. ^l -UNIVER% ^lOSANGElfjv \\\E UN!VER% .OKAL!FC% m\\^ ,\\E UNIVERV// .OF-CALIF(%, ^OF-CAI S> -35. , \\\E-UNIVER% \V\E ONIVER v\V ANNALS OF ANNAPOLIS, COMPRISING SUNDRY NOTICES OF THAT OLD CITY FROM THE PERIOD OF THE FIRST SETTLEMENTS IN ITS VICINITY IN THE YEAR 1649, UNTIL THE WAR OF 1812: TOGETHER WITH VARIOUS INCIDENTS IN THE HISTORY OP MARYLAND, DERIVED FROM EARLY RECORDS, PUBLIC DOCUMENTS, AND OTHER SOURCES I WITH AN APPENDIX, Containing a number of Letters from GENERAL WASHINGTON, AND OTHER DISTINGUISHED PERSONS, WHICH UTTERS HAVE NEVER BEEN PUBLISHED BEFORE. COMPILED AND EDITED BY DAVID RI DGELY, Librarian of the State Library. BALTIMORE: PUBLISHED BY CUSHING k BROTHER. 1841. ENTERED according to the Act of Congress, in the year 1840, BY DAVID RID GEL v, In the Clerk's Office of the District Court of Maryland. JOHN D. TOY, PRIXTKR F INTRODUCTION. THE author of the following pages entertaining the belief, that their publication might be acceptable to his fellow-citizens, has committed them to the press, in the hope that his readers may derive something of interest and entertainment from their perusal. In taking this step, he has had many misgivings. Diffi- dent of his ability to invest his subject with the interest that belongs to it, he would have been loath indeed to give 'The Annals of Annapolis' publicity, had it not been for the absence of any such publication. It must not be supposed by his readers, that this work is intended to supply the place of biography. The lives of eminent citizens form a part of the history of the times in which they acted and flourished, but that minuteness of detail which belong to such efforts is neither within his reach, nor within the scope of this design. Eminent' men are occasionally mentioned, when they are necessarily associated with the annals of VI INTRODUCTION. the city, but, at the same time, many citizens of learn- ing, parts and patriotism, must escape particular men- tion in such a work as this. He has gathered his materiel from the records and documents within his reach. He is greatly indebted for much of it to 'Bozman's' and 'McMahon's Histo- ries of Maryland,' 'Henning's Statutes at Large of Virginia,' 'The Maryland Gazette,' a series of essays under the caption of 'The Annapoliad,' 'Bacon's Laws of Maryland,' and 'Eddis's Letters from America,' and to a late venerable Lady of Annapolis, for many tradi- tionary reminiscences. He bespeaks for this publication the clemency of a generous public. PREFACE. THE original design in collecting and arranging the materials contained in this volume, was merely to give some outlines of the Annals of Annapolis, but so limited were the records and documents on that head, that it was from necessity partially abandoned. In those periods where nothing immediately connected with Annapolis was found, incidents in relation to the history of the Province and State of Maryland, have been introduced. The labour in doing this was greater than the com- piler anticipated. But if any reader shall find enter- tainment, or be gratified by its perusal, the Author will not be disappointed. The authorities and documents from which these pages have been compiled, are generally acknow- ledged. It would be difficult, and perhaps unnecessary, to name particularly every source from which informa- tion has been obtained. For the use of that rare and Vlll PREFACE. valuable file of papers, The Maryland Gazette, ac- knowledgments are here tendered to Jonas Green, Esquire, the descendant of the first venerated and venerable printer of Maryland. Many* defects will doubtless be apparent in the style of this work, but when it is remembered that no claim to skill in literary composilion is made (and fortunately but little or none was required in this un- dertaking) the generous and the learned will overlook all such deficiencies as may meet the eye of the critic, and do justice to the intention and object of this collection. Being in possession of some original letters from general Washington and a few other distinguished men of his day, which it is believed have not hitherto been published, they are placed in an Appendix to this volume, and perhaps will form the most interesting part of it. Fearful that the importance of the facts that are detailed, may be overlooked, from the want of skill in setting them forth, this volume is now given to the public for what it is worth ; even a small tribute to the history of his native State, will, he trusts, be accept- able to his fellow-citizens. ANNAPOLIS, Dec. 1840. CONTENTS. CHAPTER I. Cecilius, Lord Baltimore, prepares for sending out a Colony Ap- points his brother to conduct it They depart from Cowes Arrive in the Chesapeake Sail up the Potomac Fix upon St. Mary's for the first settlement Reception by the Natives Father Andrew White Town of St. Mary's The Capital of the Province An Assembly called Act of Virginia against dissenting Ministers The Puritans leave Virginia Take refuge in Maryland And settle at Providence, now Annapolis Oath of Fidelity Mr. Thos. Greene appointed governor in the absence of Governor William Stone He proclaims the Prince of Wales The inhabitants of Providence prefer the dominion of the Commonwealth Governor Stone returns Calls an Assemby The Puritans refuse to attend Governor Stone visits Providence Returns Burgesses to the As- sembly They attend Providence organized into a county, called Anne Arundel Murders committed by the Indians Susquebanock Indians Preparations against the Indians, 13 CHAPTER II. Tranquility of the Province Governor Stone visits Providence Ap- points Mr. Edward Lloyd commander of Anne Arundel county Appoints Commissioners The Puritans at Providence again re- fuse to send Delegates to the Assembly Bennett and Claiborne reduce the Colony of Maryland Governor Stone retained in office by them Is soon deprived of his office by them The Colony sub- mits to the Commonwealth of England Governor Stone rein- statedCromwell proclaimed in the Province-^Governor Stone declares the Puritans at Providence to be enemies of Lord Balti- more The Province again reduced^Governor Stone rebuked by Lord Baltimore for resigning his Government Governor Stone re-assumes his office and powers as Governor Organizes a Military Force Seizes the Provincial Records Secures the Arms and X CONTENTS. Ammunition of the Province Governor Stone makes prepara- tions to reduce Anne Arundel to submission, and marches towards the Severn Arrives at Herring Creek Appears in the River Severn The Golden Lion Governor Stye's party land on Horn Point Captain Fuller, at the head of the^uritans of Providence, marches to meet them Battle on Horn Point Governor Stone condemned to Death The Soldiers refuse to execute him Others executed The Property of Governor Stone and his party seques- tered Lord Baltimore restored to his Rights by the Lord Protec- tor Appoints captain Josiah Fendall Governor The Puritans ac- knowledge the authority of Lord Baltimore Acknowledgment, 40 CHAPTER III. Contempt of Assembly Trial of Edward Erbery Condemned and Whipped Witchcraft Condemnation of John Cowman And par- doned The Quakers remonstrate against taking Oaths Proceed- ings of the Assembly thereon Indian Affairs Protection of the Indians by the Colonists Hostility of the Susquehanocks Causes of Treaty with them Murders committed by the Indians Expe- dition against them Five Chiefs of the Susquehanocks murdered Impeachment of Major Thomas Truman His Trial and Convic- tion Proceedings of the Assembly thereon Controversy between the Lord Proprietary and the Lower House of Assembly upon the Act for calling Assemblies Extracts from the Rules of the Lower House of Assembly Annapolis erected into a Town, &,c. Com- missioners appointed to survey and lay out Annapolis Annapolis becomes the Seat of Government Governor Nicholson causes the Records to be removed from St. Mary's Public Ferry First Cor- poration of Annapolis Mr. Richard Beard makes a map of the Town A Market and Fair Proposition for a Bridewell Im- provement of Annapolis A Church proposed to be erected King William's School established William Pinkney a Student of it Governor Nicholson projects a Library for Annapolis A State- House built Roman Catholics Persecution of, , . . . , 55 CHAPTER IV. Dispute between Governor Nicholson and the Lower House of As- sembly They become reconciled Governor Nicholson leaves this Province to preside over Virginia Petition of Mr. John Perry James Crawford, a Delegate, killed by lightning First public Jail State-House burnt down A new one erected Described Improvement of the town A plot for burning of Annapolis, disco- CONTENTS. XI vered Bounds of Annapolis Annapolis chartered Description of Annapolis Delegates from Annapolis to receive only half wages Improvements Mr. James Stoddart appointed to lay off anew the city Mr. Wm. Parks appointed to compile the Laws of the Province Improvements Appropriation to build a Govern- ment-House Mr. Jonas Green appointed Printer to the Pro- vince His character Editor of the Maryland Gazette The first public horseracing Aurora Borealis South River Club Mili- tary movements at Annapolis Anniversary of George the Se- cond Trade and Commerce of Annapolis The first Ship-Yard Brig Lovely Nancy Notices of some of the oldest houses of the town The old-Episcopal Church Indians King Abraham and Queen Sarah Jl Hiccory Switch A Jockey Club formed Races The first Theatre built The first Lottery drawn in the Province Governor Sharp arrives at Annapolis The military march from Annapolis against the French on the Ohio General Braddock and other distinguished persons arrive at Annapolis Doctor Charles Carroll, his death Annapolis entrenched Hostilities of the French and Indians Small-pox, 101 CHAPTER V. Forts on the Border Country Fort Frederick Reduction of Que- bec A Company of Comedians at Annapolis Stone Wind-mill erected Collection for the sufferers by fire at Boston Ball-room Cold winter Stamp Act Proceeding at Annapolis on Maryland Gazette Sons of Liberty Repeal of the Stamp Act A new The- atre opened Gov. Eden arrives at Annapolis His character Death and burial Articles of Non-importation, &c. Arrival of Brig Good Intent Resolute course pursued by the Association Its results Mr. Wm. Eddis Annapolis described Whitehall Governor Sharpe His character Appropriation to build the pre- sent State-House Commissioners appointed The Foundation laid Incident Dimensions of the building The Architect An- niversary of the Proprietary's birth Rejoicings at Annapolis La- dies of Annapolis Saint Tamina Society Their Proceedings Theatre opened Trustees appointed by the Legislature, to the Theatre Theatre pulled down Causes which led to it Mr. Dun- lap Trustees appointed to build a new Church Meeting of the Citizens of Annapolis Their proceedings on the Act of Parlia- ment for blockading the Harbour of Boston Some portion of their Resolves dissented from by many Citizens Proceedings of the Dissentients Burning of the Brig Peggy Stewart And the tea on board The Proceedings had thereon, 131 XU CONTENTS. CHAPTER VI. Tea Burning in Frederick County The Citizens of Annapolis or- ganized into Military Companies Proceedings of the Baltimore Committee of Observation The ship Totness, with salt on board, burnt just below Annapolis General Charles Lee Massachusetts' Colony Lord Viscount Barrington Addresses Gen. Burgoyne And Gen. Lee Council of Safety Chart of the Harbour of Anna- polis Appropriation to fortify the City Fortifications Slaughter Houses Certain Citizens ordered to leave the City Colonel John Weems before the Committee of Safety Their proceedings there- on Captures in the Chesapeake, by Capt. Nicholson, of the ship Defence Offers Battle to Otter Sloop of War Balls prohibited throughout the Province A Declaration of the Delegates of Mary- land Meeting of the Associations of the City of AnnapoHs Their Proceedings Maryland Troops leatfe Annapolis for Philadelphia Letters from Philadelphia Appeal to Maryland Responded to Battle on Long Island Maryland Troops Major Gist Maryland Officers made prisoners at Long Island Thomas Johnson, jr. Esq. Governor of Maryland British Ships of War pass up the Bay Gov. Johnson's Proclamation Mr. Griffith Baltimore Troops- Battle of Brandywine General Smallwood Colonel Smith Fort Mifflin Surrender of General Burgoyne Count Pulaski Battle of Monmouth Letter from Commodore Grason to Gov. Johnson Battle at the Capes Winter of 1780 Chesapeake crossed by carts and carriages Baron de Kalb Battle of Camden The Baron wounded His death Congress vqted a Monument to his memory To be erected in Annapolis Inscription for the Monu- ment Extracts of Letters relative to the Battle of Camden Mary- land Troops Battle of the Cowpens Col. Howard Maryland Troops British Sloops of War off Annapolis General Lafayette drives them down the Bay Meeting of the citizens of Annapolis To consider the Acts of Assembly For the Emission of Money Bills Their Proceedings Militia Assembled at Annapolis Bri- tish Fleet arrives before