accession of the new proprietar}^ was proclaimed and Hart's 
 new commission read.^ The assembly was dissolved and a 
 new one summoned. Thus the rule of the proprietary was 
 restored over Maryland, though much of the former authority 
 had l)een shorn away. Theoretically, the second Charles had 
 the same rights as the first; practicall}'', the twenty-five years 
 since the grandfather had ruled had made a vast difference. 
 An unknown youth was at the head of affairs. The people 
 seemed to have cared but little for the change,* and, save 
 for the religious quarrels which now arise, the course of 
 events moves on preciseh^ as before. The Protestants knew 
 that the 3"oung proprietary was of their faith, but were slightly 
 apprehensive lest he might lean too much toward the adher- 
 ents of his grandfather's faith. The Romanists were hopeful 
 that they might gain greater influence and be restored to their 
 position in old times, before the proprietary lost the province. 
 For the time being little difiiculty on this score appeared. 
 The new assembly met ' on April 24, 1716. Matthew Tilgh- 
 
 1 Council proceedings August 24. 
 
 2 Council proceedings September 3, 1715. 
 
 s Council records lost from this on. As early as May 19, 1719, Hart told the council that 
 thirteen months' proceedings of that body while Bladen was clerk were missing. 
 
 •»McMahon,p.280. 
 
 6 MacNamara chosen clerk lower house and approved by Hart. Records of upper house 
 for this session are lost. 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 263 
 
 man Ward, of Talbot County, was eho.s(Mi speaker, and, accord- 
 ing to custom, "decentl,y and submissively disabled himself to 
 undergo so mighty a charge," but Hnally accepted it. Hart's 
 opening speech refers to the new government and to his per- 
 sonal knowledge of the "gentle and sweet disposition" of the 
 young lord. He hopes that the province will be happy under 
 the new regime. 
 
 The new government made it necessary to change the style 
 of all laws, and Hart showed his thoughtfulness and kindness 
 of disposition by asking the assembly to "make the change 
 as light as possible to the people, for I am so sensible of the 
 burden of long and frequent assemblies that I am willing to 
 ease them on any part." This was somewhat of a sacrifice 
 from him, as he received a fee as chancellor for affixing the 
 seal to every law. In the end it was found necessary to reen- 
 act less than half a dozen acts. 
 
 Another point in his speech showed his interest in the peo- 
 ple. It was for the interest of the well to do, of whom the 
 assembly was composed, to have quit rents paid in sterling- 
 money, according to the terms of the grants, but such pay- 
 ment was a hardship to the common people. A ""particular 
 ought always to give way to the general good;'' therefoi-e Hart 
 entreats the assembly to remember the poor and pass a com- 
 position act, which Lord Baltimore has agreed to accept upon 
 his solicitation. A failure to pass this act would disappoint 
 Baltimore in the due receipt of rents, would injure tenants 
 holding lands under condition of punctual payments, would 
 check the future cultivation of remote and forest parts of the 
 province, and would cause the remoter inhabitants to desert 
 their yet but poor improvements. 
 
 This session again was to prove an abortive one. Scarcely 
 had Hart delivered his address when a rumor came that the 
 proprietary had died and that King George is taking all the 
 proprietary governments under royal rule.^ The assembly 
 ask to be prorogued, as, if this rumor be true, their session 
 would l)e in vain. Hart grants their request. Before he has 
 found the rumor groundless and called them together again a 
 most vexatious incident occurred. 
 
 Early in June Hart Ayent to Cecil County, and in his absence, 
 
 1 McMahon, p. 2T1, speaks at some length of this movement Baltimore petitioned 
 against it and estimated his Maryland revenue at £3,000 per annum. 
 
'2()4 AMERICAN HISTORICAL ASSOCIATION. 
 
 cn June 10, the anniversary of the pretender\s birth,' "some 
 wiclved, disloyal, and traiterous persons'' loaded four of the 
 great guns on the court-house hill in Annapolis and fired two 
 of them. This was in honor of the pretender, in contempt of 
 King George, and "to the extreme surprise, dread, and dis- 
 quiet of all" good people. Hart hurried back and issued a 
 proclamation offering a reward for the guilty persons and 
 pardon for any who would turn state's evidence. William 
 Fitz Redmond, a nephew of Charles Carroll, and Edward 
 Coyle were arrested on suspicion. A special court of oyer 
 and terminer was called. Jacob Fox confessed he fired one of 
 the guns, and sufiicient evidence was secured to convict the 
 person who fired the other gun.' He was whipped and pil- 
 loried. Fitz Redmond and Coyle were convicted of "drink- 
 ing the pretender's health and speaking contemptibly of the 
 King,"^ and were heavily fined and imprisoned until the fines 
 were paid. This trial was the beginning of the struggle 
 between the Anglican and the Romanist parties. Thomas 
 MacNamara appeared as attorney for the defense. He was 
 a relation of Carroll and a man of stubborn disposition and of 
 fiery temper.* In Philadelphia,'' where he had lived before 
 coming to Maryland, he had been presented by the grand jury 
 for his insolent behavior in court, especially for appearing 
 there at one time with his sword 'drawn, and had been dis- 
 barred upon this presentment." He was now especially auda- 
 cious and insulting in his bearing, and is reported to have 
 publicly said: "Let me see who dares try them ])y this 
 commission." 
 
 1 The insurrectiou in England headed by the pretender had broken out, and the Mary- 
 land Jacobites were so elated with hopes of their imaginary success, so open and glaring 
 in their presumption, that Hart felt obliged to check them by a proclamation dated Feb- 
 ruary 14, 171G. (Hart's speech, April 5, 1720.) 
 
 2 Vide U. H. J., July 26, 1716. 
 
 •i Strangely enough complaint was lodged against Hart for permitting this. The com 
 plainant, however, was widow Mary Contee, who married Philemon Helmesly. 
 
 •1 Barrister at law of Gray's Inn. (U. H. J., May 15, 1719.) 
 
 5 Penn. Col. Rec, 11, 4.57, June 6, 1709. Remonstrance to assembly by freeholders and 
 inhabitants of Philadelphia, and by them to the governor and council, with request for 
 relief, that MacNamara "vilified and brought" Queen Anne's "royal power into con. 
 tempt" by saying at the supreme court in Philadelphia, on April 11, 1709, that the Queen 
 had no right to issue the order in council of January 21, 1702, allowing Quakers to affirm, 
 and that the order was against the law. The petitioners ask that MacNamara, for this 
 offence "and others, his insolency's, contempts, and abuses, openly and sctandelously 
 committed in the city sesssions in the face of the court and country, as by an address or 
 representation of the same, by the grand jury presented, fully is demonstrated, may not 
 have liberty to practise as an attorney at law in any of the courts of this province." 
 
 cThe presentment states that the report is that he was previously disbarred in Mary- 
 land. (U. H. J., April 29, 171.S; vide May 0.) 
 
RESTORATION OF rRoPKlKTAKY OK MARYLANJ). 265 
 
 Froui this time the feud between him and the o-oyenioi- was 
 unrelenting. With Carroll there also arose a difficult}^ which 
 ended only when Hart left the province. Carroll came forth 
 and said he had a commission from the proprietary which 
 gave him such power that he could and Avould discharge the 
 fines. ^ This was a most distasteful announcement to Hart 
 and he ordered Carroll to record his counnission in the secre- 
 tary's office as ''a public trust or employment," Carroll 
 steadfastly refused to take the oath, and Hart told him plainly 
 he should not regard him as a public officer, but would render 
 him all requisite assistance in the execution of any matters 
 with reference to the proprietary's "lands or other private 
 matters." 
 
 The facts in the case seem to have been that immediately 
 upon Charles's accession CaiToll had gone to P'ngland, and 
 making representations of his long and faithful service as 
 private agent of the late proprietary, had secured a commis- 
 sion as "chief agent, escheator, naval oflicer,"^ and receiver- 
 general of all rents, or arrears of rents, fines, forfeitures, to- 
 baccos, or moneys for land warrants, of all ferries, waifs, 
 strays, and deodands; of duties arising from or growing due 
 upon exportation of tobacco aforesaid, tonnage of ships, and 
 all other moneys, tobaccos, or other efiects in any manner or 
 ways now due, or hereafter to grow due, whether by pro- 
 tested bills of exchange or otherwise." He was empowered 
 to appoint inferior officers. It is doubtful w^hether Guilford 
 fully realized how extensive the powers were, but Hart did 
 at once, and tells the assembly at their meeting on July 17, 
 1716, that the grant of such powers to another, and ''espe- 
 cially to a Papist, is such a lessening of his powxr and dishonor 
 to his character that he has desired to be recalled unless he 
 can be restored to the full authority he held under the Crown." 
 Powers formerly exercised by Hart's deputies are now put 
 into the hands of Carroll's, who have taken no oath for the 
 fulfillment of law.'' Hart has always advised the proprietary 
 "never to employ any papists in the public aftairs of this 
 province." Yet, probably because Carroll had deceived the 
 
 1 Hart's speech of April 5, 1720, said that he remanded the prisoners to custody. 
 
 ^Upfjcr house, Aujjust 1,1716, said royal instructions gave Hart as governor in Mary, 
 land the power to appoint naval oflicers. 
 
 3 12, 14, ch. II, for encouragement of siiipping. 15,ch.ll,on trade: 7 and M William, 111. 
 for preventing frauds. Upper House, July 20, 171(;, resolved Cairoll could not he naval 
 officer without taking the oaths. 
 
266 AMERICAN HISTORICAL ASSOCIATION. 
 
 lord proprietary and bis guardian, he is made receiver of the 
 duties for defense/ public charges, and support of govern- 
 ment." He had the impudence to ask Hart to account for 3d. 
 for arms,^ .when Hart ilamed out upon him with "l would as 
 soon give you up my heart's blood." Clearly Hart has 
 much to tell this assembly. He asks the council what is their 
 opinion. They all agree that, not having taken the abjuration 
 oath, Carroll can not hold public office, and all save one answer 
 that the proprietary has been imposed upon.* They summon 
 Carroll before them and ask him whether he told the authori- 
 ties in England that he was a Roman Catholic, that ho would 
 not take the oaths, that acts of Parliament forbade his holding 
 these offices? '^ How came he to take these offices knowing he 
 could not take the lawful oaths? Who are the surveyors- 
 general and deputy surveyors of the land office? 
 
 Carroll answers'^ that he did not tell these things in England, 
 because it was not necessarj^ and because he was not asked to 
 make a profession of faith. He knows an oath should be 
 taken by each public officer and is willing to take one for the 
 punctual performance of duties. For some years he had held 
 without question all the offices that the proprietary could 
 grant, and so did not hesitate to take the additional ones. 
 Further he does not believe that the act of abjuration is of 
 force in the province. His faithful services and the justness 
 of his accounts were the only inducements which led the pro- 
 prietary to appoint him. As to surveyor-generals, Walter 
 Pye and Henry Sewall, two Roman Catholics, claim that office, 
 but there was difficulty about their qualification.' Twelve 
 commissions had been sent over and been put in their hands to 
 be delivered to Protestants, where such formerly held office,* 
 but these could not be delivered on account of the council's 
 action. So Carroll declared the land office closed, and thus 
 the people sufiered detriment. 
 
 1 3d. each per hogshead. 
 
 2 r2d. per hogshead exported. 
 
 3 Hart in speech of April 5, 1720, said Carroll's commission authorized him to receive all 
 money for the support of government and for purchasing arms and at a time when 
 the pretender was scarce suppressed. 
 
 ■1 Lloyd, the sole exception, dryly said he could not tell the proprietary's motives. 
 6 July 19, 1716, U.H.J, 
 s July 25, 1716, U. H.J. 
 ' U. H. J., July 20,1716, July 25. 
 
 SLower house says every county except Queen Anne's, and possibly that, has had a 
 Catholic surveyor, and so Carroll might nominate such again. (L. H. J., July 7, 1716.) 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 2(>7 
 
 The council said Carroll evades their (juevies/ and Hart 
 told him not to say he has closed the land office, ])ut to have 
 the surveyor's commissions delivered and let the work o-o on. 
 Hart toki the council that before sailino- for England Carroll 
 showed him a petition he intended to pres(>nt to Benedict, 
 asking that Roman Catholics have an equal share of the offices. 
 Hart persuaded him not to present it, saying, "1 would 
 oppose it with the utmost vigor,'' and Carroll promised not to 
 do so; but evidently has broken his word." With tliis unfaith- 
 ful dealing Hart taxed him before several of the council.' " 1 
 acknowledge that I gave that representation,'' answered Car- 
 roll, "but it did not import that the Roman Catholics might 
 be qualified for employments, 1)ut that they might be unqual- 
 ified for them." "A poor and Jesuitical evasion," Hart calls 
 this remark. "By what claim of right," asks the governor, 
 "did you offer that representation; for l)y law Romanists can 
 not hold ministerial offices without qualifying T' ^' By the 
 instrument granted l)y Cecilius. Lord Baltimore, which I 
 believe was burnt in the State house," cried Carroll, with 
 great vehemence, ''and we will insist on that right, and if 
 the Lord Guilford will not admit of our right, we will appeal 
 to higher powers." 
 
 Other matters troubled Hart. The proprietary is using a 
 great seal in England. Thus the governor's perquisites are 
 diminished, while he is held answerable for that over which 
 he has no control, and the people are under great uncertainty, 
 which is still more intolerable. Another difficulty arose in 
 connection with the act for the composition for rents.' Henry 
 Darnall, a Romanist, had offered Baltimore .£300 annually for 
 his " growing " rents. Carroll says, provided the farmer paid 
 the officers' salaries, he l)elieves Baltimore would have accepted 
 this offer. In fact, there seems to have been made out a 
 lease to Darnall, though the latter, seeing the opposition, said 
 he would not accept il:, as he did not wish to "interfere wdth 
 the interests of his lordship and the country.'' Hart felt that 
 this lease hurt his honor, as he had sent to Baltimore a pro- 
 
 1 Hart said CarroH's commission gave him appointment of rangers contrary to provin- 
 cial law, which gave it to the governor. Carroll answered he had not thought of the 
 law, and could not help what Baltimore put in his commission. 
 