York Troops landed Maryland Regi- ment marches from Annapolis to join the Southern Army The Recruiting Service Gen. Smallwood The Fourth Maryland Re- giment marches from Annapolis to join the Marquis de la Fayette The French Fleet, kc. at Annapolis From the Head of Elk The French Army arrives from the North about the same time, on their way to Virginia Battle of Eutaw Extract of a Letter from Camp Col. Howard Maryland and Virginia Troops Officers killed and wounded at Eutaw Surrender of Lord Cornwallis Rejoicing at Annapolis, . , 163 CONTENTS. Xlll CHAPTER VII. General Washington arrives at Annapolis Public Dinner Ball The Citizens address him His Answer He leaves the City The Birth of a Dauphin celebrated at Annapolis Count Rocham- beau arrives at Annapolis Embarks for France Cessation of Hostilities Public Rejoicing Public Dinner Toasts on the Oc- casion State-House Illuminated Ball Peace General Greene arrives at Annapolis Corporate Authorities of the City address him General Greene's Reply The Society of Cincinnatti for the State of Maryland formed in Annapolis Officers of the Maryland Line Congress in Session at Annapolis General Washington ar- rives there Is entertained by the Citizens Corporate Authorities address him His Reply General Washington resigns his Com- mission into the hands of the Congress Proceedings of Con- gress thereon General Washington again visits Annapolis accom- panied by General Lafayette They are entertained by the General Assembly General Lafayette Addressed by the Governor and Council, and by the Legislature His Answers The General As- sembly naturalizes General Lafayette St. John's Co%ge^The President of the United States arrives at Annapolis His Recep- tion Annapolis Baltimore Citizens of Annapolis address the President of the United States The President's Reply Defence of Annapolis Tribute to the Memory of Washington General Tureau, arrives at Annapolis His Reception William Pinkney arrives at Annapolis His Reception Public Dinner Officers and Crew of the Frigate Philadelphia Meeting of the Citizens of Annapolis Frigate Chesapeake Proceedings of the Citizens Piracy in the Chesapeake Bay Pirates Captured Conclusion, 200 CHAPTER VIII. City of Annapolis Its Population Shipping Its Site Its Advan- tages Naval Academy The Round Bay Rail Road Its proxi- mity to the seat of the National Government Its Harbour The Treasury The Government-house St. John's College Epis- copal Church Roman Catholic Chapel Methodist Church African House of Worship The Farmers' Bank of Maryland Court-house City Hall City Hotel Ball-room Theatre The Garrison at Fort Severn, 230 A list of the Governors of the Province and State of Maryland, from the First Settlement in 1633 to 1840, 249 XIV CONTENTS. APPENDIX. Letter from General Charles Lee to the President of the Council of Safety of Maryland, . 251 Letter from the Hon'ble John Hancock to the Convention of Maryland, . . . . . ... . . 254 Letter from the same to the same, . . ". . . 256 Letter from Colonel Smallwood to the President of the Conven- tion, ... 256 Letter from General Washington to Thomas Johnson, Jr. Gover- nor of Maryland, . . . . . . . 263 Letter from the same to Daniel of St. Thomas Jenifer and William Fitzhugh, 264 Letter from the same, to Governor Lee, of Maryland, . . 265 Letter from the same to the same, ..'... 265 Letter from the same to the same, 266 Letter from the same to Philip Schuyler, John Matthews and Nathanrcl Peabody, Committee of Co-operation in Congress, 267 Letter from the same to the same, 269 Letter from General Washington to the Committee of Co-opera- tion in Congress, 269 Letter from the same to the same, 270 Letter from General Washington to Governor Lee, of Maryland, 272 Letter from the same to the Committee of Co-operation in Congress, 272 Letter from the same to George Plater and William Bruff, . 275 Letter from the same to Governor Lee, .... 275 Letter from the same to the same, (Extract,) .... 276 Letter from the same to the same, . . . . 276 Letter from the same to the same, 278 Letter from the same to the same, . . . . . . . 279 Letter from the same to the same, . . . . . . 280 Letter from the same to the same, (Extract,) . . . 281 Letter from General Greeae to Governor Lee, .... 282 Letter from Colonel Armand to the Governor of Maryland, (Paca,) 282 ANNALS OF ANNAPOLIS. CHAPTER I. Cecilius, Lord Baltimore, prepares for sending out a Colony Ap- points his brother to conduct it They depart from Cowes Arrive in the Chesapeake Sail up the Potomac Fix upon St. Mary's for the first settlement Reception by the Natives- Father Andrew White Town of St. Mary's The Capital of the Province An Assembly called Act of Virginia against dissenting Ministers The Puritans leave Virginia Take refuge in Maryland And settle at Providence, now Annapolis Oath of Fidelity Mr. Thos. Greene appointed governor in the absence of Governor William Stone He proclaims the Prince of Wales The inhabitants of Providence prefer the dominion of the Commonwealth Governor Stone returns Calls an Assembly The Puritans refuse to attend Governor Stone visits Providence Returns Burgesses to the As- sembly They attend Providence organized into a County, called Anne Arundel Murders committed by the Indians Susquehanock Indians Preparations against the Indians. CECILIUS CALVERT, Lord Baron of Balti- more, having succeeded lo the proprietary rights' of his father, George Calvert, and having obtained pos- session of the charter* for the government of the province of Maryland, made his preparations for planting this colony. These preparations were begun in June, 1632. * The royal grant was given on condition that fico Indian arrmes of those parts' should be delivered at Windsor Castle, every year, on Tuesday, in Easter- week : and also, the fifth part of all the gold and silver which might be found within the province. 2 14 ANNALS OF ANNAPOLIS. The difficulty of procuring and furnishing a sufficient number of colonists, with the necessary conveniences to enable them permanently to form their colony, caused some delay before their departure from Eng- land. It was not until this year that the colonists were ready to embark on their voyage, and Lord Baltimore, who had originally designed to accompany them in person, changed his mind, and appointed his brother, Leonard Calvert, Esquire, to go in his stead, in the character of governor, or lieutenant-general. On the 22d of November, 1633, they sailed from Cowes, in the Isle of Wight, and on the 24th of February, 1634, arrived off Point Comfort in Virginia. After entering the Potomac and sailing up that river about fourteen leagues, they came to an island called 'Heron Island,' and anchored under another neighbouring isle, to which they gave the name of 'St. Clements.' Here the governor landed, and setting up a cross, in the Roman Catholic manner, took formal possession of the country; 'for our Saviour and for our sovereign lord the king of England.' But the governor on reflection thinking it would not be advisable to settle so high up the river, in the infancy of the colony, determined to seek for a settlement further down. He, therefore, returned down the Poto- mac, taking captain Fleet with him. They proceeded to a small river on the north side of the Potomac, within four or five leagues of its mouth, which the governor called 'St. George's river.' Sailing up this river about four leagues, they came to an Indian town, called by the natives Yoamaco, from whence the tribe here inhabiting, was called Yoamacoes. The governor ANNALS OF ANNAPOLIS. 15 having landed here, entered into a treaty with the We- rowance, or chief of the tribe who, with the natives, agreed to leave the whole town to the English, as soon as they could gather their corn ; and which they faithfully performed. The governor then, on the 27th of March, 1634, caused the colonists to land, and according to the agreement, took possession of the town, which they named ( St. Mary's.' Being thus favourably received by the Indian inha- bitants, whose affections they had the good fortune to conciliate by the liberality of their conduct, they were soon enabled to purchase extensive tracts on the most moderate terms, and to settle their lands to the best advantage, without fear of molestation from the origi- nal possessors. The following interesting article, ' The Pilgrims of Maryland,' taken from the 'Metropolitan Catholic JHmanac,' for the year 1840, is here given for the gratification of the curious antiquarian. It is consi- dered not to be out of place here to. state that the general assembly of Maryland, at its December session of 1836, made a liberal appropriation for the purpose of procuring from Rome a transcript of the Narrative of Father Andrew White, which is deemed important to the elucidation of the early history of our state ; and that the services of a distinguished gentleman of the order of'the Jesuits, now in Rome, are kindly promised to obtain it for the library of the state. 16 ANNALS OF ANNAPOLIS. THE PILGRIMS OF MARYLAND. The student of American history must ever regret that so little has been done to furnish the particulars of the first settlement and early transactions of Maryland, by such as having been actors in those scenes, could have supplied the loss of the early records, destroyed in Ingle and Claiborne's rebellion, about ten years after the landing in 1634. Had Maryland been equally fortunate with her sister colonies, in the possession of her early records, she had not wanted an enlightened and impartial historian to present to the world the en- terprizing and honourable actions, as she has with a masterly pen exhibited the just and liberal principles which distinguished the founders of this province. Mr. McMahon, with a taste and industry worthy of his genius, has culled from the mouldering and ne- glected records in the archives of the state, all that they possessed of interest on this subject. The sub- sequent publication by the State, of the history of Maryland from its settlement to 1660, by Bozman, exhibits that patient and laborious scholar, after having devoted years of toil to his favourite work, unable to elucidate many important events, or to pourtray the characters of conspicuous individuals, for the want of authentic materials. A gleam of hope remains that among the letters of the missionaries of the society of Jesus, who first preached the gospel in Maryland, may be found much interesting matter for a history of the early days of that state. Enlightened scholars of every nation and creed have long appreciated those charming volumes, Lettres Edi- ANNALS OF ANNAPOLIS. 17 fiantes et Curieuses, which by their communications on civil and natural history, geography, astronomy, &c. &c. have added so much to the stores of learning, while their edifying accounts of religion have delighted all who esteem true virtue and admire the heroism of the soldiers of Christ. A young American clergyman,* of the society of Jesus, while pursuing his studies at Rome, found in the archives of that distinguished body, various letters similar to those collected in Lettres Edifiantes, written by Father Andrew White, and other priests, who ac- companied the first settlers of Maryland. He brought with him copious extracts from these documents, which having been accidently seen by John Bozman Kerr, Esquire, an active member of the house of dele- gates in this state, and an accomplished scholar, that gentleman proposed that the legislature should take measures to procure all the information on the early history of Maryland, which might be found in the archives of the Jesuits. A resolution was adopted, which, it is hoped, will result in producing important materials for the future historian. The following abridgment of the extracts from Fa- ther White, contains many particulars, which, though not of great importance, are interesting to the curious, having never before been published. His descriptions of various countries and their productions, which are very particular in the original, are in most cases omit- ted here. The paper from which these extracts were made, is in Latin, in the archives of the society of Jesus, at Rome. It appears to have been written from the city of St. Mary's, within about a month after the 'The late Rev. William McSherry. 2* 18 ANNALS OF ANNAPOLIS. arrival of the first vessels, probably in April, 1634. It is entitled, './? Report of the Colony of the Lord Baron of Balti- more, in Maryland, near Virginia, in which the quality, nature and condition of the country and its many advantages and riches are described. 1 There is a province near the English colony in Vir- ginia, which, in honour of Maria his queen, his majesty the king of England wished to be called Maryland, or the land of Mary.' 'This province his majesty, in his munificence, pre- sented to the lord Baron of Baltimore, in the month of June, 1632. This distinguished nobleman immediately resolved to settle a colony, with the particular intention of establishing the religion of the gospel and truth in that and the neighbouring country, where, as yet, the knowledge of the true God had never existed. He was encouraged in his enterprize by the favourable account of the country left by his worthy father, whose testimony, founded upon actual observation, was worthy of the utmost confidence, and was corroborated by the reports of others who had visited the same region, as well as by the published narrative of captain Smith, who first described it.' After alluding to the liberal conditions of settlement proposed by Lord Baltimore, Father White continues : ' The interests of religion constituted one of the first objects of Lord Baltimore, an object worthy indeed of Christians, of angels, of Englishmen ; than which, in all her ancient victories, Britain never achieved any thing more honourable. ' Behold those regions waiting for the harvest. They are prepared to receive the fruitful seed of the gospel. ANNALS OF ANNAPOLIS. 19 Messengers have been sent to procure suitable persons to preach the life-giving doctrine, and regenerate the natives in the sacred waters of baptism. There are those now living in this city, (St. Mary's) who saw ambassadors from the Indian nations to Jamestown in Virginia, sent there for the purpose of effecting these objects. May we not suppose that many thousands were brought into the fold of Christ in so glorious a work.* After a glowing and minute description of the coun- try, with its trees, fruits and other productions, its rivers and the various kinds of fish, he proceeds to. give the 'NARRATIVE OF THE VOYAGE TO MARYLAND. 'On the 22d of November, being St. Cecilia's day, under the gentle influence of an eastern wind, we dropped down from the Isle of Wight. 'Having placed our ship under the protection of God, the Blessed Virgin Mother, St. Ignatius, and all the guardian angels of Maryland, we had progressed but a short distance, when we were obliged for the want of wind, to cast anchor off the fortress of Yarmouth, where we were welcomed by a salute. While lying here we were not without some apprehensions from our sailors, who began to murmur among themselves, alleging that they expected a messenger from land with letters: and because none arrived, they seem disposed to create delays. A kind providence put an end to our fears ; for during the night a strong but favourable wind sprang up, and our pinnace,* which appre- * The pinnace appears to have been a sloop of forty tons, and was called 'The Dove.' 20 ANNALS OF ANNAPOLIS. bended an attack from a French brig, that kept within a short distance of her, took advantage of the wind and put to sea. We, not willing to lose sight of her, followed her with all speed, and thus frustrated the evil designs of our sailors ; this was on the night of St. Clement's day, 23d of November. On the next morn- ing, about 10 o'clock, after receiving a second salute from the fort at Hurst, we were carried beyond the breakers at the extremity of the Isle of Wight, and narrowly escaped being driven on shore. Taking ad- vantage of a strong fair wind on that day and the next night, we left the western point of England, slacking sail, lest running ahead of the pinnace, she- might fall into the hands of the pirates and Turks who then in- fested these seas. On the 24th of November, we made great headway until evening, when a violent storm arose, and our sloop being diffident of its strength, being only of 40 tons burden, hove to, and informed us that in case of danger, she would carry lights at her mast-head. We were in a well built ship* of 400 tons, as strong as iron and wood could make her, and our captain was one of great experience. The storm was so violent that we gave him the choice of returning to England or pursuing the voyage. His intrepidity and confidence in the untried powers of his ship, induced him to choose the latter. But in the middle of the night, in a boiling sea, we saw our sloop at a short dis- tance from us, showing two lights at her mast-head. Then, indeed, did we fear for her, and on losing sight of her we all supposed she had been swallowed, up in the stormy sea. Six weeks elapsed before we again heard from her. But God had preserved her. Fear- * 'The Ark.' ANNALS OF ANNAPOLIS. 21 ing that she could not survive the storm, she changed her course, and took refuge in the Scilly Isles. She afterwards sailed in pursuit of us, and we met at the Antilles. On the 27th and 28th, we made but little progress. On Friday 29th, a most dreadful storm arose, that made the most fearless men tremble for the result. Among the Catholics, however, it made prayer more frequent, vows were offered in honour of the B. V. Mother, and her immaculate conception,' of St. Igna- tius, the patron Saint of Maryland, St. Michael and all the guardian angels. Each one prayed earnestly to expiate his sins through the sacrament of penance.' For having unshipped her rudder, our vessel was tossed about at the mercy of the winds and waves. At first, I feared that the loss of our ship and death awaited me, but after spending some time in prayer and having declared to the Lord Jesus, and to his Holy Mother, St. Ignatius, and the protecting Angels of Maryland, that the purpose of this voyage was to pay honour to the blood of our Redeemer, by the con- version of barbarians, I arose with a firm confidence that through the mercy and goodness of God, we should escape the dangers that seemed to threaten our destruction. I had bowed myself down in prayer, during the greatest rage of the tempest, and, let the true God be glorified ! Scarcely had I finished, before the storm was ceasing. 'I felt myself imbued with a new spirit, and overspread with a flood of joy and admiration at the benevolence of God to the people of Maryland, to whom we were sent. Blessed forever be the merciful charities of our dear Redeemer. The remainder of the voyage, which lasted three months, was prosperous ; our captain af- 22 ANNALS OF ANNAPOLIS. firmed that he never witnessed a more pleasant and happy one. The period of three months included the time \ve spent at the islands of the Antilles, but we were in fact only seven weeks and two days at sea. 'In sailing along the Spanish coasts we were appre- hensive of falling into the hands of the Turks, but we never met them. Having passed the pillars of Her- cules and the Madeira islands, we were able to scud before the wind with full sail. The winds are not va- riable in those regions, but always blow in a southwest direction, which was our exact course. At the dis- tance of about three leagues from us we descried three sail of vessels, the smallest of which appeared to be larger than ours. Fearing they were Turkish pirates we were careful to avoid them, though we prepared our vessel for action. But as they showed no disposition to engage us, we concluded they were merchantmen, bound for the fortunate islands, and as much afraid of us as we were of them.' Father White, after some philosophical reasoning to account for the trade winds, some interesting descrip- tions of the tropical birds, and the flying fish, &c. &c. seen on their passage, remarks that, 'during the entire voyage no person was attacked with any disease ex- cept that at Christmas, wine having been freely distri- buted in honour of that festival, several drank of it im- moderately ; thirty persons were seized with a fever the next morning, of whom about twelve died shortly after ; of these two were Catholics, namely, Nicholas Fairfax and James Barefoot.' The route taken by the pilgrims is described to have been by the Azores, and to Barbadoes, at which latter island they landed on the 5th of January, 1634, new ANNALS OF ANNAPOLIS. 23 style. Instead of the hospitable reception which they expected from the governor and inhabitants, who were English, Father White says, 'the governor and inhabi- tants plotted together to exact unreasonable prices for provisions and other necessary supplies.' From the great abundance of potatoes in the island, they received a wagon load gratis. At the time of the arrival of our pilgrims the slaves had rebelled, and determined to seize the first vessel that should arrive, but being dis- covered, the ringleaders were executed ; and, says the narrator, 'our vessel being the first that touched the shore, was the destined prize, and the very day we landed we found eighty men under arms, to check the startling danger.' After describing the island of Barbadoes and its pro- ductions, the writer says, 'on the night of the 24th of January we weighed anchor, and passing the island of St. Lucia at noon on the following day, we arrived in the evening at an island inhabited by savages only. A rumour had been caught by our sailors, from some Frenchmen who had been shipwrecked, that this island contained an animal in whose forehead was a stone of uncommon brilliancy, called a carbuncle.' Father White dryly remarks, 'its author must answer for the truth of this report.' At dawn on the following day they reached Guadaloupe, and at noon arrived at Mont- serrat, inhabited by Irishmen driven from Virginia, on account of their profession of the Catholic faith. Thence they sailed to another island, where they spent one day ; thence to St. Christophers, where they remained ten days, by the friendly invitation of the English governor and two captains, 'who were Catho- lics.' The governor of a French colony in the same 24 ANNALS OF ANNAPOLIS. island also welcomed them warmly. Father White continues : 'having at length weighed anchor hence, we pursued our voyage until we reached a point on the coast of Virginia, called 'Comfort,' on the 27th of Feb- ruary. We were under a good deal of dread from the unfriendliness of the English inhabitants of Virginia, to whom our colony had been an unwelcome theme. We brought, however, letters from the king and the high constable of England to the governor of the pro- vince, which contributed very much to appease their feelings, and to procure us future advantages. After receiving kind treatment for nine or ten days we set sail, and on the 3d of March, having arrived in the Chesapeake bay, we tacked to the north to reach the Potomac river, to which we gave the name of St. Gre- gory. We called the point which stands on the south St. Gregory,* that on the north St. Michaels,! in ho- nour of the choir of angels. A larger and more beau- tiful stream I never have seen. The Thames compar- ed with it is but a rivulet. Bounded on the sides by no marshes, it runs between solid and rising banks. On either side are splendid forests, not overgrown by weeds or briars ; you might drive a four-horse carriage, with the reins loose in your hands, through them. We found the natives armed at the very mouth of the river. That night fires were blazing throughout the country, and as they had never seen so large a ship as ours, messengers were sent around to announce the arrival of a canoe as large as an island, and numbering as many men as the trees in a forest. We passed on to the Heron Islands, so called from immense flocks of those birds. We touched at the first of them, which we * Smith's Point. f Point Lookout. ANNALS OF ANNAPOLIS. 25 called St. Clements, on which, owing to its sloping banks, we could only land by fording. Here the maids who had landed to wash the clothes, were almost drowned by the upsetting of the boat. I lost a large portion of my linen no small loss in this part of the world. This island abounds in cedar trees, sassafras, and all those herbs and flowers entering into the class of salads, and the walnut tree with a heavy shell, and a small but very delicious kernel. A scope of four hun- dred acres did not appear sufficient for our new plan- tation. We desired a place which might preclude the commerce of the river to strangers, and also the possi- bility of their infringing on our boundaries. This was the most narrow crossing of the river.' 'On the day of the annunciation of the B. V. Mary, (25th of March,) we first offered the sacrifice of the mass, never before done in this region of the world. After which, having raised on our shoulders an im- mense cross, which we had fashioned from a tree, and going in procession to the designated spot, assisted by the governor,* commissary, and other Catholics, we erected the trophy of Christ the Saviour, and humbly bent the knee in reverence during the devout recitation of the litany of the holy cross. Our governor, how- ever, having understood that the great chief of Pisca- taway was obeyed by many petty chiefs, determined to visit him, to explain the objects of our coming; that having conciliated his good will, our settlement might be more favourably regarded by the rest. Having, therefore, joined to our pinnace another, which he had procured in Virginia, and leaving the ship at anchor off St. Clements, retracing his course, he sailed up the * Leonard Calvert. 