 2 Vide Hart's address of April 5, 1720; also that of April 22, 1718. 
 s Speech of April 22, 1718. 
 
 * U. H. J., July 20, 1716; July 23, 24. 
 
208 AMERICAN HISTORICAL ASSOCIATION. 
 
 posal for the satisfaction of the rents, and assures the dele- 
 gates that the lease was until now unknown to him. Hart's 
 intention to resign was made known to the delegates on July 
 20 when he sent them Carroll's commission. He tells them 
 he shall not omit to inform the proprietar}' of such men, as 
 "either have or may lead him into improper measures so as 
 to give any disgust to the well affected." He attributes his 
 treatment to the advice of some persons who either are not 
 capable or unwilling to give better counsel. 
 
 Two days after the session opened^ the delegates sent Hart 
 an address, which was really an answer to his speech of the 
 preceding April. It is loyal in tone; expresses hope that in 
 the future they shall be happy as in the past, and that the 
 "aspiring interest of those that term us heretics will not be 
 able to prevail against us." It thanks Hart for his words, 
 promises cooperation with him, and praising his "impartial- 
 ity"" and "unbiased administration," states that if the pro- 
 vincials could select a governor he would be their choice. 
 
 When Hart announced his purpose to resign, both houses 
 prepared an address*^ condemning " the late audacious, wicked, 
 and rebellious practices of many disaffected persons," which 
 "gave us no small uneasiness," and praising Hart's "zeal" 
 and " exact discharge " of duty. The address expresses regrt t 
 that the "artifices of every evil-designing person" should 
 influence the proprietar}^ to "lop off' so many branches of 
 Hart's power," and especiall}- because the "brancnes" are 
 given to papists. The}^ promise to address Baltimore against 
 Hart's leaving, "the ver}^ thoughts whereof strike such a 
 damp upon our spirits that we are scarce able to express the 
 miseries we may well fear are about to break in upon us by 
 an inundation of popery and slavery." 
 
 The address was accordingly drawn up.'' It is more loj-al 
 to Hart than to Baltimore, and, while congratulating the lat- 
 ter upon his restoration to power, pointedly reminds him that 
 this is due to the change of faith. They thank him for the 
 continuance of Hart in office, and complain that his power 
 has been reduced by placing part of it in the hands of a " pro- 
 fest papist" who will not take the oaths, and bj^ granting in 
 
 lU. H.J. , July 19,1716. 
 
 2 U. H. J., July 27, 1710. Signed by all members fif the hon.se.s. 
 
 m.H. J., July 30, 1710. Lower li(.\ise <ltv\v it up. 
 
RESTORATION OF PROPRIETARY <>F MARYLAND. 2(\\) 
 
 Ent^liind blank coininissioiis under the "Teat .seal. They ask 
 that Hart's old power be restored and that he ])e thus induced 
 to remain as governor and continue to foil the plans of '" those 
 papists who hav^e very lately soared to that heig-ht of impu- 
 dence as to threaten his person and undervalue his power." 
 The address warns Baltimore not to become obnoxious to Kinj^ 
 George nor to alienate from himself the people of jNIarvland, 
 which would be the result of too great favor toward Roman 
 Catholics. There was no danger the council would show them 
 too great favor. A Romanist who " purely offers to take the 
 oaths only for sake of a place '' should not be appointed, even 
 though reconunended by Baltimore's English agent. ^ 
 
 The lower house was not one whit more complaisant. They 
 adopted an address^ to King George, congratulating him on 
 his success in suppressing the pretender's invasion, referring 
 to the benefits they had enjo^^ed as a royal province, and ask- 
 ing him to continue his influence for the preservation of the 
 people and the Protestant religion, which has very many 
 adversaries. They voted to repa}^ Hart's expenses in the late 
 disturbance,'' and they sent for the sheriff of Anne Arundel 
 County. "Why did you release Fitz Redmond and Cojde^ " 
 they sternly ask. He showed Carroll's receipt for the fines, 
 and Carroll is sent for. The fines belong to the lord propri- 
 etary's prerogative, sa}' the assembly, and not to his private 
 estate, and Carroll, by receiving them without taking the oaths, 
 has acted '"contrary to the known laws of this province," and 
 has made ''an inroad upon our Constitution."* 
 
 Words were followed b}^ acts, and the ""better securit}' of 
 his Lordship's Government and the Protestant interest"'' were 
 provided for. The preamble to the act states that it has been 
 found advantageous to Great Britain to exclude all persons from 
 office who will not take oaths, and that here in ^larvland the 
 general assembly think themselves indispensably obliged to 
 do their part in securing 'Ho the proprietary and the people 
 their share in these benefits, especially agreeable" to us who 
 
 1 U.K. J., July 30. 
 
 2 L. H.J. , July 31,1710. Blakiston to present it. 
 
 ^L. A. J., August 3, 1716. Upper house same day roeommenfled to lower house to pay 
 Richard Evans for his services at that time. 
 
 <L.H.J.,July27,171(!. 
 
 ■'■Act of 17ir>, ch. ^. Act in force throughout provincial history. It was introduced 
 in the lower house. This act was the result of Carroll's acts, not of the acts of the Jaco- 
 bites, as McMahon says on p. 281. 
 
270 AMERICAN HISTORICAL ASSOCIATION. 
 
 are under the immediate government of a Protestant ^ lord 
 proprietor. After referring' to the hite Jacobite excitement 
 in the province, and to the fact that the act of ITOi required 
 all officials to take the oath of abjuration, the statute enacts 
 that all persons now, or in the future, holding office in the 
 province shall take the oaths of allegiance, abhorrency, and 
 abjuration, and subscribe the test against transubstantiation. 
 If persons refuse to take these oaths and still ""presume to 
 execute any office," their commission is declared void ah initio 
 and they are liable to a fine of £250. ~ The oaths may be 
 required again at any time while the office is held. If they have 
 been taken by ahy person, and he afterwards be present at any 
 Popish assembly and join in the ''service at mass," he shall 
 suffer the same penalty as above.'' The management of the 
 private affairs of the proprietary is especially exempted from 
 the provisions of this act.'' On the last point*, there was some 
 disagreement, as the lower house * at first did not wish even 
 to exempt these, but it finally yielded to the insistence of the 
 council. The delegates wished to have the officers named who 
 were considered to be engaged in Baltimore's private affairs, 
 but this was difficult, and brought up again the old quarrel 
 about ordinar}^ licenses,'' and, as they did not wish to entar 
 into that matter then, the subject was dropped. 
 
 Carroll disturbed the assemblj' at another point by ques- 
 tioning the validity of the laws passed in 1715. The delegates 
 considered these laws as the entire code of the province and 
 were very unwilling that the time and labor spent in framing 
 them should be wasted. They refused to pass an}^ laws save 
 those which needed to supplement deficiencies, and declined to 
 reenact the body of laws, inasmuch as their authority was 
 undoubted. Carroll reminded the delegates that the King had 
 not considered the acts before the restoration of the proprie- 
 
 1 On July 27, Hart submits the council the fifty-seventh article of his instructions 
 directing him to give liberty of conscience to all quiet persons save Papists. He says he 
 has received no instruction contrary to this from the proprietary. The council agree 
 that he ought still to obey the above article. 
 
 - At suggestion of upper house; one-half to free .schools, one-half to informer. 
 
 3 Added by upper house July 28, 1716. 
 
 ■• U. H. J., July 31, August 1, 4, 6, 1716. 
 
 5 Hart tried to get the assembly to take action in this matter (U. H. J., August 2, 1716), and 
 to fix ordinary licenses (U. H. J., Augusts, 1716), but delegates refused, August4, 1716 (L. H. 
 J., July 21,1716. ) The upper house insisted that the law as to fines and forfeitures be 
 reenacted so as to transfer the right to them to the proprietary. This was done. (Act of 
 1716, eh. 38.) 
 
RESTORATION OK rROrillKTAKY OF MARYLAND. 271 
 
 tary, but they iinswor hlni that tlu> ctlicacv of laws dates not 
 from the date of the royal consideration but the time of pas- 
 sag-e ])y the assembly. 
 
 There was not much lej^ishition at this session. Seven of 
 the twenty-one acts passed were private ones, and several of 
 the others were rendered necivssary by tlie clian«>-e of rulers. 
 The g'aug-e act and that juranlino- the pi'oprietar}' 18 pence per 
 lioo-shead was reenacted.' Over tiie first there was consider- 
 al)le discussion. Guilford had sent over drafts which he 
 wished passed. In these the enactment is stated to have been 
 made by the proprietary and the assem))ly, as was the custom 
 before 1688. In the reign of Queen Anne, the o-overnor had 
 been mentioned as a separate estate, and the assembly deter- 
 mines to continue such mention.^ 
 
 The revenue laws themselves caused some difficulty. The 
 lower house agreed' to lay an additional dut}' of (5 pence per 
 hogshead in full recompense to the proprietary for his rents 
 and tines for alienation, provided the 8 pence tax for defraying 
 the public charge be repealed, and its place be taken by an 
 incn^ased tax on negroes and Irish servants imported into 
 the province. The upper house agreed to this, but Carroll, 
 as Baltimore's agent, protested against the allowance of a 
 percentage of the tax as fees for the officers collecting it. 
 The upper house refused to raise any further sum as salar}' 
 for the officers, and Carroll withdrew his objection, saying he 
 did so without precluding Baltimore's right to show that he 
 should not ])e so ])urdened.^ Some days later Carroll wrote 
 to Hart warning him not to sign certain laws,'' in which phrase 
 he plainly included the revenue ones, and directing him to turn 
 over the residue of the revenue after deducting the governor's 
 salary. This letter is at once transmitted to the assembly, 
 which advises Hart to pay over the 18 pence tax, but not the 
 1;") pence tax raised for support. of government unless Carroll 
 
 ' To continue five years, till the proprietary was of age. ( Act of 171G ch. 8, and 19, U. H. 
 .1.,, July 20.) 
 
 •-Hart suggested the guardian's (Lonl (iuilford) name should api)ear. Lower house 
 (.July 21) objected that the proprietary is a body politic and is not mentione<l in his 
 natural capacity, therefore he can not be a minor. Hart yielded. 
 
 :'L.H. J., July 29,1716. 
 
 < Vide L. H.J., August 3, 1716, where lower house agrees to relieve Baltimore of part of 
 the discount. Hart says ho will approve it, if the assembly will repay him in case Balti- 
 more makes him pay therefor. 
 
 i^Couneil, August 1, 1716, asked Carroll lo enumerate them. He said it would be very 
 difficult. 
 
272 amp:ri('an historical association. 
 
 takes the oaths. They pi'onouuce the caution in CaiTolFs let- 
 ter unintelligible,' a general threat against passing any laws, 
 "designed to disturb Hart in his weak state of health,"" and 
 for other secret ends. Carroll has ' ' used a very indecent ' way 
 and freedom' with Hart" in assuming to himself the liberty 
 of directing him in so general a manner. This freedom had 
 never before been "used by a subject to a governor." The 
 council added that Baltimore's agents in Maryland and Eng- 
 land "have given signal marks of their disingenuity." Hart 
 then came to the assembly, and the assembly promised to 
 reimburse him for an}' pecuniary loss he may suffer from 
 signing the l)ills. He thanks them, signs the bills, complains 
 of the "insults in his sickness" and the barbarous treatment 
 received from Carroll, and prorogues the assembly. The 
 message from Carroll came to Hart at night, at a time he was 
 in such a dangerous condition that he was making his will.^ 
 The act raising an additional revenue from imported servants 
 was passed/ but as we shall see did not receive Baltimore's 
 assent. It was the only act passed at this session Avhich he 
 vetoed, in spite of Carroll's warning to Hart.^ 
 
 Hart had always taken interest in the security of the public 
 papers. " Shortly after his arrival he reported to the assembly 
 that he had seen lighted candles in the court-house and secured 
 an order that neither candles nor other fire be carried into 
 offices in the court-house, and that the clerk of the secretary 
 see that the back door be locked every night "before day- 
 
 1 U. H. J., August 11, 1710, the last day of the session. 
 
 -Hart was sick with a violent fever about August 1, and as his instructions said noth- 
 ing as to liis successor in case of his death, he sent to the council to ask what should be 
 done. An act is at once passed (Carroll making no objection) providing for the succes- 
 sion, first, of the president of the council, and then of its members according to seniority. 
 This had been the custom when the matter was mentioned in instructions. (Act of 1716, 
 eh. 21.) Baltimore soon gave similar instructions. (U. H. J., May 29.) 
 
 3 Speech of April 5,1729. 
 
 ■* Upper house suggested the duty be limited to the servants imported from foreign coun- 
 tries. Lower house objected, fearing the act would be eluded, as our more recent Chinese 
 acts have been, and upper house withdrew amendment. 
 
 5 One of Carroll's objections to the laws was that in case of war and a capture of the 
 tobacco fleet, Baltimore, and his five brothers and sisters, would have no support for that 
 year if they gave up their whole revenue for a tobacco duty. (U.H. J., August 7, 1716.) 
 A message from the council to the delegates on August 6 asked that a clause be adde 1 
 that tenants pay tobacco rents in the county where the land is, that such debts have 
 precedence over other debts, and that they may be levied by execution. The lower 
 house objected to this, saying the land was good .security. The upper h 5use further said 
 captains of vessels are alarmed and wish a clause permitting them to collect their portion 
 of the tax from shippers of tobacco. As to this last, the lower house says the captains 
 may retain all tobacco until paid. 
 
 6 U.H. J., October 7, 1714. 
 
RESTORATION OF IMIOl'RIETAKY <)K MARYLAND. 273 
 
 lisiht 1)0 shut ill.'' aiul opiMicd half an hour after suuriso 
 every inonihig. Now, throu<^-h his suugHistion, an act is 
 passed^ for repairing- the damaj^es alread}" sustained in the 
 public records and for their future security. A conniiittec 
 Avas appointed to inspect the records. It rept)rted that some 
 had been lost, and a greater part of those remaining- were 
 nuich worn and danniitied from the transportation from St. 
 Mar3'\s cit^- to Annapolis, the want of good and sufficient 
 l)ooks, and the negligence of officers. These old records are 
 to be repaired at public expense, and for the future all clerks, 
 who receive the fees of office, must give bond to provide good 
 and sufficient books and deliver the records in good order to 
 their successors. Those who have worked in the ancient 
 records and understand their importance will bless the assem- 
 bly of 1716 for their act, which continued in force throughout 
 the province's history." 
 