3 * 36 ANNALS OF ANNAPOLIS. southern bank of the river. Finding the savages had fled into the interior, he proceeded to the village, which taking its name from the river is yet called Potomac. Here he found Archihu, the uncle and tutor of the king, who was yet a boy. The regency was in prudent and experienced hands. Father Altham, who accompa- nied the governor, (for I was detained with the bag- gage,) explained, by means of an interpreter, the truths of the Christian religion. The chief listened to him willingly, after acknowledging his own faults. Being informed that no hostile motives had brought us among them, but that feelings of benevolence prompted us to impart to them the advantages of civilization, and to open the path of Heaven to them, and to the more distant regions, he expressed himself not only well sa- tisfied, but very grateful at our arrival. The interpreter was from the Protestants of Virginia. As the Father could not explain every thing at once, he promised to return in a short time. 'I think,' said Archihu, 'that we should all eat of the same table ; my young men will visit the hunting grounds for you, and all things shall be in common with us.' From hence we went to Piscataway, where all immediately flew to arms. About one hundred, armed with bows, were drawn up with their chief at their head. On learning our pacific in- tentions, laying aside his fears, the chief stepped into the pinnace, and on understanding our benevolent views in their regard, gave us liberty to settle in any part of his kingdom we might select. In the meantime, while the governor was on his journey to the emperor, the savages at St. Clements becoming more bold, mixed familiarly with our sentries. We were accustomed to keep up a patrol day and night, to protect our wood- ANNALS OF ANNAPOLIS. 27 cutters, and our vessel, which was now undergoing re- pairs, from any sudden attack. The natives expressed" their surprise at the size of our vessel, and wondered what part of the earth produced a tree large enough to make such a boat ; for they thought that it, like an In- dian canoe, was hewn out of the trunk of a single tree. The report of our cannon struck them dumb with fear.' 'In his visit to the emperor, our governor carried with him as a companion, one Henry Fleet, a captain among the settlers in Virginia, a man much beloved by the natives, and skilled in the knowledge of their lan- guage and settlements. In the beginning he was very obliging to us, but being seduced by the malicious counsels of a certain Claiborne, he became very hos- tile, and in the most artful manner inflamed the minds of the natives against us. However, while he was our friend, he pointed out to our governor a suitable place for a settlement, than which a more heavenly and lovely spot Europe could not furnish. Having proceeded from St. Clements about nine leagues to the north, we glided into the mouth of a river, to which we gave the name of St. George.* This river flows from south to north about twenty miles before it loses, like the Thames, the salt water taste. In its mouth are two harbours, in which three hundred ships of the line could ride at anchor. We placed one of them under the protection of St. George, the other, more interior, under that of the B. V. Mary.'f 'On the left side of the river w r as the settlement of Yaocomico. We ascended on the right side, and hav- * Now called St. Mary's liver. t This harbour must be either the mouth of what is now called St. George's river, or the entrance to St. Inigoe's creek. 28 ANNALS OF ANNAPOLIS. ing halted about a thousand paces from the shore, we selected a site for the city, to be designated by the name of St. Mary. And to avoid all imputation of in- jury and occasion of enmity, having given in payment hatchets, axes, hoes, and some yards of cloth, we bought from the king about thirty miles of that part of the coun- try now called Augusta Caroline.'* 'A fierce and warlike nation of savages called the Susquehannahs, particularly hostile to king Yaocomico, made frequent incursions into his territory and devas- tated his settlements. The inhabitants, through fear of these savages, were forced to seek other homes. This was the cause of our having so promptly ob- tained possession of that part of his kingdom : God, in his goodness, opening a path for his law and eternal light by these means. The natives emigrate here and there daily, leaving behind them the fields and clearings that surrounded their homes. It amounts almost to a miracle that savages, who but a few days before array- ed themselves in arms against us, should now with the meekness of the lamb throw themselves on our mercy, and deliver up every thing to us. Here the finger of God is evident, and doubtless Providence has some good in store for this nation. A few have been per- mitted to retain their dwellings for one year, but the lands are to be delivered free into our hands the next year.' 'The natives are tall and handsome in their persons, their skin is naturally of a copper colour, but they daub it over with red paint mixed with oil, to protect them from the flies. f This practice, which is decidedly more of a convenience than an ornament, gives them a hide- * Now St. Mary's county. f Moschettoes. ANNALS OF ANNAPOLIS. 29 ous appearance. They daub their faces with other co- lours, at one time sky blue, at another red, and occa- sionally in the most disgusting and terrific manner. Being deficient in beard, at least until late in life, they draw painted lines from the corners of their mouths to the ears, in imitation of it. The hair, which is gene- rally black, is tied around with a fillet, and drawn in a knot to the left ear, with the addition of any ornament in their possession which they consider valuable. Some wear as an ornament a copper plate with the figure of a fish engraved upon it, placed upon the forehead. Others wear necklaces of glass beads ; beads are es- teemed of less value by them, and do not answer the purposes of traffic so readily. They are dressed gene- rally in deer skins, or something of that nature, hich hangs from the back in the fashion of a pallium, and is bound round the naval like an apron ; the rest of the body is naked. Boys and girls move about perfectly uncovered ; they tread on thorns and thistles, without sustaining injury, as if the soles of their feet were horn. Their arms are the bow and arrow, two cubits long, pointed with a piece of buckhorn, or sharp edged flint. They shoot these with such dexterity, as to transfix a sparrow at a considerable distance. Their bows are not very tightly strung, and they are unable to strike objects at a very great distance. By the use of these arms, however, they secure a sufficient quantity of food, as squirrels, partridges, turkeys, &c. of which there is a great abundance. They live in huts of an oblong and oval form, nine or ten feet high ; ,an opening of a foot and a half in size, through the roof, admits light and allows the smoke to .escape. They construct a fire on a pavement in the centre, and sleep in a circle around 3 30 ANNALS OF ANNAPOLIS. it. The kings and principal chiefs have each a hut of his own, and a bed made by driving four stakes in the ground and laying poles over them. A tent of this de- scription is allotted to my companion and myself, in which we are comfortably enough accommodated until a better house can be erected. This may be considered the first chapel in Maryland; it is, however, furnished in a more becoming manner than when it was inhabited by the Indians. In our next voyage, should Provi- dence smile on our undertaking, we shall be supplied with all that is necessary for furnishing houses gene- rally. The disposition of the tribe is sprightly and in- genious ; their taste is very discriminating, and they excel the Europeans in the senses of sight and smell. The* food consists of certain preparations of corn, which they call pone and ominy, to which is added fish and any thing that they have caught in hunting or in their snares. They have neither wine nor spirits, nor can they be easily induced to taste them, except such as the English have infected with their vices. As to their deportment, it is extremely modest and proper. In neither male nor female have I seen any action con- trary to chastity. They come voluntarily and mingle with us daily, offering us, with a joyful countenance, what they have caught in hunting or fishing, and par- taking of our food with us, when invited by a few words in their own language. As yet we are able to converse with them very little except by signs. Many of them have wives, and preserve their conjugal faith unsullied. The countenances of the women are sedate and modest. The natives seem possessed of most ge- nerous dispositions, and reciprocate liberally any acts of kindness. They decide on nothing rashly, nor are ANNALS OF ANNAPOLIS. 31 they affected by any sudden impulse of feeling; but when any thing of importance is submitted to their consideration, they reflect on it in silence, as if anxious to be governed entirely by reason ; then having formed their determination, they express it briefly, and adhere to it most obstinately. If they were once imbued with the principles of Christianity (for which indeed nothing seems to be wanting but a knowledge of their language) they would certainly become examples of every moral and Christian virtue.' 'They are much pleased with the courteous language, as well as the dress of the Europeans, and would now be clothed in our manner, if the avarice of our traders did not prevent it. Our ignorance of their idioms ha*s hitherto prevented us from learning accurately their opinions on religion. We have, however, through the aid of interpreters, (not always to be relied on,) caught these particulars : They acknowledge one God of heaven, whom they call our God. They pay him no external honours, but endeavour in various ways, to propitiate a certain evil spirit whom they call Ochre, that he may not injure them. I understand they wor- ttiip also grain and fire, as deities very benevolent to mankind. Some of our men say they saw the follow- ing ceremony in the temple Barcluxen. On a certain day, all the men and women of all ages, from many villages, assemble around a large fire ; the younger ones are in advance, nearer the fire ; then having thrown some deer's fat on the fire, they raise their hands aloft and cry out with a loud voice, ne rein- statedCromwell proclaimed in the Province Governor Stone declares the Puritans at Providence to be enemies of Lord Balti- more The Province again reduced Governor Stone rebuked by Lord Baltimore for resigning his Government Governor Stone re-assumes his office and pr wers as Governor Organizes a Military Force Seizes the Provincial Records Secures the Arms and Ammunition of the Province Governor Stone makes prepara- tions to reduce Anne Arundel to submission, and marches towards the Severn Arrives at Herring Creek Appears in the River Severn The Golden Lion Governor Stone's party land on Horn Point Captain Fuller, at the head of the Puritans of Providence, marches to meet them Battle on Horn Point Governor Stone condemned to Death The Soldiers refuse to- execute him Others executed The Property of Governor Stone and his party seques- tered Lord Baltimore restored to his Rights by the Lord Protec- tor Appoints captain Josiah Fendall Governor The Puritans ac- knowledge the authority of Lord Baltimore Acknowledgement. AFTER this last session of assembly, the affairs of the province seem to have subsided into apparent peace and quiet. The puritans of Providence appear to have acquiesced in, and submitted to the proprie- tary government at St. Mary's. In July of this year, governor Stone visited the set- tlement at Providence for the purpose of organizing it into a county ; and while there, he issued a commis- sion directed*to Mr. Edward Lloyd, gent.' ^pointing him c to be commander of Anne Arundel county until the Lord Proprietary should signify to the contrary,' and to ANNALS OF ANNAPOLIS. 