 All of the measures Hart advised were not carried. His 
 plan to advance the credit of the province'' was not trans- 
 muted into a law. On the other hand, the projects of the 
 lower house were sometimes blocked. Especially was this 
 the case with reference to the attempt to make Llo3^d refund 
 the sums received b}' him as councillor, while also receiving a 
 salary as acting governor.* He claimed he held two different 
 offices and had a right to both salaries. The upper house ad- 
 mitted that it " would have been more generous in him to have 
 forgone" the councillor's salary, but it had ])een paid, and, 
 while a second instance of this will be guarded against, it is 
 not titting to unravel the laws as to the past.'' The delegates 
 grow quite excited, accuse Lloyd of falsehood, and sa}' that 
 when councillors have offices of profit, they are never paid as 
 councillors.'"' The councillor's allowance is only paid to those 
 who have no other way to reimburse themselves for their 
 
 1 Act of 1716, ch. 1. 
 
 2 Vide U.H.J. , July 21, 23, 1716. A report on the subject showing that progres.s was 
 being made was given by the committee to lower house on June 7, 1717. 7 words:=;line, 
 15 lines=side^4 tob. pay. 
 
 •ilt dealt with payment of debts, vide U.K. J., July ■24,171(1. 
 
 ■iThe matter was j)osti)oncd from session to session until IJoyd died. Then out of 
 re.speet to his widow the matter was dropped, but the a.ssembly resolved that no sucli 
 future grant should l)e made. (L. H. J., May 30, 1719; U. H. J., Hay 29, 1719.) 
 
 5U.H.J.,.July 30,171(;. 
 
 ^U. H. J., August 3, .Inly 20. He received .i.Vi, 13.0 and 29.')80 pounds of tobacco as coun- 
 cillor while drawing salary as i)resident. August 1, Lloyd had a public hearing before 
 delegates, who resolved he should refund. 
 
 HIST 99, VOL I 18 
 
274 AMEEICAN HISTORICAL ASSOCIATION. 
 
 expenses in the service of the public. As president and act- 
 ing governor he was a separate body, distinct from council, 
 and bills were dissented from, because the word president 
 was not in their style of enactment. He had the full nega- 
 tive over laws and received larger remuneration than all the 
 rest of the council. Hart's sickness was one cause why the 
 matter was not pushed further at this time.^ 
 
 The evil practices of sheriffs receive the customary con- 
 demnation at this session.* It seems that the good people 
 had been "greatly damnified and abused in their estates" by 
 the sheriffs, who seized more goods on writs of fieri facias 
 than were sufficient to satisf 3^ the demands of law. They also 
 kept the goods a long time before they sold them, and finalty 
 disposed of them privately, and sometimes for only a tenth 
 part of their value. This is great loss to both debtor and 
 creditor, and ruins their families. For the future, all goods 
 seized must be appraised by four substantial freeholders 
 named by the parties, and the amount due is to be turned over 
 to the creditor at their appraisal. 
 
 Another act, permitting inhabitants of the province in their 
 own proper persons to sue out writs when plaintiff's and give 
 judgment when defendants, was passed, though the upper 
 house at first objected^ that allowing persons to appear in 
 their own behalf as plaintiffs would enable ill-disposed per- 
 sons to gratify revenge, and cause ignorant ones to mislay 
 their actions, l)e nonsuited, and have to pay costs. The 
 upper house was more successful in opposing a law allowing 
 plaintiff's to have suits removed to the provincial court when 
 the amount claimed as damages is less than 5,000 pounds of 
 tobacco. In opposition, the council seems to be arguing in 
 behalf of the poorer and debtor classes.* The delegates com- 
 plain of the ignorance of attorneys in the county courts, and 
 say a failure to pass the law will discourage trade and permit 
 persons to evade the act for the recover}^ of small debts, but 
 the upper house was stubborn iand the act failed. 
 
 1 Complaints against John Rousby, receiver of taxes, were postponed for the same 
 reason. 
 
 2 Act of 1716, ch. 16. A sheriff who had been appointed to fill a vacancy petitioned 
 for longer time to make collections. The council say a dangerous precedent. Sheriffs 
 will die at inconvenient times for their successors. (U. H. J., August 1, 1716.) 
 
 3 U.K. J., August 6,1716. 
 lU.H. J., July 25,26,1716. 
 
RESTORATION OF PROTRIETARY OF MARYLAND. 27^) 
 
 Much attention was o-iven at this session to the act' amend- 
 ing the law oti'ering a bounty I'or killing wolves, crows, and 
 squirrels.^ The upper house thought the amount paid was an 
 intolerable burden, and suggested that an act be passed 
 obligating each taxable to bring in (> heads yearly or pay 4 
 pounds tobacco. The lower house, using a true socialistic argu- 
 in(Mit, while admitting the charge is great, claims that the 
 l)<)unty "circulates among the taxable inhabitants." Every 
 person, if he chooses and thinks it worth while, may kill as 
 many as will defray his proportion of the charge. If the 
 expense continues for several years, it may then be changed. 
 Very well, answers the council, at any rate, let us prevent 
 fraud and be sure that the same heads are not used twice to 
 obtain a bounty. Why should not they be brought to county 
 courts and burned by the youngest justice present, after oath 
 taken by the person who brought in the heads that he slew 
 the animals. The lower house agreed that the heads should 
 be burned,^ but a man can not swear to killing done by his 
 servants, and l)ringing the heads to court would "discourage 
 many from killing those vermin." 
 
 An additional cause of alarm to the Protestants came from 
 the influx of Jacobites transported and sold as indented serv- 
 ants.* Shortly after the adjournment of the assembly of 1716, 
 on August 28, Hart and the council issued a proclamation for 
 the sale of 80 rebels transported in the ship M'lendship, and 
 on October 18 a second shipment of 55 men, mostly Scots, 
 was received on the ship Good Sj)eed. 
 
 These were all indented for several years. ^ The most prom- 
 inent men of the province bought their services, and some, 
 unfortunately, soon lost them, as the men ran away. 
 
 Hart's desires'* were that the "gentlemen of the Romish 
 
 1 The act of 1712, ch. 11, prohibiting sticking fish, was repealed (act of 1716, eh. 7) , as it 
 only affected those living at a distance from the water who may l)e discovered with (ish. 
 (L.H. J., July 25, 1716.) 
 
 2 Act of 1716, ch. 2 (U. H. J., August 1, 1716; August 2, L. H. J., July 28) . Last year 45,000 
 pounds paid St. Mary's; 46,000 pounds Charles; 45,000 pounds Kent; 51,000 pounds Prince 
 George's; 62,000 pounds Calvert; 60,000 pounds Dorchester; 45,000 pounds Talbot; 27,000 
 pounds Cecil; 140,000 pounds Somerset; 24,000 pounds Queen Anne's; 26,000 pounds Bal- 
 timore; 40,000 pounds Anne Arundel. May 31. 1717, lower house again refused to repeal 
 squirrel act. 
 
 3 Lower house amendment excluded Indians from benefit of act. (U. H.J., August 3, 
 1716.) 
 
 *Scharf.,l,:?.s5 pp. 
 
 6 Hart's letter of April 28,1717. 
 
 6 Speech of May 29,1717. 
 
276 AMERICAN HISTORICAL ASSOCIATION. 
 
 comiiiuiiion will prudently consider their own interest and 
 will content themselves with the lenity of the government 
 they live under." They have all privileges of citizens, save 
 officeholding, and Protestants in Roman Catholic countries 
 would regard this condition of things as an inestimable bless- 
 ing." When we place ourselves in the position of the men 
 of that day, we see that this was by no means an unnatural 
 position. 
 
 The Protestants were counseled by Hart to show themselves 
 such by their ""charitable demeanor toward their neighbors 
 of another persuasion, since it is no longer in their power to 
 do you any injury."^ "When I was a soldier," says the gov- 
 ernor, ""1 learned this maxim: Whilst the enemy was in 
 arms, to oppose him with a vigorous resolution; but when 
 Providence pleased to bless the juster side with advantage, to 
 treat them with humanity." Bravo! the ruler has the milk 
 of human kindness in him and forgets the insults'^ the Papists 
 have heaped on him, even that distressful time when Carroll 
 wrote him a threatening letter, though he was dangerously ill 
 with a fever and making his will, for he thought himself near 
 death. 
 
 When Baltimore and his guardian received the proceedings 
 of the assembly of 1716 they promptly vetoed the servants' 
 importation'' bill and held the gauge act for further consider- 
 ation. They had given up the quit rents for "the good and 
 relief of the poor and more numerous part of our people," 
 and are surprised that the act gives Hart his salary directly, 
 rather than to the proprietary for the use of the governor. 
 This, "with our honor, we never can consent to," and the bill 
 must be amended. As amended, it will benefit the "planter 
 by the ease he will find in payment of his rent, and the trader 
 by the advantageous proviso of reshipping free of tax the 
 tobacco upon any loss that shall happen to them at sea in 
 their homeward voyage. The act for the security of the 
 peace is approved with great alacrity, that Protestants and 
 Papists may clearly perceive that "your lord proprietary is 
 
 'Lower house, May 31, promises to accept this advice. (Vide U.H.J , April 5, 1720.) 
 2 October 9, 1716, Carroll again made demand on Hart to recognize his commission, 
 
 and warned him against .signing act for better security of government, (vide U. H.J., 
 
 April 5,1720.) 
 3It did not allow Iri.sh Protestants to come in free, and is dangerous to charter (U. H. 
 
 J , June 2,1717). 
 
RESTOKATION OF PROPRIETARY OF MARYLAND. 277 
 
 not, iis he has ])ooii maliciously suggested by some, a Papist 
 in mas(iuera(l(>, but a true Protestant of the Church of Eng- 
 land, in which faith he is resolved to live and die." Thus 
 write Baltimore and his guardian to the assembly, which met 
 on May 29, 1717, and thc}^ ask that advice be given them 
 "free and without inliuence." 
 
 A promise is made not to advance any person to any prefer- 
 ment for which he is not qualified by law.^ This, of course, 
 would take away CarrolFs (-onuuission. Such was the result 
 of the representations of Hart and the assembly, and it caused 
 Carroll, who insisted that Roman Catholics had the right to 
 hold othce, to raise contributions and send emissaries to Eng- 
 land to try at the least to secure the removal of Hart. 
 
 The address from England was read by Hart to the assembly 
 at its opening. He followed it with an address, stating that 
 he was ignorant of the motives of the house in passing the 
 gauge bill and had found out what the motives were tlirough 
 the revelations of one of their officers in Great Britain.^ He 
 was not in the upper house when the l)ill passed there, as it 
 was the time of his sickness, and now he urges the assembly 
 to modify the bill to suit the proprietary.* The proprietary, 
 as hereditary governor of Maryland, has by charter a right 
 to the revenue, and he provides generously for Hart. The 
 new gauge bill was drawn up and passed with the change 
 Baltimore requested.* 
 
 The session was short and harmonious. Hart prorogued it 
 on June 7, after it had lasted a week and a half. Eifteen 
 chapters were added to the statute book, five of which were 
 local or private. The address from Baltimore and Guilford 
 reconmiended them to lay aside all feuds and animosities, and 
 they seem to have done so. If it had not been for the difficulty 
 with the Romanists nothing would have prevented the province 
 from increasing and flourishing under the famil}^ of Baltimore. 
 
 The assembly was very loyal to the House of Hanover'^ and 
 grateful to Hart. They speak of his "tenderness of our 
 
 1 Lower house acknowledges Baltimore's justice in this (May 31) and thanks Hart. Of 
 course this caused a withdrawal of Hart's resignation (Hart's speech, April 5, 1720). 
 Baltimore's letter was dated October 10, 1710. 
 
 2 He is evidently hurt at this. The delegates apologize (May 31, 1717) vide April 5, 1720. 
 
 3 June 5, 1717. Hart submitted Baltimore's draft of gauge bill to council. 
 ■iThe delegates positively refuse to make any other change. (U.H. J., June 7.) 
 
 '•> L. H. J., May 31, 1717, Hart thanks them and hopes for "many halcyon days. (U. H. J., 
 June 1,1717.) 
 
278 AMERICAN HISTORICAL ASSOCIATION. 
 
 privileges," and tell him the "largest opportunities we have 
 had of demonstrating the esteem we have for your excellency 
 have fallen so far short of amounting to a compliment that 
 we are forced to acknowledge we have failed in doing justice 
 to your merit. * * * Though we are limited in some 
 other respects, we are not so in affection."' The assembly's 
 chief cause for which to thank Baltimore is his graciousness 
 in retaining Hart as governor, " of whose loyalty, fidelity, 
 honor, and justice we have had so ample an experience." I 
 know of no colonial governor who received higher praise, and 
 certainly none in Maryland, save Eden, who was ever so well 
 beloved.^ Thus the assembly sums up his administration for 
 its first three years, "''amidst the various shocks he has met 
 with, we may with boldness affirm, he has with a resolute 
 constancy endeavored to promote your lordship's truest inter- 
 est here by defending the honor of your lordship's govern- 
 ment and the rights and privileges of the people under it with 
 impartiality, by whose exhortation and general example we 
 shall never be wanting to show a true Christian principle of 
 charity." The only other thing of which the assembly makes 
 much in its address to Baltimore^ is its thanks that "he is a 
 Protestant, and that by his recent action he has removed the 
 grounds and motives of jealousies and made room for the 
 truly charitable and Christian spirit of the Church of England 
 to show how indulgent she is to the professors of the Romish 
 religion, although the same time she knows them to be her 
 irreconcilable enemies. " ^ The future showed that the grounds 
 and motives of jealousies were as yet far from being removed, 
 but for the present all seems peaceful. This being so, Hart 
 turns his attention to education. He has ever had this in 
 mind, and is Nicholson's worthy successor in zeal for schools. 
 Just at this time, too, the governors of the free schools have 
 a petition prepared. Col. Thomas Smithson, of Talbot 
 County, with ideas kindred to him of the same name, who 
 has so benefited the growth of science, left a bequest of 
 about £200 to the free schools. There was some danger that 
 debts of the estate might diminish or wipe out the legacy, and 
 
 1 Address to Baltimore, June 7, 1715. 
 
 2 Address to King very loyal, June 7, 1717. 
 
 3 They urge Baltimore not to listen to Romanists, who are not his true friends. There 
 is obviously still a little doubt as to his position. 
 
RESTORATION OK PROPRIETARY OF MARYLAND. 279 
 
 the governors' wish to be assured aoainsl this. They repre- 
 sent publie education as in sorrv plight. The funds scarce 
 amount to €20 per aiunun. and Avere it not for the sul)scrip- 
 tions of sundry charitable people the school at Annapolis 
 could p.ot ])e carried on. It is hopeless to think of opening 
 such a school in each count}' "for the instructing their youth 
 in good literature and manners." The youths' application 
 and improvement are undoubted, had they the nutans pro- 
 vided to assist their studies. Hart took up this matter and 
 made especial allusion to the needs of the schools in his open- 
 ing address. He told the assembly that the province^ was now 
 in a happ3' condition and the means were in their hands. 
 Therefore, it was their dut}" to advance the honor and interest 
 of their country for the particular good of their children, 
 who, were the}- sensible of the ii-retrievable loss they would 
 sustain in the want of a liberal education in their youth, 
 would join their tears to his entreaties. The assembly 
 thank him for his zeal for the advancement of learning and 
 apologize for the neglect thereof in IVIar^dand; but attempt 
 to excuse it from the discouragement they have experienced 
 in having moneys raised in the province applied to the main- 
 tenance of an institution (William and Mary College) outside 
 of it, " by which never an}" one inhabitant of this have reaped 
 the least advantage. " ^ 
 
 This tax they are persuaded arose from the Virginians' 
 misrepresentations, and they ask Hart to help them in trying 
 to have its proceeds transferred to Maryland schools. In the 
 meantime the}' promise to do all they can, which will not be 
 too burdensome to the public, to support the present school, 
 and ask for suggestions as to how this may be done. 
 
 Jn the address to Baltimore the assembly again refers to 
 educational matters, complain of the ''great want of good 
 literature within this province, whereby many good geniuses 
 are of little use that might otherwise be ornaments to the 
 country and serviceable to your lordship's interest." They 
 ask Baltimore to help them to have the proceeds of the tax 
 transferred to ^Maryland schools, instead of being applied 
 "to a free school in Virginia, which by its remoteness from 
 this province" is " wholly useless to any of its inhabitants." 
 
 1 June 7,1717, U. H. J., a further petition is that in intestate estates when creditors seize 
 them the remainder may be turned over to the free schools. 
 -'U.H.J.,Mav:!l.I71T. 
 
280 AMERICAN HISTORICAL ASSOCIATION. 
 
 Two 3^ears later, ^ Hart again called to the attention of the 
 assembl}^ that their abilities are not equal to their desires, and 
 suggests that they petition the King for the tobacco duty 
 which goes to William and Mary. The upper house ^ com- 
 plain bitterly of the failure of Maryland to receive any benefit 
 from that institution. The delegates join in this complaint 
 and add that most of the duty comes from Maryland tobacco. =* 
 They agree to address the King thereupon, but apparently 
 changed their minds and addressed the proprietary instead.* 
 They tell him of their "narrow circumstances," and that 
 "abundance of youth now growing up are unhappily desti- 
 tute of those common improvements which nature hath made 
 them very capable of, for the rendering them better Christ- 
 ians, better subjects to His Majesty, and better qualihed per- 
 sons for the just discharge of the several trusts to which your 
 lordship * * * may have occasion to appoint them, as 
 well in the offices of State as in the distribution of justice 
 and all other the exigencies of life." They admit with truly 
 aristocratic scorn that the "condition of most of the people 
 here has little claim to a truly generous and liberal educa- 
 tion," but feel that there are enough children deserving such 
 education to demand for Maryland a share in the royal bounty. 
 Those who "can pay the charge there choose rather to educate 
 their children in Great Britain, and the middling sort of people, 
 who only stand in need for their children of such pious and 
 charitable foundation, reap no benefit" from the "magnificent 
 college" in Virginia.^ This petition met with no very favor- 
 able response, and, as the people were as yet unwilling to 
 raise anything by an additional tax, nothing was done until 
 the administration of Hart's successor. 
 
 The question of ordinary licenses" engaged much of the 
 attention of this session of the assembly. Lord Baltimore 
 sent instructions to Hart claiming the right to these and ask- 
 ing that a bill be passed making these fines certain, "so that 
 the consent of the people and not our prerogative" may settle 
 them. The lower house responded that previous assemblies 
 have said ordinary licenses do not belong to the secretary's 
 office. Since Baltimore seemed to claim them by his preroga- 
 tive "we are unwilling to intermeddle therewith," though they 
 
 1 U. H. J.. May 14, 1719. ■'U. H J., June 4, 1719. 
 
 2 U. H. J., May 15, 1719. ^ Vide U. H. J., April 21, 1720. 
 
 3 U. H. J., May 19, 1719. ^ Act of 1717, ch. 1. 
 
RESTORATION OF PROPUTETARY OF MARYLAND. 281 
 
 juskod Balthnoro to give the proceeds to free sehools.' The 
 upper house, taking the proprietarj'^s side as usual, said Bal- 
 timore has already given these fines to the secretaries,^ and it 
 would be inconsistent with Baltimore's honor that the assem- 
 bly should enter upon a matter which he had settled. Further, 
 the secretaries have been active in the happy settlement of 
 the present establishment, l^altimore's command in the mat- 
 ter must be regarded as absolute. The lower house drew up 
 a bill in the matter, to which Hart refused to consent,'' as it 
 gave the licenses to Baltimore as a compliment and not as a 
 right. A verbal change was made and the act was tinally 
 passed. In the address to Baltimore reference is made to the 
 matter and to the previous refusal of assemblies to admit that 
 these licenses could be levied without consent of the people. 
 Therefore, this assembly would think itself ''justly lial)le to 
 the censures of those we represent if we should now give up 
 to your lordship, as a matter of right, what our predecessors 
 have so much contended for and even refused to give up to 
 the Crown." Baltimore thought it wise not to strain the point 
 and accepted the act, though the acknowledgment of his right 
 was not expressed.* 
 
 Baltimore gained another point at this session. On June 3 
 the lower house resolved to ])ring in a gauge bill, as proposed 
 by Baltimore, and this resolve was carried out.-' A third 
 request of Baltimore, that the recent act for the security of 
 the peace be reenacted so as to disclaim any reference to pri- 
 vate affairs, was rejected as needless by the lower house. 
 
 The Irish servant bill was reenacted. how^ever, at Baltimore's 
 suggestion, with such amendment as to impose no restriction 
 on the immigration of Protestants. The duty was lowered 
 and the proceeds given to the schools." 
 
 Another act made the negro code of the province more 
 stringent. It seems to have been customary for each session 
 of the assembly to take up and act upon the report of the 
 committee of aggrievances made on the last day of the pre- 
 vious session. The report of 1716 complained that negroes 
 
 1 L. H. J., June 3, 1717. 
 
 2 Thomas Beake and Charles Lowe. 
 3U. H. J., June 6, 1717. 
 
 4L. H. J., June 7, 1717. Baltimore asked that it be made permanent. {L. H. J. .\pril 
 24,1718.) 
 5 Act of 1717, eh. 7. 
 " L. H. J., June 0, 1717; U. H. J., June 1 ; act of 1717, eh. 10; act of 1717, eh. 13. 
 
282 AMERICATSr HISTORTCAL ASSOCIATION. 
 
 were permitted to give evidence in court. This privilege is 
 now only to be exercised in trials of other negroes or Indians. 
 A second grievance was that no penalty was laid on a negro 
 marrying a white person, while the latter is punished. This, 
 too, is now remedied, and it is also provided that slaves may be 
 tried before a single magistrate for misdemeanors for which 
 white men were brought before the county court. To prevent 
 the owner from loss when slaves were condemned to death for 
 crime, it is now enacted that the court should value the slave 
 and the public pay three-fourths of such value to the owner. 
 
 The remaining grievance of 1716, that there was not suffi- 
 cient stringency in the marriage law, was also remedied,^ and 
 due provision made for marriage according to the forms of 
 the Church of England in the parish where the woman is 
 resident. 
 
 A supplementary fee bill, passed this session, fixed the 
 naval officers' fees and provided that officers must henceforth 
 write out their accounts of fees in full.*^ 
 
 Baltimore sent word that he wished an act passed punishing 
 the counterfeiting of the great seal. No such law had been 
 passed since the obsolete one of 1649, and this neglect was 
 now remedied.^ For the future such a criminal must forfeit 
 all his property, receive 39 lashes, stand two hours in the 
 pillory, and be banished forever.* The last important act of 
 the session was caused by a complaint from the Indians of 
 Copangus Town, in Somerset County, that the English dis- 
 turb them by fishing, fowling, hunting, and setting traps for 
 raccoons and the other vermin.^ A proclamation forbidding 
 this is issued to the sheriffs to be read at the court-house and 
 church doors. Formerly all such differences between Indians 
 and whites had to be brought before the governor and council. 
 This is manifestly inconvenient, and for the future an}' justice 
 of the peace may hear such causes where the value does not 
 exceed 20 shillings " sterling. 
 
 In the year 1717 the two commissaries held their first visit- 
 
 1 Act of 1717, ch. 15. Act not to refer to marriages of persons of other faiths. The clergy 
 complained of this law, claiming it was passed through dislike to the clergy. Hawks, 
 p. 152. 
 
 - Act of 1717, ch. 2. The act for ascertaining the bounds of land also receives a sup- 
 plement. 
 
 3 Act of 1717, ch, 9. 
 
 4 Lower house wished to have both his ears cut off. 
 5U. H. J., Jime3, 1717. 
 
 6 Act of 1717, ch. 14. 
 
RESTORATION OK rUOPRTETARY OF MARYLAND. 283 
 
 ations/ Wilkinson, the prudent and judicious Eastcn-n ^hovo 
 man, l)rought together seven clergymen, delivered a sensible 
 charge, and reported that the meeting was successful. The 
 Eastern Shore clergy addressed the Bishop of London a long 
 letter, thanking him for Mr. Wilkinson's appointment and 
 complaining that a threatened division of parishes would 
 deprive the clerg}^ of support and drive them from the prov- 
 ince. Hawks thinks there was more or less of a plan to starve 
 out the clergy, and though this is improbable it must be con- 
 fessed that many of the clergy did all in their power to make 
 themselves obnoxious to the people of Maryland. In this let- 
 ter, referred to above, they regret that the jurisdiction of the 
 bishop through the commissaries is impatiently regarded by 
 the gentry, and ask that the governor be instructed to allow 
 no law to pass, relative to cclesiastical matters, without causing 
 the commissaries or some of the clergy to attend and granting 
 them a hearing. The conclusion of the letter shows how 
 great was the unpopularity of the clergy: "It is a sad truth 
 that we must declare that we have not one friend in the prov- 
 ince, except our governor, to make our application to; nor 
 any access to, nor place, nor employ in the government, nor 
 friend in the world that we know of, but your lordship, to 
 stand by us." 
 
 Rev. Mr. Henderson, an abler and nuich more pugnacious 
 man than Mr. Wilkinson, had a far less peaceful time in his 
 visitation.*^ He gathered twelve clergymen and church ward- 
 ens from thirteen parishes at Annapolis, and propounded to 
 the latter, under oath, a series of queries as to the condition 
 of their parishes. The clergy were then called on to produce 
 their letters of orders and licenses from the Bishop of Lon- 
 don. At this point even Dr. Hawks admits that Henderson 
 "indiscreetly asserted his official importance." On tiie pro- 
 duction of his letters by Rev. Henry Hall, of St. James, Her- 
 ring Run Parish, Mr. Henderson put them in his ])ag to 
 examine them at his leisure.^ Mr. Hall, who held such a 
 station among the clergy that he had been the first person 
 proposed for the place Henderson held, immediately resented 
 this and demanded their return. Henderson unwisely refused 
 to do this, and Hall caused a warrant to ])e issued for their 
 
 1 Hawks' Eccles. Contribs., 11,152. 
 
 2Hawks,pp.ir,4ff. 
 
 ■Kjainbriili's Clnircli Life in Colonial Maryland, p. 85. 
 
284 AMEEICAN HISTORICAL ASSOCIATION. 
 
 recovery. The matter was at once carried by the commissary 
 before the Bishop of London, whom Henderson thought was 
 insulted in his person. The bishop sustained Hall, but ill- 
 feeling had been engendered which did not soon subside. 
 The governor bore testimony to the bishop of HalFs great 
 worth, and most of the clergy sided with him. 
 
 Hart had formerly been a warm friend of Henderson ^ and, 
 as he still continued friendly with Wilkinson, a coldness and 
 suspicion grew up between them. Henderson's course 
 strengthened the already existing predjudice against the exer- 
 cise of the commissaries' powers. It is not surprising to find 
 that Henderson now thought because Hart will not support 
 him, he is not sincere in his advocacy of Protestantism and of 
 the lord proprietary, but Dr. Hawks, in accepting Hender- 
 son's view of Hart's character, attributes an almost impossible 
 Machiavelianism to the governor. 
 
 During 1717 another difficulty arises in Hart's path.- Mac- 
 Namara, the testy attorney, was continually becoming more 
 insolent. He called the council "the Spanish inquisition." 
 He illegally got out a writ of replevin on a sloop and lading- 
 seized by the collector of the Potomac district. When Hart, 
 obeying his instructions to help the collectors, granted a 
 supersedeas, MacNamara in the most insolent manner endeav- 
 ored to obstruct him, sajdng he wished he could see the man 
 that dared grant such a writ. Further, he deceitfully took 
 certain attorneys' fees from another naval officer. 
 