41 Mr. James Homewood, Mr. Thomas Meares, Mr. Thomas Marsh, Mr. George Puddington, Mr. Mathew Hawkins, Mr. James Merryman, and Mr. Henry Cat- ]yn, 'to be commissioners of the said county, with Mr. Edward Lloyd, for granting warrants and commissions, and for all other matters of judicature,' &c. This commission bears date on the 30th of July, 1650, at Providence. Mr. Puddington had been one of the Delegates at the last session of assembly. The names of these gentlemen, thus commissioned, are given principally with a view of gratifying the reader, who may be a native of Maryland, that he may know the names of those who were the principal men among the puritans who first settled on the Severn, and from whom many respectable families in this state now deduce their descent. Governor Stone, it seems, agreeably to annual usage, had called an assembly, to meet at St. Mary's, in March of this year. But from strong cir- cumstances, it is to be inferred that the puritans of Providence (or Anne Arundel) refused or neglected to send any delegates or members to attend this assem- bly ; and Mr. Lloyd, as it appears, acting most proba- bly in conformity to the wishes of those over whom he presided as commander, returned some message 'to the general assembly then sitting at St. Mary's,' which gave considerable displeasure to the government there, or at least to Lord Baltimore, in England, when he came to be informed of it, who expressed his resent- ment at the message somewhat warmly in* a letter to the assembly. What this message was, is not now to be exactly 4* 42 ANNALS OF ANNAPOLIS. ascertained, no copy of it remaining on record. We are authorized, however, in collecting from what his lordship wrote upon the subject, that the purport of Mr. Lloyd's message was, that the inhabitants of Anne Arundel county, which they themselves called Provi- dence, had come to the resolution of not sending any burgesses or delegates to the general assembly at St. Mary's, notwithstanding the summons for that purpose. This stand was, without doubt, taken with a view to the expected dissolution of the proprietary government, and was probably meant by them as a prompt mani- festation of their willingness and desire, that Maryland should be reduced to the obedience of the common- wealth of England. As soon as the triumph of the commonwealth cause was consummated by the death of the king, and the results which followed it in the mother country, the Parliament directed its attention to the subjugation of the American colonies which had been disaffected to that cause. Governor Stone, having contended against the au- thority assumed by Bennett and Claiborne, commis- sioners appointed by the parliament for the reduction of the province of Maryland, but finding any oppo- sition useless, at length effected an arrangement with the commissioners ; by which he was permitted to retain and exercise his official powers, which appear to have been administered with fidelity to the com- monwealth. Yet, notwithstanding these acts of sub- mission, and professions of allegiance, he was soon after charged by the commissioners above named, with disaffection to the protector's cause. They demanded of governor Stone the Lord Balti- ANNALS OF ANNAPOLIS. 43 more's commission to him, which he showed them ; thus getting the commission in their hands, they detained it, and removed him and his lordship's other officers out of their employment in the province under him, and ap- pointed others to manage the government of Maryland, independent of his lordship. Thus was the province of Maryland completely re- duced to obedience to the parliament of the common- wealth of England, and all authority and power of the Lord Baltimore within the colony which he had planted at so much cost, and reared with so much care, entirely taken out of his hands, with the probable pros- pect, that it would never again be restored to him. After the commissioners had made a temporary set- tlement of the government in Maryland, they returned to Virginia, of which province Bennett was made the governor, and Claiborne the secretary of state. Bennett and Claiborne having thus provided for themselves honorable, and perhaps profitable stations in Virginia, returned to Maryland about the latter end of June, to make a more satisfactory settlement of the government of that province also. Finding that governor Stone had acquired, by his highly cor- rect conduct in his office, great popularity with the in- habitants of the province, and moreover that it was the manifest 'desire of the inhabitants, that governor Stone should re-assume his former place of governor ;' ar- rangements were accordingly made, and he was rein- stated by proclamation of the commissioners, bearing date the 28th of June, 1652. Contrary to the common usage of the colonial trade to the Chesapeake, 'no English shipping,' it seems, had arrived within the province of Maryland 44 ANNALS OF ANNAPOLIS. during the spring and summer of this year. Conse- quently, as governor Stone states, he had received no instructions or intelligence to direct him in the govern- ment of the province, no act by the colonial govern- ment was passed, directly affecting the interests of the settlement at Providence. In 1654, receiving certain intelligence of Cromwell's elevation to the protectorate, go- vernor Stone recognized and proclaimed him as pro- tector, on the 6th day of June, in this year. This same year, governor Stone, by proclamation, charged the commissioners, Bennett and Claiborne, and indeed the whole puritanic party mostly of Anne Arundel, with 'drawing away the people, and leading them into faction, sedition and rebellion against the Lord Baltimore.' Induced by this proclamation, the commissioners again returned to Maryland, and with the assistance of the puritans at Providence, by force of arms, turned out governor Stone and the Lord Baltimore's other officers, and put others in their places. After a short resistance, governor Stone, in July of this year, again submitted to the authority of the com- missioners' government. _ _ Early in 1655, it appears that governor Stone received written instructions from Lord Balti- more, in which he blames him for ' resigning up his government into the hands of the lord protector and commonwealth of England, without striking one stroke.' Being thus instigated by the Lord Proprietary, to attempt the recovery of the proprietary government, he now re-assumed his office of governor under his former commission. ANNALS OF ANNAPOLIS. 45 After such a rebuke from his lordship, governor Stone determined to resist the authority set up by the commissioners; and to make one more struggle for that power and authority which he had held from, and exercised under the Lord Proprietary's commission. In -virtue of his official authority, he proceeded to issue military commissions to officers, and to or- ganize an armed force in the county of St. Mary's, for the purpose of taking possession of the govern- ment. Of these he despatched a party to the house of Mr. Richard Preston, situated on the river Patuxent, where the provincial records had been deposited on the revolution in July last, and caused them to be seized and brought to St. Mary's. On the information of this seizure of the records arriving at Providence, (now Annapolis,) captain Fuller and his council, in whom the government of the province had been invested, sent two messengers with letters to governor Stone, ' in a way of peace and love,' desiring him to make it known by what power he surprised the records, and desiring an answer thereto. Governor Stone returned only a verbal answer that c he would shew no power, but affirmed that he acted by a power from Lord Balti- more ; and that the Lord Protector had confirmed the Lord Baltimore's power.' The messengers were there- upon dismissed and went home. Soon after this, governor Stone issued a proclama- tion for the purpose, it would appear, of quieting the minds of the people of Patuxent, on his resuming the government of the province, and his seizure of the records, protesting therein, that it was not his intention to use any hostile proceedings either against them or 46 ANNALS OF ANNAPOLIS. the people at Providence. As Mr. Preston's house on the Patuxent had been used since July last, as the seat of government for the province, where the provincial records had been kept, a considerable quantity of arms and ammunition, as it appears, had been there also deposited. Governor Stone, as a further precautionary measure, thought it proper to secure these arms and ammunition, and accordingly sent an armed party of twenty men for that purpose, under the command of William Eltonhead and Josias Fendel. They seized upon such arms, &c., as they could find, not only in Preston's house, but in others in the neighborhood, which it is stated they searched, and brought the same to St. Mary's. Soon after these transactions, governor Stone began to make preparations for reducing the puritans of Anne Arundel to a submission and obedience to Lord Balti- more's government. Having collected together and armed about two hundred of the yeomanry of St. Ma- ry's county, who were willing to follow him, he set out with his little army, about the 20th of March, 1654, 0. S. towards Providence. He had collected, also, about eleven or twelve vessels, probably such as are now called bay craft, for the transportation of some of his forces, part of them marching along the bay coast, and the vessels serving to ferry them across the mouths of the rivers. Before they had arrived at Herring creek, (sometimes called Herring bay,) in Anne Arundel county, they were met by messengers in a boat, who had been sent by the government at Providence with a letter to governor Stone, remonstrating against his proceedings, and de- siring to be informed not only of his authority and power ANNALS OF ANNAPOLIS. 47 in so doing, but whether 'he were resolved to come to no parley or treaty,' protesting, in the said writing, 'that, by the help of God, they were resolved to com- mit themselves into the hand of God, and rather die like men, than live like slaves.' No answer to this message appears to have been given by the gover- nor, as may be inferred from the fact that 'these mes- sengers were apprehended, and their boat seized ;' but three out of the six persons on board the boat, con- trived to make their escape, and carried back to the government at Providence the intelligence that Stone and his army were on their march towards them in hostile array. On the arrival of governor Stone and his troops at Herring creek, they found there, it seems, one of the commissioners, to whom the government had been in- trusted in July last, by Bennett and Claiborne. This gentleman they caused to be kept under guard : and either at this place or at a little further on his march, governor Stone deputed Doctor Luke Barber and Mr. Coursey to go on before them to Providence, with a proclamation addressed to the people of Anne Arundel. Of the contents of this proclamation, thus sent by Doc- tor Barber, we are not informed, except so much of it as is given by Doctor Barber, subsequently, to wit : that, 'in the end of this declaration, the governor did protest, as in the presence of Almighty God, that he came not in a hostile way, to do them any hurt, but sought all meanes possible to reclaime them by faire meanes, and to my knowledge, at the sending out of parties, he gave strict command that, if they met any of the Ann JJrundel men, they should not fire the first gun, nor upon paine of death, plunder any.' 48 ANNALS OF ANNAPOLIS. The 'declaration,' however, does not appear to have had any salutary effect ; for, although they were per- mitted to read the 'declaration,' yet, having no other treaty to offer, they were quietly dismissed to their own company, to whom they might have gone, if they would. But it seems that they did not return to governor Stone or his army. It is possible, that the rapid advance of the party to the harbour of Providence, might have precluded the necessity of it ; for, on the evening of the day after, governor Stone and his followers appeared in the river of Severn, at Providence, with eleven or twelve ves- sels, greater and lesser, in which their whole array was transported. On the appearance of this fleet, captain Fuller called a council of war, at which Mr. William Durand, the secretary of the puritan government at Providence, was appointed to go on board a merchant ship, called the Golden Lyon, then lying at anchor in the river, of which one Heamans was master. Mr. Durand was directed to affix a proclamation on the mainmast of the said ship, directed to captain Heamans, commander thereof; in which proclamation, 'he (the said Heamans) was re- quired, in the name of the lord protector and common- wealth of England, and for the maintenance of the just libertyes, lives, and estates of the free subjects thereof, against an unjust power, to be aiding and assisting in this service.' It appears, that 'the said captain Hea- mans, at first, was unwilling, but afterwards, seeing the equity of the cause, and the groundless proceedings of the enemy, he offered himself, ship and men, for that service, to be directed by the said William Durand.' Governor Stone, with his little fleet and army, had, ANNALS OF ANNAPOLIS. 