 Finally in the chancery court, on October 10, 1717, while 
 Hart was presiding as chancellor, MacNamara said to the gov- 
 ernor, "You have called me rogue and rascal." Hart denied 
 this, but MacNamara insisted, "You did, to the best of m}^ 
 remembrance." The obstreperous attorney frequently had 
 acted improperly to the court, with threatening words and 
 indecent and irreverent behavior, and frequently, but to no 
 purpose, had he been admonished. Hart will endure no more. 
 "This is contempt, and lessens his lordship's authority and 
 the grandeur of this court by taxing the governor with fal- 
 sity. As keeper of the great seal, I suspend j^ou from prac- 
 tice, save for pending cases of Crown revenue, till due sub- 
 
 1 Hawks, p. 159. 
 
 - Hart's speech tr> upper house, April 25, 1718. Indictments were brought against liim 
 by tlie grand jury for some of these tilings. (U. H. J., May 6,1718.) 
 
RESTORATION OF PROPRTETAKY OK MARYLAND. 285 
 
 mission is made ]\y you." ''I appeal to tlio Kiny in council,'' 
 retorts MacNaniara. "The appeal is g-ranted, but should 
 be made to the lord proprietary," answers the governor. 
 "Then I appeal to him, and ask that the particular facts or 
 instances of misbehavior alleged against me be set out." - On 
 June 22 and July 12 MacNamara had already written to Bal- 
 timore and Guilford, complaining he had been impt^ded in his 
 practice b}' Hart. In answer they write to Hart not to continue 
 this. There had been all sorts of trouble when Charles Car- 
 roll Avas l)eing examined ])\ Hart on behalf of the conuuis- 
 sioners for forfeited estates. MiicNamara, "officiously and 
 without call," interrupted and told Carroll not to answer. At 
 other times MacNamara had used "ill language to another 
 practitioner in the face of the court"' "and indeciMit and con- 
 tumacious tones and gestures" to the court itself. When 
 Hart taxed him with this and rebuked him MacNamara an- 
 swered "I deny it," thus charging the governor with utter- 
 ing falsities.^ At some time or other, in the chancery court, 
 MacNamara publicly told Hart "1 had tried to have you re- 
 moved from your position." As the winter came on matters 
 did not improve. On February 24, 1717-18, in chancery 
 court, in presence of two witnesses, INIacNamara said to Hart, 
 "I am sorry that ever I said anything which might offend the 
 governor, but I will not beg the connnissioners' pardon." 
 Yet this speech he now denies, and thus again indirectly gives 
 Hart the lie. When Hart suspended him from practice IVIac- 
 Namara said, "You are both judge and party in the case," and 
 circulated the false report that Hart had unmercifully beaten 
 him. 
 
 When the assembly met on April 22, 1718, Hart ^ gives the 
 upper house a full account of his difficulties w^ith MacNamara, 
 and refers to them in his address to both houses. He asked 
 them whether MacNamara's insolence should be exempt from 
 punishment, seeing he has given this Government disturbance 
 for almost as many years as he has Ijeen in it. JNlacNamara 
 heard of this and at once went to the clerk of the lower house 
 and demanded a copy of Hart's speech. When the clerk did 
 not comply MacNamara threatened to extort it, and spoke dis- 
 
 iL.H.J.,May7,171<S. 
 
 2 In the fall of 1717 Hart issuod proclamation forbidding illicit trade, but writes to 
 England that he knows of no such trade in Maryland. 
 
286 AMERICAN HISTORICAL ASSOCIATION. 
 
 respectfully of the house. For this he was at once summoned 
 and stated he remembers using no such expressions, and is 
 sorry if he has done so, attributing it to the eti'ect of the wine 
 he had been drinking.^ He was excused, but the lower house 
 showed its position in the matter clearly on April 28 in their 
 answer to Harf s address. They speak of MacNamara's '' plot- 
 ting, uneasy, and revengeful temper," of his ''proud and 
 turbulent behavior," and thoroughly approve of Harfs suspen- 
 sion of him from practice, as necessary to preserve proper 
 decorum. This is strong language, especially when we re- 
 mem])er MacNamara was formerly clerk of the house. They 
 thank Hart for his promise to support all magistrates, and 
 promise to do all they can to support him. 
 
 Apparently, in two letters,' Baltimore and Guilford had 
 expressed approval of Hart's action in the matter, and these 
 letters meet with the warmest commendation on the part of 
 the assembly.'^ The lower house thinks this conduct of the 
 proprietary will discourage such as for the future shall fly in 
 the face of Government, and that MacNamara's troubles came 
 "purely through his own haughty ambitious temper and ill 
 conduct." 
 
 Further complaints against the turbulent MacNamara pour 
 in. Bladen,* the attorney-general, says he overcharged fees 
 as naval officer of the Patuxent.^ The justices of the provin- 
 cial court'' lay complaint that he is a person of "turbulent, 
 refractory, haughty, and abusive temper," who had been 
 already once suspended from practice. The whole course of 
 his life is so turbulent and disorderly that he hath very rarely 
 been clear of some criminal prosecution in the provincial court 
 for many years, though his artful, audacious management of 
 the subtle and tricking part of the law hath often freed him. 
 "We will no longer hold our places," they say, "if so turbu- 
 lent and insolent a person be allowed to practice. 
 
 Baltimore, in a letter to MacNamara, seemingly advised him 
 to submit to Hart, and added, "we are willing the people of 
 our province should reap the benetit of that capacity and 
 
 ' L.H.J .April 24,1718. 
 
 - Dated November 16, 1717, and February 4, 17^. 
 au H.J. , April 28, May 10, 1718; L.H. J.,April 29, 30. 
 ^Captain Pulsifer also charges this (U. H.J. , May 7,1718). 
 ■L.H. J, May 2,1718 
 
 6 William Holland, Samuel Young, Thomas Addison, Richard Tilghmaii ( U. H. J., May 5, 
 1718). 
 
RESTORATION OF I'KOI'RIKTARY OK MARYLAND. 287 
 
 Utilities your cnemios allow you have to «erve your cruMits." 
 But he would not bend. The upper house sent for hlni on 
 May 5, but received no submission from him.' Something 
 nuist be doiu'. The upper house suggests the passage of a 
 hill prev(Miting him from the practice of law. The delegates 
 at once accept the suggestion and the bill is passed. With it 
 are incorporated certain provisions for better supporting the 
 magistrates in the administration of justice.^ 
 
 The clergy call for more attention of the asseml)ly at this 
 session than at any other in Hart's administration. At the 
 same time that the legislature met, the clergy were convened 
 in Annapolis at Hart's summons, that the good government of 
 the church may promote and propagate true religion and vir- 
 tue.^ When they were met in the library, Hart addressed 
 them, twenty in number, and called attention to the fact that 
 the commissaries had found difficulty in executing their com- 
 missions, through the constitution of the province and the 
 natural situation of the country, filled with great rivers and 
 creeks. He asks them to do what is fitting and to present any 
 grievances to the assembly. The '^Jesuits and other popish 
 emissaries are prevailing by their insinuating arts upon the 
 weak and ignorant," and are '^ vigilant in gaining proselytes 
 and seducing the unwary." He advises the commissaries to 
 "use methods of mildness and gentleness and the clergy to 
 show by their unity and brotherly love they are the disciples 
 of the prince of peace and concord." 
 
 The clergy return a grateful answer,* regretfully acknowl- 
 edging that "popery" is increasing. They speak of their 
 "deep sense" of Hart's goodness and favor to them and his 
 zealous inclination for the propagation of our most holy relig- 
 ion "and of their deep feeling of gratitude '' to him. Hart 
 replies, saying, more definitely than before," that the clergy 
 should speak plainly concerning the necessity of some legisla- 
 tive sanction to the exercise of the bishop's jurisdiction in 
 Maryland. In this action Dr. Hawks thinks Hart was hypo- 
 critical and tried to fortify himself in popular favor by cast- 
 ing odium on the clergy. He adduces no proof of this, 
 however, and there was no possible reason for such a line of 
 
 1 U. H. J., May 7, 1718. » Hart's message to lower house, April 29, 1718. 
 
 2Actof 1718,ch. 16. 4 Hawks 11, p. 161. 
 
 5 So Hawks says. I have not seen the reply. 
 
288 AMERICAN HISTORICAL ASSOCIATION. 
 
 coiidiu-t. Hawks has undoubted!}^ attached too much import- 
 ance to the disappointed vaporings of Henderson. The latter 
 is said to have opposed having the convocation take anj'^ action, 
 fearing a failure. Gamln-all, however, well sa3\s that Hender- 
 son was one cause of the failure,^ for the people did not wish 
 to place ecclesiastical jurisdiction in the hands of a man whose 
 actions had been such as those of Henderson toward Hall. 
 It is noticeable that the clergy insisted that Henderson must 
 withdraw all charges against Hall, and that several of them con- 
 tributed to the failure of the attempt to establish ecclesiastical 
 jurisdiction by telling the delegates that ''the act was tyran- 
 nical and would be the means of driving people from the church 
 to the Roman Catholics and the Quakers." 
 
 The clergy submitted'^ to the assembly the following re- 
 quests: (1) That the jurisdiction and authority of the bishop 
 of London be recognized by the assembly; (2) that the prov- 
 ince pay the salary of a writer to record the commissary's 
 proceedings; (3) that the sheriffs may serve citations for the 
 clergy; (4) that church wardens who attend the commissary's 
 visitations, with difficulty crossing creeks and rivers, be 
 allowed their traveling expenses from the parochial charges, 
 and (5) that the commissaries and other clergy may be allowed 
 to cross ferries free at all times. Hart sent this paper to the 
 assembly. The upper house seems to have been willing to 
 accept the propositions. The lower house,^ however, felt that 
 the ecclesiastical jurisdiction might overlap the law courts and 
 be grevious to the people, that consideration of the matter 
 would take time, and that at present it wlas impracticable to put 
 ecclesiastical laws in force.* It was the only attempt to carry 
 the idea of a state church to its logical conclusion, and it 
 fortunateh^ failed at the very outset. 
 
 The religious question was a most important one. Hart 
 had hoped Ho have the rest of his administration peaceful, 
 that he might wholly work for the welfare of the province, 
 but found that "the restless and turbulent spirit of the Papist 
 
 1 Church Life in Colonial Maryland, p. 80. 
 
 2U. H. J., April 30, 1718. The bishop had written to the commissaries, leaving such 
 application to their discretion. Wilkinson read his letter, against Henderson's advice, 
 who said the opponent would claim the bishop was indifferent to the plan. (Hawks 11, 
 163.) 
 
 ■' Hawks II, 164, says one-third lower house were dissenters. 
 
 4L. H. J., Mays, 1718. 
 
 5 Hart's speech, April 22, 1718, to assembly. 
 
RESTORATION OB' PROPRIETARY OF MARYLAND. 289 
 
 party still persecuted tiiid defamed him,'' because he opposed 
 their claim of an equal share in the administration of govern- 
 ment and requir(Hl them to qualify l)efore they could execute 
 office. MacNamara joined with Carroll in complaining to the 
 proprietary^ against Hart, and the}^ tried to make people believe 
 there was no law nor justice under Hart's government. So 
 Hart tells the assembly. Carroll,^ ''that prof est Papist and 
 first fomenter of the late disturbances, having acquired vast 
 estates by the offices he formerly employed and his practice of 
 law," was " not contented to enjoy this affluence of fortune with 
 more indulgence than he could expect anywhere else," but must 
 "add ambition of rule to his former felicity." It is obvious 
 to all, "save those willfull}^ blind, what steps the Romanists 
 take to introduce themselves into the province. " ' ' Indefatiga- 
 ble in their designs," instead of sitting down after their first 
 repulse, "contented and easy under the protection of the 
 government," they calumniate Hart in their disappointed 
 rage. The emissaries sent by them to London were verj' active 
 against Hart and exclaimed in bitter terms of the persecutions 
 of the Roman ('atholics in Maryland and "how cruel manner 
 they were treated in, and even debarred the libertj^ of a free 
 commerce." They unfairly got the opinions of three eminent 
 lawyers against the act for suspending the persecution of 
 Papist priests, but Hart told Baltimore the truth. An answer 
 from Baltimore^ sustaining Hart has been received: We "are 
 so far from imagining that an}^ countenance should be given 
 them in that pernicious practice of perverting people to the 
 Romish superstition that we very well approve of the laws 
 made to prevent it." "In the name of God, gentlemen of 
 the assembly," cries out Hart, ''inquire into these things and 
 make an impartial representation of the truth." 
 
 The addresses of the tw^o houses^ in answer to this are filled 
 with expressions of devotion to Hart. The council speaks of 
 his •' prudent conduct in the late conjunction of affairs, whereby 
 the dark intrigues and secret machinations of popish faction 
 are in a great measure defeated," and states that they feel 
 
 1 Carroll had refused to issue patents for land, but when paid one-half the fees of the 
 seals and with the test " our trusty and well-beloved Charles Carroll, esquire, his lord- 
 ship's chief agent of our land oflices." Hart said this was derogatory to the offiee of 
 keeper of the great seal, and refused to permit it. The lower house supported Hart and 
 said the people entitled may sue Carroll for their patents. (L. H. J., May 5, 1718). 
 - Baltimore's letter of November 16, 1717. 3 u. H. J., April 26, 1718. 
 
 HIST 99, VOL I 19 
 
290 AMERICAN HISTORICAL ASSOCIATION. 
 
 secure against the "further attempts of that restless and 
 ambitious party." They warn them that they will lose their 
 present quiet, "if they continue." Hart's enemies are only 
 the friends of a popish establishment, inflamed by disappoint- 
 ment and centering their malice on Hart. They spread 
 rumors that Baltimore was favorable to them. With rather 
 remarkable boldness, the council express the hope that the 
 proprietary will look upon that body as best qualified to give 
 advice and tell of the true state of the province and will not 
 lean on representations from other quarters. They signifi- 
 cantly add: The " restless spirits of a popish enterprising fac- 
 tion" might endanger the proprietary's position if they were 
 allowed a voice. 
 
 The lower house ^ praises Hart's "steady and prudent con- 
 duct of afi'airs" and his "unbiased methods" of administra- 
 tion. They feel that the Roman Catholics have no right to 
 further indulgence, and that it might be well to repeal the 
 Maryland laws against Popery, that the sterner English ones 
 might come into force. " Papists under a Protestant govern- 
 ment," sa}^ the delegates, " if listened to, will not be without 
 complaint, more than fire without warmth or water without 
 moisture." In all Hart's administration the strictest observa- 
 tion can find only justice and "universal satisfaction to all 
 His Majesty's faithful Protestant subjects." 
 
 An address of both houses to Hart is adopted and an appro- 
 priation of £200 made to recompense him for the expense he 
 has been put to in resisting the attacks of the Romanists.'^ 
 The milder Maryland statutes are repealed^ and the Roman 
 Catholics come under the harsher English law. Another act,* 
 the first of the session, by which the electoral franchise is 
 taken from all Roman Catholics, is hurriedly passed, that a 
 special election for delegates at Annapolis may be held under 
 it. In approving it, Hart says: 
 
 I take it to be highly unreasonable the Papists and their adherents, who, 
 whenever it is in their power, show such a notable disaffection to our 
 laws, should be permitted to vote for the election of members of the lower 
 house. 
 
 These oppressive laws were in force throughout the whole 
 
 iL. H.J. , April 28,1718. 2 L. H. J., May 9,10. s Act of 1718, ch. 4. 
 
 <Act of 1718, ch.l; L. H.J.,April 29,30,1718. It was urged that without this law the 
 Roman Catholics might occasion groat disturbance by electing themselves or their adher- 
 ents as delegates. (L. H. J., April 26, 1718.) 
 
RESTOKATION OF PROPRIETARY OF MARYLAND. 291 
 
 proAnnc'iul ptM-iod of MuiTlancrs hi.story. Thoir intolerance 
 has often been eondeninecL' Their passage has been explained 
 by no pi-evious historian. Thoiig-h we must admit there was 
 much to ext(Muiate the conduet of the asscniibly in passing 
 these laws, which simply made the condition of Roman Cath- 
 olics in Maryland similar to that of those in England, we 
 agree with McMahon that " the Catholics were taxed to sup- 
 port a religion and government to which they were emphat- 
 ically strangers. " ^ 
 
 Just before adjournment the assem])ly •' adopted an address 
 to the proprietary. The}^ thank him for his kindness and 
 express gladness that he is so good a Protestant, though the 
 " assiduous endeavors of a restless faction " tried to prove the 
 contrary. They tell him that the Roman Catholics are mem- 
 bers of that party " which kicks against government," and 
 explain why the new measures against them were adopted. 
 "The penalties of the English law are greater than we wish 
 to use, if these gentlemen will demean themselves quietly 
 and peaceably;" and this was true, for the Roman Catholics 
 rarely, if ever, incurred the full rigor of the law, though it 
 remained on the statute book. 
 
 At this session comes into notice a third opponent of Hart, 
 Maurice Birchfield, collector of the customs. The committee 
 on grievances complain that he summoned to the chancery 
 court, without demand or notice, in " immethodical manner," 
 many who had small dealings with London merchants and some 
 who had never dealt with them.* This he did from the avari- 
 cious and litigious temper of MacNamara, his attorney, 
 "desiring to increase the fees." The assembly complained of 
 it in the address to Baltimore.'^ 
 
 As usual, we find the report of the last session's grievance 
 committee acted on at this time. There were three points in 
 this report. The first was that executors and administrators 
 were not obliged to deliver the estate to the heirs till accounts 
 are fully stated.'' This might not be done in seven 3"ears. 
 The committee suggested that the heirs should receive a pro- 
 portionate part of what appears to be due, on the rendering 
 
 1 E. g., by Scharf, 1, 370, 383. s l. h. J., May 10, 1718. 
 
 2 History of Maryland, 281. < L. H. .I.,May 5, 10, 1718. 
 
 50n Hart'.s advice. (U. H. .1., May 9, 1718.) Baltimore says he'll lay case before the 
 commissioners of the customs. (U. H. .1., May 11, 1718.) 
 6L.H.J., June 7,1717. 
 
292 AMEKICAN HISTORICAL ASSOCIATION. 
 
 of the first account, and (if full age) give security to refund a 
 proportionate part of any claims proven against the estate/ 
 This recommendation was favorably received at the next ses- 
 sion, and a law passed authorizing heirs and legatees, twelve 
 months after the death of the one from whom they inherit, to 
 demand their shares of the estate from the executors or 
 administrators.^ 
 
 The third grievance ^ was that public business in the several 
 courts was delayed often for six or seven years, thus dis- 
 couraging suitors and often forcing them to agree their causes 
 to their great disadvantage. The committee suggest the pas- 
 sage of an act obliging county courts to determine cases in six 
 months'. time, the provincial court in twelve months, and the 
 court of chancery and the governor and council in eighteen 
 months.* The suggestion was accepted, though the periods 
 of time were changed, and an act was passed to "limit the 
 continuance of actions," and to ascertain "the manner of tak- 
 ing the evidence of seafaring men," and to grant "appeals 
 from the chancery court to the governor and council."'' 
 
 The revenue question, of course, came up, this time with 
 reference to the 8 per cent deduction from the 18d. per hogs- 
 head. Baltimore, in his letter of "November 16, 1717, said 
 that he expects the restoration of this. The lower house ^ 
 answers that the money was raised conditionally for Balti- 
 more's use and not for defraying the public charge, and when 
 he accepted it the assembly wholly resigned their interest 
 therein. But if Baltimore had refused, the money would have 
 been applied to the use of the public. Naval officers then 
 would have had the right by law to deduct their salary of 
 
 1 Also that no injunction against orphans remain undetermined over two courts. 
 
 2 Act of 1718, ch. 5. 
 
 3 The only new grievances noted at this session are that, on rehearing a case in chancery, 
 the same judges are present as passed the decree, and that feigned recoveries of lands 
 are practiced. (L. H. J., May 6, 8, 1718.) 
 
 i L. H. J., April 29, 1718, May 5, 7 ; act of 1718, ch. 10. 
 
 6 There were nineteen acts passed this session. Eleven of these were strictly private, 
 and another (ch.3) permitted John Steele to hold office, though he had not been three 
 years in the province. (U. H. J., May 6, 1718.) The bounds of land act was amended and 
 reenacted. (Ch. 18.) It may be added that the assembly was generally careful not to pass 
 a private act unless the parties had notice (L.H.J.,May 1, 1718) , and that they rarely, if 
 ever, interposed if there was a common-law remedy. (Vide U. H. J., May 3,1718.) April 2, 
 (L. H.J.), Monason, King of Asotage, and his Indians petition for something (L. H.J., 
 May 1), but apparently without result. One private act, that for the relief of certain 
 languishing prisoners, debtors, raised some discus.sion as to whether the sheriff or gaolers 
 should have any fees for them. (L. H. J., May 7,8,1718.) The treasurer was ordered to 
 procure £20 worth of paper, parchment, and ink powder for public use. 
 
 sVideL.H.J., Junes, 1717. 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 293 
 
 8 per c'lMit iitrain.st the pu))lie. Bultiinore took it under the 
 like incumbrance. The dispute, if any, is not between Balti- 
 more and the as8em])ly, but ])etween Baltimore and the offi- 
 cers. This was an adroit shifting- of g-round.^ The upper 
 house, however, suggests that it would be well to give the 
 8 per cent to Baltimore, to maki^ him look favorably upon the 
 assembh" proceedings, and this is done by majority vote of 
 the delegates. The}^ give up none of their claim to the right, 
 but grant the mone}' as a ftiAor to Baltimore, for his goodness 
 in admitting good laws. 
 
 Hart's health did not improve, and in the winter of 1718-19 
 he petitioned Baltimore that he might be absent twelve 
 months for his health.' Leave was granted by the Crown ^ 
 and by Baltimore, but Hart did not take advantage of it. 
 Probabh' the troubles with MacNamara caused him to remain. 
 This troublesome man appealed to England, and on his rep- 
 resentation of the matter Lord Baltimore vetoed the act dis- 
 barring him as an ex post facto one.* He told Baltimore 
 that the assembly which made the law '' did not summon him 
 before it, but acted with such secrecy that he only heard of it 
 by accident, and that his petition to have opportunity of 
 justifying and defending himself was denied. On this partial 
 and false statement Baltimore took the advice of three of the 
 most distinguished lawyers of the da3\" They all advise him 
 to veto the law, one of their opinions going so far as to say 
 he " never heard that the legislature of any civilized country 
 ever passed an act so arbitrary and unjust as this seems to 
 be." ^Vithout trying to get a statement of facts from the 
 legislature, Baltimore vetoes the bill. He does, indeed, sug- 
 gest that he would approve a general act for better supporting 
 the magistrates. 
 
 Upon receiving this news Hart at once calls the assembly 
 together, although at an inconvenient time of the year.^ In 
 the beginning his speech at the opening of the assembly on 
 Ma}^ 14, Hart refers to the veto, and tells the legislators that 
 if MacNamara, or any other, be suftered to insult the courts 
 
 1 U. H. J., May 10, 1719. 3 on March 19, 1718-19. 
 
 2Vide L.H.J., April 1.^, 1720. <U.H.J., May 1-1, 1719 
 
 s Hart says MacNamara did not appeal to the upper house nor to him before the pas.s!ige 
 of the act. (U. H. .1., May 11, 1719.) 
 
 oU. H.J.,May 15, 1719, John Huivgerff)rd, Thomas Pengelly, Edward Nortliey. Northey 
 said if MacNamara was guilty he should make submission to the courts. 
 
 " Robert Ungle was chosen .speaker by a majority vote, and Michael Jenifer clerkTif the 
 delegates. This was a new assemlily. 
 
294 AMERICAN HISTORICAL ASSOCIATION. 
 
 with impunity, as he has so often done, it will destroy the 
 very essence of all authority and power, principally instituted 
 to pull down and punish the haughty and bad and support 
 and cherish the humble and good. He advises the legislature 
 to repass the law so amended as to meet Baltimore's objec- 
 tions. 
 
 The second point in his speech refers to the other great 
 quarrel, that with the Roman Catholics. Baltimore and 
 Guilford have written that they are displeased at the indis- 
 creet and malicious proceedings of this party against Hart, 
 who feels bound by public utterance to disabuse all of the 
 notorious untruth that he has persecuted them. All he has 
 done has been to endeavor to prevent "their employing of 
 offices or having any influence, either publicly or privately, 
 on the administration of this government. " ^ This has been 
 his indispensable duty as governor, and he challenges any to 
 show when he has gone beyond this and persecuted any for 
 conscience sake. Roman Catholics have never yet been dis- 
 turbed under the protection of this Protestant government, 
 but must not intermeddle with the ministerial part of the 
 government nor proselyte Protestants. They have nothing 
 better to hope from Lord Baltimore when he comes of age.^ 
 
 Turning to measures of more local character. Hart recom- 
 mends that the return of juries be better provided for bylaw, 
 since the lives and fortunes of the people depend on the integ- 
 rity of juries. In England no commoner is too good to be a 
 juryman; so should it be in Maryland. 
 
 Hart urges upon the assembly the importance of good 
 roads. The thing speaks for itself, but there is not a suffi- 
 cient penalty allowed by law to be inflicted by road overseers 
 on those who disobey them, and only the meanest of the 
 people are appointed overseers. No man should be too good 
 to serve his country. Especially provision should be made 
 for the great road through the heart of the province, which 
 is the usual and shortest passage for travelers to and from 
 the other colonies.^ 
 
 1 He says not all the Roman Catholics have been against him. 
 
 2 The upper house (May 18) says the Romanists have built on the nearness in blood of 
 Baltimore to some gentlemen of Romish communion. 
 
 3 A bridge over the Patuxent at Queen Anne Town and a road over the Kent Marshes 
 are recommended. 
 
 Five years earlier, October 5, 1714, Hart threw an interesting side light on means of 
 transportation in Maryland, in suggesting that a provision for certain convenient places 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 295 
 
 The act offering a bounty on squirrels should be repealed, 
 as the war made on these little animals cost the country in one 
 year £7,000 sterling-,' The last suggestion in the speech is 
 one concerning the returns of taxables. All who receive pro- 
 tection of the laws should bear an equal proportion of the 
 charge, and it does not seem to Hart that the increase in the 
 number of taxables corresponds with the happy increase of 
 youth and the vast importation of Europeans and negroes. 
 His final sentence is one of the most remarkable to be found 
 in the annals of colonial governments: 
 
 As you are, I thank God, a free people, so may you accept or reject what 
 I now deliver to you, as you shall find it for the conveniency or inconve- 
 niency of your country.^ 
 
 Eighteen acts were passed at this session. Of these seven 
 were private. The act against MacNamara was passed a second 
 time.* In the answer to Hart's speech the upper house say 
 that they think MacNamara purposely made no application to 
 them that he might appeal to England. This address, as all 
 from that body to Hart, is extremely grateful and cordial in 
 tone. The lower house is fully as loyal to Hart, and expresses 
 much more indignation at the opinions of the lawyers, stating 
 that these opinions are worthless, because their authors did 
 not know the facts. MacNamara had not been heard in person 
 before the lower house of assembly because, though they 
 believed he had knowledge of their first vote, he made no 
 application to them until the bill had passed beyond their 
 hands into those of the upper house.* Furthermore, the 
 court in which MacNamara pleaded had condemned him. To 
 admit him to a hearing would be to question the veracity of 
 
 of landing would lower freight charges and give ready dispatch to shipping tobacco in 
 good condition for an early market, which is the life of the province's commerce. Also, 
 sailors would no more have to " rowl " the hogsheads for many miles, which is not 
 " only destructive to navigation, but is a slavish labor unworthy the native liberties of 
 Englishmen." The masters of ships made an unsuccessful petition to the same effect at 
 this session. (L. H. J., May 21, 1719.) 
 