40 by this time, about ' the shutting in of the evening, 5 as it is said, on the~24th of March, (0. S.) arrived within the outer harbour of Providence. He was now also within the range of the shot of the Golden Lyon, from whence a gun was fired at him, in order, as is said, to bring him or some messenger on board. Governor Stone did not think it proper to pay any attention to this signal of War, as it appeared ; but, having arrived within the mouth of the creek, which forms the southern boundary of the peninsula on which the city of Annapolis now stands, proceeded to land his men on a point of land which lies on the southern side of both the river Severn and the before mentioned creek, nearly opposite to and in an eastern direction from what is called the dock or inner harbour of Annapolis, and on which point or peninsula a small fortress, called Fort Horn, was afterwards built during the American revolutionary war. While governor Stone was landing his men on this point of land or peninsula, the commander Heamans, or Mr. Durand, thought it proper to repeat their fire upon the boats of governor Stone as they were rowing to the shore. The shot thereof lighting somewhat near to them, the governor deemed it most prudent to send a messenger on board the Golden Lyon to know the reason of their conduct, with directions to the messenger to inform the captain of the ship that he (governor Stone) thought ' the captain of the ship had been satisfied.' To which the captain answered, (in a very blustering tone, as it appears,) ' satisfied with what ? I never saw any power governor Stone had, to do as he hath done, but the superscription of a letter. I must and will appear for these in a good cause.' It would appear that 6 60 ANNALS OF ANNAPOLIS. . governor Stone and the captain had some explanation previous to the firing of this last gun at le'ast it is fair so to presume, from the nature of the captain's reply to his message. Governor Stone having moved his vessels further up the creek during the night, captain Heamans, or the puritans on shore, contrived early the next morning to place a vessel or vessels, 'with two pieces of ordi- nance' at the mouth of trie creek, and by that means blockaded governor Stone's little fleet within the same, so as to prevent them from coming out. The governor soon after, however, on the same day, (Sunday, the 25th of March, 1654-'5, 0, S.) appeared with his small army, in military parade, on a narrow neck of land, (most probably that on which the remains of the before mentioned fort now are,) near where he had landed. The captain of the ship (Heamans) observ- ing this, brought his guns to bear upon them, and firing at them, killed one war?, and by that means forced them to march further off into the neck. In the meantime captain Fuller, the puritan commander, with his company, consisting of a hundred and twenty men, embarked in their boats, most probably from the pen- insula whereon Annapolis now stands, and went up the river some distance, where they landed and marched round the head of the creek to where governor Stone and his people were waiting to receive them, a dis- tance of six miles. ' On the approach of the puritans, the sentry of the people of St. Mary's, or Marylanders, fired his alarm, gun, when the men of governor Stone immediately appeared in order. Captain Fuller still expecting that governor Stone might possibly give a reason for their ANNALS OF ANNAPOLIS. 51 coming, commanded his men upon pain of death not to shoot a gun, or give the first onset. Setting up the standard of the commonwealth of England, against which the enemy shot five or six guns, and killed one man in the front, before a shot was made by the other. ' Then the word was given, in the name of God fall on; God is our strength, that was the word for Providence : the Marylander's word was, Hey for Saint Maries. 1 The charge was fierce and sharp for the time ; but through the glorious presence of the Lord of Hosts, manifested in and towards his poor oppressed people, the enemy could not endure, but gave back, and were so effectually charged home, that they were all routed, turned their backs, threw down their arms, and begged mercy. After the first volley of shot, a small company of the enemy from behind a great tree fallen, galled us and wounded divers of our men, but were soon beaten off. Of the whole company of the Marylanders, there escaped only four or five, who run away out of the army to carry news to their confede- rates. Governor Stone, colonel Price, captain Gerrard, captain Lewis, captain Kendall, captain Guither, major Chandler, and all the rest of the councellors, officers and souldiers of the Lord Baltimore, among whom, both commanders and souldiers, a great number being papists, were taken, and so were all their vessels, arms, ammunition and provision ; about fifty men slain and wounded. We lost only two in the field ; but two died since of their wounds. God did appear wonderful in the field, and in the hearts of the people, all confessing him to be the only worker of this victory and deliverance.' 52 ANNALS OF ANNAPOLIS. In giving the above account of the battle, the words of Mr. Leonard Strong have been used, who, it is probable, was an eye-witness, and in the battle, he being one of captain Fuller's council, at Providence. It is alleged, that the puritans of Providence, seve- ral days after the fight, put to death four of governor Stone's party. We wish it was in our power to con- tradict and disprove this cold-blooded outrage, even at this late period, for the sake of humanity and the character of the first settlers of our native city ; but the evidence seems to be too strong to admit a doubt of its truth. Doctor Barber says, (and he appears to be entitled to full credit,) that, 'after the skirmish, the governor, upon quarter given him and all his company in the field, yielded to be taken prisoners ; but, two or three days after, the victors condemned ten to death, and executed foure, and had executed all, had not the incessant peti- tioning and begging of some good women saved some, and the souldiers others ; the governor himselfe being condemned by them, and since beg'd by the souldiers ; some being saved just as they were leading out to execution.' Mrs. Stone, also, in a letter to Lord Baltimore, states that, 'after quarter given, they tried all your councel- lors by a councell of warre, and sentence was passed upon my husband to be shot to death, but was after saved by the enemy's owne souldiers, and so the rest of the councellors were saved by the petitions of the women, with some other friends which they found there.' The four who were shot to death after trial by court- martial, were Mr. William Eltonhead, lieutenant Wil- ANNALS OF ANNAPOLIS. 53 Ham Lewis, Mr. Leggat, and a German, whose name is not mentioned, but who is stated to have lived with Mr. Eltonhead. The principle is universally acknow- ledged, that the captor in war, even in the case of civil commotions, has no right to put his captive to death, after surrender and quarter given. This most sanguinary transaction must, therefore, strike every enlightened individual at this day, as one of those atrocities which the vindictive passions incident to a civil war in any community are too apt to produce. The puritans of Providence having thus, by the de- feat of governor Stone, secured to themselves the go- vernment of the province, not only detained him and his followers for some time as prisoners of war, but pro- ceeded to the sequestration of their property, whom they termed delinquents. Our documents do not mention the length of time that governor Stone and his companions were detained at Providence, but it is supposed they were not libera- ted until captain Fuller and his council had despatched their messengers to England to prepossess the mind of the government there in their favor; and then not until they had the mortification of being witnesses to the execution of the order for a sequestration of their property. In this year, Lord Baltimore's right and authority over the province was admitted by the Lord Protector, and captain Josias Fendall was appointed governor by his lordship. What motives Lord Baltimore had for substituting Fendall as governor of his province, in- stead of governor Stone, does not appear. It was not until this year, that the puritans, who had settled at Providence, acknowledged 54 ANNALS OF ANNAPOLIS. themselves as being within Lord Baltimore's province of Maryland having considered themselves as being a part of Virginia, or a distinct colony. However, on the 24th of March, 1657, negotiations were entered into between the proprietary and the puritan government, for a surrender of the province to Lord Baltimore. Thus, after a lapse of six years, his lordship was again restored to the full enjoyment of his province, 'to the content and peace of all parties.' In tracing the early history of Providence, occa- sion is now taken, to acknowledge the entire indebted- ness of the compiler of these Annals to Bozman's able and interesting History of Maryland, for all the inci- dents and facts having a bearing upon it ; and to say, that a full and free use of that work has been made being sensible that nothing better could have been said on the occasion, than has been, by that admirable historian. Our records do not afford us any further information relating to the settlement at Providence until the year 1683. This, with several other omissions, unavoida- bly occur in these Annals, and is to be mainly attribu- ted to the removal of the records and public documents of the province from St. Mary's to Annapolis, some of which were greatly damaged.* To this cause, is to be added, also, the loss of some by the fire which destroyed the state-house in the year 1704, where they were chiefly deposited, * Proceeding of the Upper House of Assembly, St. Mary's, 10th May, 1682. MSS. Journal, page 418. 'Taking into consideration the ruinous condition of the state-house, (which hath been so chargeable to the country,) occasioned for want of some good, carefull and skillfull overseer at first appointed to su- pervise the managing' and carrying on the building thereof, insomuch ANNALS OF ANNAPOLIS. 55 CHAPTER III. Contempt of Assembly Trial of Edward Erbery Condemned and Whipped Witchcraft Condemnation of John Cowman And par- doned The Quakers remonstrate against taking Oaths Proceed- ings of the Assembly thereon Indian Affairs Protection of the Indians by the Colonists Hostility of the Siisquehanocks Causes of Treaty with them Murders committed by the Indians Expe- dition against them Five Chiefs of the Susquehanocks murdered Impeachment of Major Thomas Truman His Trial and Convic- tion Proceedings of the Assembly thereon Controversy between the Lord Proprietary and the Lower House of Assembly upon the Act for calling Assemblies Extracts from the Rules of the Lower House of Assembly Annapolis erected into a Town, &c. Com- missioners appointed to survey and lay out Annapolis Annapolis becomes the Seat of Government Governor Nicholson causes the Records to be removed from St. Mary's Public Ferry First Cor- poration of Annapolis Mr. Richard Beard makes a map of the Town A Market and Fair Proposition for a Bridewell Im- provement of Annapolis A Church proposed to be erected King William's School established William Pirikney a Student of it Governor Nicholson projects a Library for Annapolis A State- House built Roman Catholics Persecution of. __ IN the absence of other matter connected with the immediate history of Annapolis from the year 1657 to to 1683, the reader will doubtless be gratified at the perusal of such extracts from the MSS. journals of the province, between these dates, of an interesting and amusing character, not before made public. that the same, in a short time, (if not speedily repaired,) must inevi- tably fall to the ground, being already so leaky and decayed as will hardly secure the records of the province (there kept) from the weather, this House desire the Lower House to consider thereof, and to concur with this House, in new covering, and making such necessary repairs thereof, as may render the same useful and serviceable for the country, and in making a partition at the stair foot, that both Houses of Assem- bly may there meet, without which repairs and partition, the record* of the province must inevitably suffer next winter.' 66 ANNALS OF ANNAPOLIS. 'UPPER HOUSE, SATURDAY, 28th Jlpril, 1666. 'Then came a member from the lower house, and desired the governor, from the whole lower house, not to discharge Edward Erbery, merchant, from the sare of Bristol ; in regard, they had something to object against him, as well for abusing the lower house of assembly, as his lordship, last night.' 'Then came a member from the lower house, with this paper following : 'TUESDAY, 1st May, 1666. 'William Calvert, Esq. motions the house, 'That, whereas there was an abuse committed last night by Edward Erbery, to the disturbance of the whole house, in their quiet and rest, and the clerk of this house informs that the said Erbery did call the whole house papists, rogues, **** rogues, &c. which the speaker is desired to take notice of, and proceed therein, either by presentment or otherwise, as to him shall seem best, and that it be the first thing this house takes into their consideration or debate.' 'Mr. Nicholas Piccard and Mr. Richard Blunt in- formed the house of certain vulgar and indecent ex- pressions of Erbery concerning the lower house, and that they were ashamed of the place from whence they came.' 'Mr. Richard Hall says, that amongst a great many other extravagant words, Erbery said that Charles Cal- vert was a rogue.' 