 1 May 25, lower house refused to repeal or amend it. 
 
 ~ L. H. J., June 4, 1719, Evan .Tones was given leave to print the laws made this session 
 with the governor's speech, answers, and the several addresses, vide July 30, 171.5, when 
 he petitioned to write the laws. 
 
 3 Act of 1719, ch. 17. The lower house committee of laws say that the act is not a bill 
 of indictment, and therefore not void for uncertainty, and that the legislature is not 
 tied to common rules of justice. Courts in which MacNamara practiced condemned him, 
 and out of diffidence in their own pcjwer asked the legislature to aid them. 
 
 ■tHe never petitioned the upper house. This, say the delegates' committee of laws, 
 argues "sense of guilt or resolute obstinacy." , 
 
296 AMEKICAN HISTORICAL ASSOCIATION. 
 
 that court without cause, and would make the justices parties 
 or defendants in a matter whereof the law made them judges 
 and where the facts are notorious/ The ver}^ essence of au- 
 thority and government are nearly concerned here. If there 
 is yielding now, any lawyer may summon the whole country, 
 as suitors, to Great Britain, where they can not with conveni- 
 ency appear to prove their allegations. The constitution is 
 not worth supporting, if neither court nor country are capable 
 of judging the demeanor of one attorney. MacNamara may- 
 be a barrister, but in Maryland he has only appeared as an 
 attorney and should be punished, as any inferior court has 
 power to act toward an attorney misbehaving before it. 
 The lower house ^ committee on laws go on to say: 
 
 If the legislature can not redress the country's grievances and remove 
 nuisances, and they found him both, if this man must be supported in his 
 practices, in spight of courts and country, * * * especially as there is 
 no encouragement by fees or pensions for judges, and the positions are a 
 great burthen, every one qualified will try to avoid them, rather than 
 tamely submit to lies and affronts, or drag themselves into tedious and 
 chargeable contests, then we are not so happy in our constitution as we 
 had hoped for, for what impartiality can there be in judges, where, if they 
 oblige not resenting counsel, they are abused or affronted or become 
 objects of his revenge? 
 
 In the address to Baltimore, adopted at this session, the 
 assembly refers to the trouble with MacNamara, and states 
 that to pass the disbarring act was the only way of effect- 
 ually discouraging this generally troublesome person. The 
 act for better supporting magistrates in the administration of 
 justice is passed separately, so that if Baltimore reject the 
 one the other may be saved. Reference is made to the fre 
 quent insults given to magistrates, and authorization is given 
 them to fine officers.'' 
 
 In regard to the troubles with the Romanists, the two 
 houses support Hart most warmly. The upper house says 
 there is no religious persecution in Maryland, " unless whole- 
 some laws to preserve life or property be persecution of felons 
 and murtherers, a principle of so horrid and salvage a nature 
 
 1 Hart apparently alludes to MacNamara in his speech of April 5, 1720, when he refers 
 to " one now dead, who with horrid execrations said he did not doubt to see me as fast 
 in prison as ever he was (who had been so for murder and other crimes) and my inno- 
 cent children set a begging." 
 
 2 L.H. J., June 4,1719. 
 
 3 Act of 1719, ch. 4. 
 
RESTORATIOISr OF PROPRIETARY OF MARYLAND. 297 
 
 that every comiiuuiity of reasonable creatures will explode it 
 as destructive of all civil society." The analogy is far- 
 fetched, but there is no doubt of the house's meaning. 
 
 The lower house is astonished at the "monstrous structure 
 raised by the partial clamors of Papists. " Reference is made to 
 the fact that the laws of Great Bi'itain are more severe agamst 
 Roman Catholics than those of Marjiand. The}^ complain 
 against the justice and lenity of Hart's administration, only 
 because he opposed their attempt to hold the prime offices in 
 this province. The Romanists ha^'c endeavored to subvert 
 the government and pervert the more unthinking of our peo- 
 ple by alluring them to the superstition of their church. Thus 
 Hart and the assembh^ have been forced to act defensively.^ 
 Long may the province continue "under the conduct of so 
 unbiased a ruler." 
 
 In pursuance of the recommendation as to juries, an act is 
 passed that each jury may receive 120 pounds of tobacco for 
 each cause and an additional per diem of 15 pounds of tobacco 
 per juror. If any suitor give more, he is to be fined. This is 
 evidently to prevent embracery, and also is a far less impor- 
 tant act than the one Hart recommended. The lower house 
 said there was no instance of the sheriffs failing to return the 
 best and most understanding freeholders as jurors. 
 
 As to roads, the delegates say the law needs no amendment, 
 but rather enforcement, and that the several counties should 
 make all the roads. Road making should not I)e a provincial 
 charge. The recommendation as to the return of the taxables 
 was looked on favorabh", and a more stringent law was passed 
 which remained in force for many years. Single freemen 
 without settled place of residence had not lieen returned by 
 emploj^ers, as not being members of their families, and so 
 have paid no tax.*^ For the future they must procure a house- 
 keeper to give them in as taxables, or be committed to the 
 sheriff's custody.'^ Other important acts of the session were 
 those for the encouragement of an iron manufacture,* and for 
 the administration of intestates' estates, providing that a strict 
 accountina" be made of the residue of each estate and that 
 
 1 Reference to this matter in address to Baltimore, June 6, 1719, last day of the session. 
 ^ Act of 1719, ch. 3; U. n.J., May 30, June 1, 2, 1719. 
 :< Act of 1719, eh. 12; U.H. J., May 29, 1719. 
 * Act of 1719, ch. 15. 
 
298 AMERICAN HISTORICAL ASSOCIATION. 
 
 it be not embezzled by the administratosr, who were often 
 creditors of the deceased.* 
 
 The committee on aggrievances ^ reported early in the ses- 
 sion that when servants run away from masters in other colo- 
 nies they will often lose the servants rather than pay the 
 fees. In such case there is no provision as to the disposi- 
 tion of the servants. To remed}^ this state of things, an act 
 is passed providing that the sheriff may sell such servants 
 by public vendue and pay the fees out of the produce, only 
 accounting to the owner for the residue.'' 
 
 The last act of this session* was one regulating officers' 
 fees, and Hart's action on this occasion was looked back to as 
 a precedent in the later quarrels over fees, even down to that 
 latest and greatest conflict when Governor Eden and the dele- 
 gates struggled in a fierce contention which only ended when 
 Maryland ceased to be a province and became an independent 
 State. The old fee bill expired at this time and Hart sug- 
 gested to the assembly that, as he had no instructions about 
 fees and Baltimore had expressed his intention to come in 
 person to the province, the former bill be continued^ until 
 Baltimore comes of age, on September 20, 1720. The upper 
 house agreed to this, but the delegates said the present fees 
 are so great an oppression to the inhabitants that they rather 
 inclined to be without a law for that purpose till the arrival 
 of the lord proprietary than longer to groan under such hard- 
 ships." The upper house said in reply that by awaiting Balti- 
 more's arrival in the province they will have an opportunity 
 to argue the reasonableness of things with him, and what will 
 then be done will be lasting. They agree that some oflices are 
 grievously burdensome, but consider it better to continue the 
 old act for so short a time rather than involve the country in 
 great difiiculties. 
 
 The lower house refused to agree to this. The act has ex- 
 pired.^ Bart directs the man who affixes the great seal to 
 
 1 Vide May 25, L. H. J.: If no heirs, residue to public schools. This was all that was 
 done for education at this session. (June 2, L. H. J., act of 1719, eh. 14.) 
 
 -L. H. J., May 23, 1719. A bill against the villainies of imported servants was intro- 
 duced, but did not pass. (U. H. J., June 3, 5, 1719.) Importers of convicts were ordered to 
 give bond for their good behavior. (L. H. J., June 3, 1719.) 
 
 SActof 1719, ch. 2. 4 Ibid., ch. 18. ^U. H. J., June 1, 1719. 
 
 «L. H.J. .June], 1719; U. H. J., June 3, 1719. 
 
 ' Bacon says. May 20, 1718, "If .so, the province had already been a year without any fee 
 law." 
 
EESTORATION OF PROPRIETARY OF MARYLAND. 299 
 
 documents not to do so without the fee indicated in the old 
 law. This is government by executive authority. 
 
 The next day the upper house ' again addressed the dele- 
 gates. 'Are not you too positive in resolving to deprive the 
 country of the benefit of the former law, which did somewhat 
 restrain the officers? Some fees are too high, but the bill jon 
 would have us pass abridges the perquisites of some officers so 
 as not to afford sufficient support for the stations of the per- 
 sons who execute them. It is an ungrateful return to Balti- 
 more and Hart for their ftivors, to lessen extravagantly the 
 revenues of their officers. Why could not we have a joint 
 committee on the matter? Our house is as much a part of the 
 legislature as yours, and has the interest of the country as 
 much at heart. We wish to be just to all.' The lower house 
 at once agrees to a conference, and the report of this com- 
 mittee, made on the following day, is at once adopted by ])oth 
 houses.^ Hart agrees to pass the bill if limited to three years, 
 or to the first session after Baltimore's arrival. This is done, 
 and the bill thus passed was in force by continuances for some 
 six years. The whole procedure shows the reasonableness of 
 both parties. Hart^ announced, however, that Philemon 
 Lloyd, deputy secretary of Maryland, formally protests in the 
 council against this bill, saying that by depriving the secre- 
 tary of so large a part* of those perquisites intended by Bal- 
 timore to be a handsome support for him, it is an infraction of 
 his rights, and will encourage all litigious spirits in molesting 
 and harassing their innocent neighbors with vexatious suits 
 upon slight and frivolous grounds. 
 
 Peace has been made with the Tuscaroras. The delegates 
 thank Hart for this and for his great care in cultivating and 
 preserving good friendship with the bordering Indians. They 
 vote a present of iJlO currency to the Tuscaroras. The great 
 men of the Nanticokes, Panquash, and Annatoquin complain 
 that a white man has settled on their lands at Checkacone. 
 
 1 U. H. J., June 4, 1719. The lower house, May 28, asked its committee of hivvs to pre- 
 pare a bill against the purchase of offices. The bill did not pass, owing to upper house 
 amendments. 
 
 - U. H. J., Apr. 21, 1720. Baltimore refuses to approve this bill, June 5. 
 
 3In spite of their good will toward Hart, the assembly refuse to make one Humphries, 
 a particular friend of Guilford and Baltimore, and recommended by them capable of 
 holding office, before he had been three years in the province. They suspended that law 
 once for each governor, they say, and the favor (case of Steele) had already been done 
 for Hart. 
 
 ■•He estimated it as one-fourth. 
 
800 AMERICATSr HISTORICAL ASSOCIATION. 
 
 The Choptanks also complain that the English have encroached 
 upon their lands, so they are all driven into Locust Neck.^ 
 The intruders are ordered to remove, and three men are ap- 
 pointed to decide differences between Indians and whites on 
 the Eastern Shore, *^ but, alas, nothing was done with reference 
 to the complaint of the Nanticokes that the English bring 
 strong drink to their towns and sell it to their great prejudice. 
 
 The relations between Hart and this assembly were so 
 friendly that at the conclusion of this session a present of 
 <£200 currency is made to him as a partial reimbursement for 
 the great sums of money he has spent for the provincial inter- 
 est, and because he has been kind and serviceable to Maryland. 
 
 All seemed to think this was to be Hart's last assembly, but 
 he was yet to summon another session. After nearly a year 
 more he met with the legislature on April 5, 1720 The ses- 
 sion lasted until the 22d, but its contribution to the statute 
 book was a small one. Fourteen acts were passed. Of these 
 ten were strictly private.^ One continued the ordinary act for 
 a year, a second provided for the public levy, a third con- 
 tinued the gauge act for a year, and the fourth concerned the 
 governor's salary. There seems to have been a restlessness 
 and discontent in the assembly and a trifle less of cordiality 
 toward Hart. In opening the session Hart asks that the 
 gauge act be continued, and refers to it as a considerable 
 achievement of his administration. 
 
 As this is his last session. Hart reviews his course toward 
 the Roman Catholics. The " Papists " still seem to keep on foot 
 their pretense to hold all offices, as the Protestants do. He 
 has been a memora])le instance of the effects of popish malice, 
 and now doubt not that the}^ await his departure as a more 
 favorable conjecture to put their designs into practice. He 
 traces the course of his struggle against the claims of Carroll, 
 "who by principle is an enem}^ of the Protestant constitution," 
 and the conflict with MacNamara. If these men have acted so 
 to the governor, what would they do to Protestants if they 
 had the power? The Roman Catholics might have been peace- 
 
 lU. H. J., May 18, 1719. 
 
 ^April 8, 1720, Philip Thomas, of Anne Arundel County, says his servant has run away 
 to the Tusearoras, who are ordered to give him up. 
 
 3 In explanation of the large number of private acts, on April 21, 1720, the assembly 
 tells Baltimore that the Infancy of the country does not permit such extensive adminis- 
 tration of courts of justice, but that in some cases the assistance of the legislature may 
 be absolutely necessary to supply defects of law. 
 
RESTORATION 0¥ PKOPRIETARY OF MARYLAND. 301 
 
 fully happy if thoy had not interfered with government and 
 per\'erted I'rote.stants, as the Jesuits constantly do. They 
 falsely pretend that Maryland was granted them as an asylum 
 from the rigor of the penal laws of England. They can not 
 have a better right than the charter admits them to, and, in 
 Hart's opinion, there is so far from a provision being made 
 therein that the government should be in their hands in any 
 degree, that there is not (n-en an exception made for the free 
 exercise of their religion. The phrase " God's holy and truly 
 Christian religion," used by Charles I, a Protestant, could only 
 mean the religion that monarch professed. Therefore, Papists 
 only enjoy privileges in Maryland through the connivance of 
 the government. If they win the conflict, it may some day 
 ])e fatal to the Protestant colonists, especially considering the 
 prodigious settlements which a formidable nation of their 
 own persuasion are extending on our borders. It is easier 
 and safer to prevent than to cure an inveterate distemper. 
 
 Let us therefore call some of the principal Papists and 
 examine them before the legislature as to their privileges. 
 If they will not submit their claim to public examination, 
 mankind will be persuaded that it will not bear the light. If 
 they have the right, let justice be done, in the name of God. 
 This course of procedure will prevent imposition on strangers 
 and unguarded minds. 
 
 The lower house ^ is loyal to Hart and speaks of his zeal 
 and resolution in defense of the present happy Protestant 
 constitution. They approve of his plan and promise to attend 
 to the gauge act. The upper house ^ joins in approbation of 
 Hart's administration, which is not only approved but also 
 applauded by the Protestants. The Jacobites and Papists 
 are in the opposition, with possibly some few Protestants, 
 gained through misunderstanding. Both houses agree that 
 the Roman Catholics have all the rights which they should 
 enjoy. 
 
 Hart at once puts his plan into execution ^ and summons 
 Charles and James Carroll, Henry Darnall (senior and junior), 
 Benjamin Hall, Clement Hill, William Fitz Redmond, Henry 
 Wharton, Charles Diggs, Peter Atwood (a priest), Maj. Nich- 
 
 iL. H. J., April 11, 1720. 
 
 "V. H. J., April 11, 1720. Hart in his reply acknowledges his success as largely due to 
 the assembly's "just, steady, and well-concerted counsels." 
 3 U. H. J., April 12, 1720; vide April 12. 
 
302 AMEKICAN HISTORICAL ASSOCIATION. 
 
 olas Sewall, and Richard Bennett to appear before the assem- 
 bly. The summonses were sent out and the assembly waited 
 over a week, l)ut no answer oame.^ It was ascertained that 
 the "most eminent of the Papists were in town at the time 
 appointed to hear their pretensions," ^ but did not think fit to 
 appear. "Therefore," sa}" the upper house, "they tacitly ac- 
 knowledge that their pretensions are groundless and their 
 exclamations most unreasonable." The lower house agrees 
 that these proceedings were admirable ' ' means to secure and 
 establish to the Protestants their just rights against any future 
 claim of right the Papists may pretend to." 
 
 It seems that Baltiuiore, and Guilford,^ his guardian, had 
 become more hostile to Hart. On July 4, 1719, he wrote 
 them that on account of ill weather he could not leave at 
 the season f ormerl}?^ appointed, and asked permission to remain 
 a while in Maryland. On December 30 they answer his letter, 
 permitting him to stay until Ma}^ 1720, and then positively 
 command him to return. Apparentl}^ Hart had told them 
 that no provision is made for him during his absence from 
 the province. In their harsh answer, they call this declara- 
 tion most ill-advised, and maintain that nothing is due him 
 by the law for the support of government. In a rather 
 labored sentence they tell him he has no ground to suppose 
 that His Majest3^'s grace and favor to him is evaded by totally 
 removing him, "which we shall do when we think fit." 
 
 This letter did not reach Hart * until after the April, 1720, 
 session of the assembly, though he told that body that he does 
 not leave the governorship b}^ voluntary choice, but because 
 he prefers integrity to interest. Mr. Rozier, a Papist, ■* had 
 declared that he had done the governor's business, which was 
 the only jiotice Hart had that he was to be superseded. Hart 
 told the assembly that he hoped the commission of the gov- 
 ernor did not "depend on that malicious and insignificant 
 man."® " If it does," he cries out, " the Lord have mercy on 
 the governor. " Since the last session of the assembly ' Hart 
 
 lU.H. J., April 20, 1720. 
 
 2 Henry Darnall, sr., Charles Diggs, Clement Hill, Benjamin Hall, William Digges 
 (probably). 
 3L. H. J., October 1, 1720. 
 
 <ln his introductory speech he states he has no recent advice from Baltimore. 
 E'U. H. J., April 11, 1720. 
 <5U. H. J., April 21, 1720. 
 
RESTORATION OF PROPRIETARY OF MARYLAND. 303 
 
 had received letters from the proprietary ' stating that Mac- 
 Naiiiiira had made satisfactory submission to him and should 
 be restored to practice. No reparation was made to Hart or 
 to the insulted judges. 
 
 Before any proceedings could be taken MacNamara died, 
 and Avith him died the controversy. It only remained for 
 Hart to transmit Baltimore's letter to the assembly and to 
 state that he was grieved ])y it and that he feared lest the ex- 
 ample may be laid hold of by other practitioners. Some of 
 them are "of his kidney, vehement espousers of the Popish 
 faction," and use the governor "with such indecencies as are 
 inconsistent with the grandeur of an inferior court," One of 
 these other lawyers was undoubtedly the elder Daniel Dulany.^ 
 He was a "noted favorer of Papists" and comes into notice at 
 this time through a charge of misfeasance he lays against Col. 
 Thomas Addison of the land office. One Mark Brown seems 
 to have also been an accuser in this matter. Addison,'' an 
 "honest Protestant and lover of the King and country," says 
 Hart, has been taxed with "villainous things" by "little mean 
 fellows," and writes that he has done his duty, but is a "mere 
 pageant of paist board if he must suffer such barbarous 
 affronts." The assembly seems loath to do anything in the 
 matter. 
 
 The trouble with Birchfield * comes up at this session.^ On 
 December 13, 1718, the commissioners of customs wrote to 
 Baltimore that Birchtield's course of conduct was correct, but 
 that Hart obstructed His Majesty's service. They ask that he 
 be instructed not to do so, and such instructions were sent. 
 Hart was naturally offended and lays the matter before the 
 assembly. The upper house suggest that the former assem- 
 bly's address against Birchfield be inspected and that they dis- 
 cover how they came short of explaining things fully. This 
 was done,*^ and the delegates report that they are surprised to 
 find that the commissioners of customs rather countenance 
 than redress abuses, and that Hart is arraigned by Birchfield 
 
 1 Dated February 13, 1719 (U. H. J., April 9, 1720). 
 2U. H. J., April 14, 1720; L. H. J., April 9, 1720. 
 3 A councillor. 
 nj. H. J., April 9, 1720. 
 
 5 The old statehouse at St. Mary's City was given to William and Mary Parish at this 
 time (April 7, 1720, L. H. J.). 
 OL. H. J., April 15, 1720. 
 
304 AMERICAN HISTORICAL ASSOCIATION. 
 
 for delaying proceedings, when they know that he ''hath 
 been very assiduous and zealous in promoting and expediting 
 the affairs of the Crown." 
 
 The upper house ^ thought proper measures should be taken 
 to render the address effectual, since the occasion of it still 
 continued and the aggressors were encouraged, while the im- 
 partial conduct of the governor, as the judge in chancery,' 
 was reproved. They suggest that Hart be requested to act as 
 the province's agent in the matter. 
 
 The lower house ^ tell Hart that the dockets show his prompt- 
 ness, and that "we are so well satisfied with your excellency's 
 integrity and justice, during your administration as chancellor, 
 that the most invidious of your enemies can not in anywise make 
 out the least charge of partiality or corruption. " Yet they con- 
 ceive that MacNamara's management of BirchfiekFs affairs was 
 largely the cause of the evils in the customs. These are 
 largely removed by MacNamara's death, and the delegates are 
 not inclined to take further steps in the matter, so they de- 
 cline to make use of Hart as their agent. 
 
 This surrender is very unpalatable to the council. They 
 urge the insult to the governor, the danger to let another have 
 opportunity to act as Birchfield did, and the fact that it is 
 easier to prevent aggrievances than to be put to the necessity 
 of seeking redress after suffering them. The commissioners 
 say Birchfield did his duty and Hart was partial. This accu- 
 sation should be answered. The lower house, however, stood 
 to its position and the matter was dropped.* 
 
 A bill was brought in by the lower house" that Hart might 
 enjoy the 3 pence per hogshead during his absence for a year, 
 or until superseded. Hart thanked them for this,' but sug- 
 gested that the money raised by that duty be paid the treas- 
 urer for the public charge, and that in lieu thereof Hart be 
 paid at once a sum approximately equal to what would be 
 raised by this duty in the next six months. The lower house 
 at first thought this prejudicial to the interest of the new gov- 
 ernor and wanting in duty to Baltimore, who may soon ap- 
 
 lU. H. J., April 19, 1720. 
 
 2 Hart gave up the seals to Col. William Holland on account of this matter. 
 
 3 L. H.J. , April 19, 1720. 
 
 4 L. H. J., April 22, 1720. A conference committee, on the last day of the session, recom 
 mended the employment of Hart as agent in the matter. 
 
 5L. H. J., April 16, 1720. 
 
KESTOEATION OF PROPRIETARY OF MARYLAND. 305 
 
 point another governor. Hart says Baltimore can not super- 
 sede him without permission of the Crown, and the latter has 
 granted him leave of absence for twelve months, making no 
 provision but for his absence.^ He felt that the lower house 
 acted " ver}^ cautiously in saving their money, and that he had 
 deserved so much of Mar3'land that their representatives might 
 have done me a favor, which he is persuaded no private friend 
 would have refused him on less obligations." Further, he will 
 have no support during his absence if not from the 3-pence 
 duty. The lower house say the new governor may ask for 
 this duty, and, having already voted it away, they will lie 
 under his displeasure. Hart writes to the speaker, "I insist 
 upon it that the 3 pence is due to me as governor until my 
 commission is legally superseded, and resolve to take all proper 
 measures to maintain it. His lordship's instructions can not 
 take precedence of a law."^ The council strenuously aided 
 him, and the lower house, " reassuming" its former vote, grants 
 the governor what he asked. 
 
 We notice, in general, throughout this session that the del- 
 egates are apt to yield to the influence^ of Hart, as in former 
 years. There is more friction and a little more stubbornness 
 on the part of the delegates, but they rarely persist in oppo- 
 sition. This is clearly seen in the procedure with reference 
 to an unguarded remark of the delegates that they did not 
 care to enter into the discussion of a certain matter, since the 
 session would be short. For this Hart at once brings them 
 to account. They answer that certain members of the upper 
 house gave them to understand that the end of the session was 
 near. 
 
 "This is an insufficient answer," retorts Hart; ''j^our ex- 
 pressions seem to infringe on the undoubted right of the pro- 
 prietary to summon and adjourn assemblies." 
 
 To this the lower house made a submissive reply. They 
 did not pretend to fix the length of the session, but thought 
 it would not be a long one, as there was little public business. 
 
 lU.H. J., April 20, 1720. 
 
 m. H. J., April 22, 1720. 
 
 3 On April 22 the upper house recommends the delegates to allow a reasonable recom- 
 pense to the governor's gardner, who "has been very serviceable and curious in making, 
 leveling, and rolling the shell walk before the public building, for which the country has 
 never been charged anything, thoiigh he has been very diligent and laborious therein." 
 In 1715 a flagstafE had been ordered erected, with sufficient braces and a cedar frame, in 
 front of the state house. 
 
 HIST 99, VOL I 20 
 
306 AMERICAN HISTORICAL ASSOCIATION. 
 
 They acknowledged fully Baltimore's right/ So the incident 
 terminated. Shortly after the close of the session Hart 
 embarked for England and arrived there before August 8, 
 when he answered certain queries of the board of trade in 
 such a way as to show that he had lost none of his affection 
 for the province. He then vanishes from Maryland's records. 
 In May, 1720, Baltimore and Guilford petitioned the King 
 that Charles Calvert, captain in the First Regiment of Foot 
 Guards and a cousin of the proprietary, be appointed governor 
 of Maryland. They state that they find it necessary to change 
 their governor, but give no reasons. This application is 
 granted, and Calvert shortly leaves for Maryland. The friends 
 of Thomas Brooke, the president of the council, as was reported 
 to Baltimore, had spread rumors that Baltimore had sent a 
 private commission to Brooke while Hart was in Maryland. 
 This and certain undefined hasty proceedings of Brooke caused 
 Calvert's speedy departure from England. On October 12 he 
 met the assembly, read them Baltimore's letter, notifying them 
 of his appointment, and expressing the hope that "old rancor 
 and jealousy will now disappear." ^ Hart returned to London 
 and was nominated by the King, on May 9, 1721, as governor 
 of the Leeward Islands^ in the West Indies. He arrived at 
 the seat of government at Antigua on December 19, 1721, and 
 found himself ruler of a domain which included the islands 
 of Antigua, St. Christophers, Nevis, Montserrat, and the Vir- 
 gin Islands. 
 
 His career here was fully as stormy as in Mar3dand. He 
 was at continual variance with the assembly about his salary, 
 and at one time removed his family to St. Christophers. In 
 1725 various petitions were presented to the British Govern- 
 ment against him, and he was replaced by the Earl of Lon- 
 donderry. Hart sailed for England on Januar}^ 11, 1727, and 
 of his later life nothing has been discovered. 
 
 1 U. H. J., April 22, 1720. I suspect there was a malicious satisfaction felt by the delegates 
 when they refused to draw up an address to the King, as Hart recommended them to do on 
 the last day of the session. They tell Hart they want to go home after so long a deten- 
 tion which has not resulted in '-any great service to our country." Many of the mem- 
 bers are sick or absent, and they enjoy what we may or reasonably can desire. This 
 they have often told the best of kings, and ask to be excused from repeating it. 
 
 2In his address to the assembly of 1721, Calvert speaks of "the littleheats being at an 
 end." 
 
 3N. and Q., 8th .series, 11, 31; Anderson's Col. Cli.,111, 181, 187; Edwards's West Indies, 
 11,453. 
 
RESTORATION OF PROl'RTETARY OF MARYLAND. 807 
 
 A strong, zealous, impetuous iiiiin, he was a most devoted 
 member of the Anolican Church and a faithful servant of the 
 English Crown. He was probably overbearing and exacting 
 and had many of the defects of his times and of his Irish blood, 
 but with it all his conscientious devotion to duty, his single 
 purpose to have his province well govei'ned, and his pains- 
 taking care of the details of administration make him a man 
 who should not be forgotten. The code of laws which Mary- 
 land adopted under his influence remained his best monument 
 and was in force for more than half a centur^^ after his 
 departure. 
 
LIBRARY OF CONGRESS 
 
 014 434 376 1