'William Calvert, Esq. saith, how that Erbery, in his hearing, said, we, viz. the assembly, were a com- pany of pitiful rogues and puppys, and there is not one in the country deserves to keep me company but ANNALS OF ANNAPOLIS. 57 Charles Calvert, who owes me ten thousand pounds of tobacco.' 'Mr. Richard Smith informs that this morning, when JErbery awaked, the said Erbery complained that he was bound ; that he remembered all that he had said last night, and that he was not drunk ; and in a threat- ning manner, said he would remember those that bound him.' 'The abuse that Edward Erbery gave to the lieu- tenant-general and this assembly last night, being taken into consideration, and upon a full debate there- on, had in this house, they do judge the same to be a scandal to the Lord Proprietor, to his lieutenant-gene- ral, and to both houses of assembly, and a great reflec- tion upon the whole province in general ; and, there- fore, unanimously voted by this house, that the said Erbery be brought before this house, to give answer to the abovesaid charge, in relation to those informations now given in against him.' ' Ordered by the speaker that Mr. Edward Erbery be brought into the house by the sheriff, &c, J ' And taxed by the speaker of all those words spo- ken, who making his appearance after the charge being read unto him, he answered that he remembered none of these words that is alledged, only he confesseth that he was in drink, and being further taxed about the words spoken this morning, (which were averred by a member of this house) he says that he remembers not that ever he spoke such words. * Which answer being taken into consideration, the house do judge the same altogether unsatisfactory, and that no person of full age shall take advantage by drunkeness in such case. 58 ANNALS OF ANNAPOLIS. ( Whereupon this house do humbly present the consideration hereof to the upper house, that they would please to signify to this house their resentment of the same, and what they shall judge further ne- cessary to be done with the said Erbery as touching the punishment or otherwise for this house's concur- rence therewith.' ' The upper house do order that the said Edward Erbery be tyed to the apple tree before the house of assembly, and be there publickly whipped upon the bare back with thirty-nine lashes, and that the sherrifF of St. Mary's county be commanded to apprehend the said Erbery and see this order put in execution, and that the said Erbery do pay the sherriff his fees before he depart out of his custody ; and further or- dered, that the said Erbery be, after he is whipped, brought into both houses of assembly publickly to ask them forgiveness.' (Signed) JOHN GITTINGS, Clerk. The following ' new and unheard of thing in this province,' is extracted from the journals of the upper house in 1674, and it is hoped and believed to be the only judicial transaction of its kind to be found upon its pages, to stain the fair fame of the noble founder, and usually enlightened legislators of this provice. If it be a matter of surprise that it should be found at all recorded there is it not also one of wonder and satisfaction that it should be the only one case when we reflect that the ( witch mania 1 had not yet passed from enlightened Europe, and still hung as a dark cloud over other provinces on this continent, and whose ad- vantages, flowing from education and science, were so much greater than that of this more recently settled ANNALS OF ANNAPOLIS. 59 ' colony, and will, in this instance, be satisfactorily ac- counted for, from the 'natural embarrassments incident to the planting of a new colony, and the consequent want of means for a more enlarged education.' 'UPPER HOUSE, February 17th, 1674. 'Came into this house, a petition of the lower house, as followeth, viz : 'To the honourable Charles Calvert, esquire, Lieu- tenant General and Chief Judge of the Provincial Court of the Right Honourable the Lord Proprietary, 'The humble petition of the Deputies and Delegates of the Lower House of Assembly, 'Humbly sheweth to your excellency, 'That, whereas John Cowman being arraigned, con- victed and condemned upon the statute of the first of King James of England, &c. for witchcraft, conjura- tion, socery or enchantment used upon the body of Elizabeth Goodall, and now lying under that condem- nation, and hath humbly implored and beseeched us, your lordship's petitioners, to mediate and intercede in his behalf with your excellency for a reprieve and stay of execution. 'Your excellencie's petitioners do, therefore, accord- ingly, in all humble manner, beseech your excellency that the rigour and severity of the law to which the said condemned malefactor hath miserably exposed himself, may be remitted and relaxed by the exercise of your excellency's mercy and clemencie upon so wretched and miserable an object. 'And your petitioners, as in duty bound, will ever pray, &c.' 60 ANNALS OF ANNAPOLIS. 'UPPER HOUSE, February 11th. 'The lieutenant-general hath considered of the peti- tion here above, and is willing, upon the request of the lower house, that the condemned malefactor be repriev- ed, and execution stayed, provided that the sheriff of St. Maries' county carry him to the gallows, and that the rope being about his neck, it be there made known to him how much he is beholding to the lower house of assemblie for mediating and interceeding in his behalf with the lieutenant-general, and that he remain at the city of St. Maries, to be employed in such service as the governor and council shall think fitt, during the pleasure of the governor.' The quakers, or friends, who had settled in Maryland at an early period of its establishment, suffering under that system of intolerance and persecution which pre- vailed against all dissenters at that, and down to a later day, remonstrated against the unjust laws of the pro- vince which debarred their testimony on 'affirmation,' and subjected them to heavy penalties for refusing to take the prescribed 'oaths ;' although contrary to their conscience, and, in their opinion, the Saviour's positive injunction, declared in his sermon on the mount 1 swear not at a//.' This remonstrance or petition ap- pears upon the journals of the upper house in 1674, and is as follows : 'SATURDAY, 23d May, 1674. 'Read in the house, a petition exhibited by certain quakers, as follows, viz : 'This we do lay before the governour and council and assembly, in the wisdom of God, to consider of, from us who are in scorn called quakers. 'What we can say and do instead of an oath, it is in ANNALS OF ANNAPOLIS. 61 obedience to Christ's command, that we cannot swear and take an oath, and Christ our Lord and Saviour's command is, 'I say unto you swear not at all.' Though in the old time, they were not to forswear themselves, but perform their oaths to the Lord ; and the Lord Jesus Christ's command is^ but let your communication be yea, yea, and nay, nay ; for whatsoever is more than these cometh of evil : and St. James saith, in his general epistle to the Church of Christ, above all things, my bre- theren, swear not ; neither by heaven, nor by the earth, nor by any other oath ; mark, but let your yea, be yea* and your nay, be nay, least you fall into condemnation. Now, here "ye may see, that Christ and apostles setts us yea, yea, and nay, nay, over and above an oath and swearing, and in lieu of an oath. See, in obedience to Christ and the apostles' command, it is, that we do not, and dare not swear, least we should go into the evil, and so fall into condemnation, as Christ and the apostles saith beforBi But, according to Christ Jesus and the apostles' command, doe keep to yea, yea, and nay, nay, wherein they do double their words to make them of more force. Christ Jesus to the disciples and the apostles to the church ; and now> if, that we are called to testifie the truth, or to serve in any office or place orjurie, if that we do break our yea, yea, or nay, nay, then let us suffer the same penalty, as they, that do break an oath, or are foresworne. And this not re- pugnant to the laws of England, having the same pe- nalty on the same transgression ; for, in Jamaica, their law is so, that our bretheren's testimony upon yea, yea, and nay, nay, as Christ and as the apostles commanded, is taken, and the same in the acts and province laws at Carolina, and the same in the patent and acts at Road 6 ANNALS OF ANNAPOLIS. Island, and the same in the new country of Jersey, is taken instead of an oath ; which the governour and his council and assembly may, by an act of assembly, let us have the same liberty here, as our bretheren have in other places, colonies or provinces, that we may not be put to inconveniences, for you do know what trouble often many of us are put to, because we cannot swear and take an oath, and do lose our rights and. that which is due to us from others, and how we have been made a prey upon by many, because we cannot swear, and have lost much in our estates, and cannot be so ser- viceable in our generation to the country, as we might be, and also what trouble we have had, who have been overseers or executors, or the like, that have been in- trusted with orphans, fatherless, and widdows' estates or wills, for want of an oath. And, therefore, you having power to remedie these things by making an act, we do lay them before you, and that if we do breake our yea, yea, or nay, nay, or what we testifie, then let us suffer the same punishment as they do that break their oaths or swear falsly ; and this we are willing to suffer, who profess faith in Christ, and would have all that profess the same, to exercise a conscience void of offence to- wards God and men. So you may remove this oppres- sion if you please, and let us have the same liberty that our friends and bretheren have in other couritrys and islands, as we are credibly informed ; whose hands are hereunto subscribed in the behalfs of our bretheren. 'WENLOCK CHRISTERSON, Jo. HOMEARD, 'WILLIAM PERRIE, Ri. BEARD, &c.' 'Ordered by the house, that the petition here above be sent to the lower house, and offered to their consi- deration.' ANNALS OF ANNAPOLIS. 63 This petition was accordingly sent to the lower house, who returned it with a message requesting to be informed by his excellency and the upper house, whether, in their opinion, the assembly had the power to alter the form of the oath prescribed by the laws of England, in point of evidence between the king and his people, &c. in matters depending within this pro- vince or not. To which message, the upper house replied, that they had resolved, that the petition should remain upon the journal till further advice from the Lord Proprietary, who declared that he 'formerly had intentions of gratifying the desire of the said people, called quakers, in that kind ;' but, for some reason not mentioned, his lordship desired 'that all proceedings therein be, for the present, suspended.' This highly respectable and long misunderstood society of Christians, were not restored to the rights and privileges, so moderately, but firmly, insisted upon in the foregoing petition, until the year 1702* when the legislature struck from the statute books this relict of intolerance. For several years previous to 1675, the in- habitants of the province of Maryland, and the Indians within, and upon her border county, lived upon terms of peace and amity. Indeed, it could not well be otherwise, such being the nature and benevo- lent character of the laws and resolutions of the pro- vince for the protection of the friendly Indians. From the proceedings of the assembly, the strongest dispo- sition was manifested to cherish and protect them ; and in no instance did the government take from the * See act of 1702, chap. 1, sec. 21, v 64 ANNALS OF ANNAPOLIS. .' Aborigines one acre of land without a remuneration perfectly satisfactory to them.* The cause of the fre- quent removals by the Indians grew out of the wars carried on between the different tribes. The Piscatto- way and Patuxent Indians, who were uniformly friendly to the colonists, were protected from the more fierce and warlike tribes of Senecas and Susquehanocks, by the forces of the province. At least in one instance (in 1673) the province rented land 'of the orphans of a Mr. Billingsley,' for the space of five years, for the use of the Mattapanie and Patuxent Indians, until 'some other place might be found for further settlement,' and the expense ordered to be paid out of the public treasury. The Piscatto- ways were located at the head of the Potomac, and were presented with many implements of husbandry and every possible inducement held out to encourage them to make a permanent residence there. Three years provision was supplied them, that they might not want, and until they could by the cultivation of their land support themselves. Arbitrators were appointed throughout the province to determine all difficulties which might arise between the English and the Indians : * 'Resolved, That if there be any pretence of conquest, it can be only supposed against the NATIVE INDIAN INFIDELS; which suppo- sition cannot be admitted, because the Christian inhabitants purchased great part of the land they at first took up from the Indians, as well as from the Lord Proprietary, and have ever since continued in an amicable course of trade with them, except some partial outrages and skirmishes which never amounted to a general war, much less to a general conquest, the Indians yet enjoying their rights and priviledges of treaties and trade with the English, of whom we yet frequently purchase their rights of such lands as we take up, as well as of the Lord Proprietary.' See journal of the house of dele- gates, 1722 page 2. ANNALS OF ANNAPOLIS. 65 and where even-handed justice was not awarded to the Indian, the offending arbitrator met with the censure of the assembly, and with suitable punishment. The Susquehanocks commenced hostilities against the colonists in 1639, and committed many murders and depredations on them. This warfare appears to have been brought on by the endeavors of the colonists to stay their incursions against the peaceable and friendly tribes of Piscattoway and Patuxent, and pro- bably the Yoamacoes, with whom the Susquehanocks never ceased to wage hostilities since the first settle' raent of the Maryland colony at St. Mary's, In 1652, at the earnest desire of the Susquehanocks, a treaty of peace and amity was concluded between them, the colonists and the friendly Indians, This treaty took place 'at the river Severn, in the province of Maryland, 5 * on the fifth day of July, in that year. The terms of the treaty then made, appear to have been inviolably observed until this year, (1675) when a circumstance occurred to disturb the harmony which had so long endured between the respective parties ; the particulars of which will be presently given from the journals of assembly, under the head of 'the im- peachment of major Thomas Truman.' The Susquehanocks, who had been till about this period, (1675) one of the most powerful of the Indian tribes in Maryland -had in their turn lo fly before the more formidable and warlike tribe of Senecas, and were driven by them from the head of the Susque- hannah. They took refuge in the neighbourhood of the Piscattoways, at the head of the Potomac. Soon after their reaching this, place, Maryland and Virginia * Now the City of Annapolis. 66 ANNALS OF ANNAPOLIS. were induced in consequence of recent murders having been committed on several of the inhabitants, to send out an expedition in that direction. The united forces of Maryland and Virginia invested a fort, then occu- pied by the Susquehanocks, but belonging to the Piscattoways. It appears from the journals of assembly that five of the chiefs of the Susquehanocks were enticed from this fort under pretences of friendship, and then treach- erously murdered for which major Truman, who commanded the Maryland forces, was impeached and tried for murder. As another evidence of the justice of the province, even to a 'cunning skulking, and dangerous enemy,* proof will be adduced from the journals, on the impeachment of major Truman.* 'Impeachment of major Thomas Truman.' 'UPPER HOUSE. 'On Tuesday, May 16th, (1676,) at Sin the morning, the house met. 'Present : The PJ^ht Honourable the Lord Proprie- tary, the Honourable Secretary, Jesse Wharton, Esq., Thomas Taylor, Esq., Baker Brooke, Esq. 'The Honorable Chancellor enters the house. 'The lower house requested by colonel Burgess and Mr. Weekes, that the commission and instructions from his lordship to major Thomas Truman, touching the late warr with the Indians, may be sent to them by this house. In pursuance whereof the Honourable Secretary and lieut. col. Tailor were by this house * This major Truman was at one time a distinguished member of the assembly, and chancellor of the province. ANNALS OF ANNAPOLIS. 67 sent with a true copy of the said commission and in- structions, who delivered the same to the lower house.* 'LowER HOUSE, 16th May, 1676. 'Voted that a message be sent to the right honour- able the Lord Proprietary and upper house, to desire to know in what articles of major Truman's commis- sion and instructions he hath been faulty, and who are the persons that accuse him, and can prove it ; that so the said persons may attend this house to give them satisfaction in the crimes and offences of the said Truman.' 'In answer to which message this house returned to the lower house, that it is conceived by this house, that the lower house are the general inquisitors of this province, and ought to become impeachers of the above mentioned Truman, touching his guiltiness of the breach of any of the articles above, as the same shall appear to them upon examination of witnesses. Some of the most considerable of the said witnesses now sitting in their house, and that this house is ready to receive the said impeachment. 'Signed by order, RICHARD BROUGHTQN, Clerk of the Assembly* 'Ordered, that Cornet Courtney and William Cole do appear before the lower house, to make report of some matters to them, touching the impeachment of major Thomas Truman.' 'Ordered by the upper house, that captain Henry Darnell do forthwith secure the person of major Thomas Truman in safe custody, till the said major shall clear himself of such crimes and offences whereof he, shall stand impeached by the lower house of assembly.' 68 ANNALS OF ANNAPOLIS. 'Ordered, that captain John Allen and doctor Charles Gregory do, with all expedition, make their appearance before the right honourable the Lord Proprietary and his honourable council, sitting in assembly, to testifie the truth of their knowledge touching the late barba- rous and inhumane murder of five Susquehannah In- dians, and that the said captain Allen give strict com- mand to his lieutenant to continue ranging the woods in his absence. 'Signed, &c.* 'To captain John Jlllen and l Dr. Charles Gregory, of Charles county .' A similar order to the foregoing was issued to Ninian Beale. 'Interrogatories for John Shanks, to be examined touching the late expedition against the Susquehannah Indians. 1st. 'Whether major Truman, with the forces under his command, was at the north side of Pis- cattoway creek, and did there expect and meet the Virginians. 2d. 'Whether the said major consulted with his of- ficers and those of Virginia afore he held any discourse or treaty with the Susquehannah Indians which came out of the fort ; also, whether it was with the knowledge of any of his officers, that he treated and endeavoured to make the Susquehannahs believe he intended no harm or disturbance to them, and what officers or others he knowes were present when orders were given by the major for the putting those great men to death. 3d. 'Whether he knows that, at any time, the of- ficers of Virginia did desire or put major Truman upon any design pressing him to employ his soldiers about or upon any service during the seige, and if major Tru- ANNALS OF ANNAPOLIS, 69 man did, at anytime, execute anything at their request by receiving instructions or directions from them. 4th. 'Whether did major Truman bid the Susque- hannahs not to fear him, or tell them that he came only to seek the Seneca's, and that he would lodge that night hard by them, and use that as an argument for them, their wives and children, not to be afraid, or that or any other expression to that effect. 5th. 'What writings, articles of peace or amity did the said Susquehaanahs ever produce to major Tru- man. 6th, 'Did the said Susquehannahs ever shew a med- dall of silver, with a black and yellow ribbond. 7th. 'Did they shew the said ribbond and meddall as a pledge of amity given them by the former governors of this province, and was the said meddall given to major Truman or any other Englishman, or was it car- ried back again into the fort, 8th. 'Did major Truman stay at the north side of Pisscattoway creek till the Virginians came thither to him, or did he there treat with them concerning the management of the warr against the Susquehannahs. 9th. 'Did the Susquehannahs ever after offer any treaty of peace, or desire to continue friendship, and whether did major Truman ever demand satisfaction from them for any injuries done, or tell them they were the persons which we suspected had injured us.' 'The answer of John Shanks" to several interrogato- ries put to him by the upper house. 'This deponent saith that he, with the Maryland forces, being at the fort of the Susquehannahs on the Sabboth day, he was sent up to the fort to desire one of the great men, by name Harignera, to come and speak 70 ANNALS OF ANNAPOLIS. with major Truman, and the said Harignera being dead, this deponent desired some other great men to come and speak with the said major, upon which message of his, there came out three or four of them, and this deponent was commanded by the major to tell them of the great injuries that had been done to the country, and that he came to know who they were that had done them, and the great men replyed, it was the Senecas ; and this deponent saith, that there being present other Indians from other towns, the major desired some of their young men to assist as pilotes^ as well as the neighbouring In- dians had done, to join in pursuite of the Senecas, and the said Indians replyed, the Senecas had been gone four days, and that, by that time, they might be at the head of Patapsico river ; to which major Truman re- turned, that he had good horses, and they -were good footmen, and might soon overtake them, and the In- dians replyed, that they would. And the deponent further saith, that, in the morning following, the Sus- quehannahs' great men being at the place of meeting before the Marylanders and Virginians, the said great men were taxed again by the Virginians more highly of the injuries done by them in Maryland and Virginia, and they utterly denyed the same. And thereupon, this deponent was commanded to declare to them that they should be bound ; and this deponent saith, further, that there was an old paper and a meddali shewed by the said Indians, with a black and yellow ribbond there- to, and that the said Indians did say, the first day, in the evening thereof, that the same was a pledge given and left with them by the former governors as a token of amity and friendship as long as the sun and moon should last. And this deponent saith, to the best of ANNALS OF ANNAPOLIS. his remembrance, all the Virginia officers were present when the Indians were bound ; and this deponent saith, that the first night of meeting with the Susquehannahs, he was ordered to declare to them that major Truman did believe the Senecas had done the mischief, and not they, and that he was well satisfied therein.' 'SATTUBDAY, May the 20th, 1676. 'The house met. 'Touching the murder of the Susquehannah Indians, captain John Allen being sworn and examined, saith, that about the 25th or 26th day of September, on Sun- day morning, the Maryland forces appeared before the fort, under the command of major Truman, who, send- ing Hugh French and another to the fort, there came out two or three of the Indians, and more afterwards to the number of thirty or forty, and the major examined them concerning the mischief that was done to Mr. Hanson and others, and if they knew what Indians they were, and they told them it was the Senecas. During which discourse between the major and them, came over colonel Washington, colonel Mason, and major Adderton, and they likewise taxed them with the mur- ders done on their side by them, but they made the same reply as to major Truman, that it was none of them ; so, when they saw they could get nothing out of them, then they made it appear that three of the said Susquehannah Indians were they that did the murders on the other side. On Munday morning early, the ma- jor commanded Mr. Coad and two or three ranks of men, whereof himself was one, to go to the house of Mr. Randolph Hanson, to see if the Indians had plun- dered it, and, if they found any ammunition, to bring it 72 ANNALS OF ANNAPOLIS. away ; which, accordingly, they did ; and after return back to the fort, the deponent saw six Indians guarded with the Marylanders and Virginians, and the major, with the Virginia officers, sitting upon a tree some dis- tance from them ; and, after some while, they all rose and came towards the Indians, and caused them to be bound ; and after some time, they talked again, and the Virginia officers would have knocked them on the head in the place presently, and particularly, colonel Washington said, what should we keep them any long- er let us knock them on the head -we shall gett the fort to-day. But the deponent saith, the major would not admitt of it, but was overswayed by Virginia offi- cers. And, after further discourse, the said Indians were carried forth from the place where they were bound, and they knocked them on the head. 'Colonel Samuel Chew and colonel Jesse Wharton sent to desire the lower house to acquaint this house whether they have drawn up any thing by way of im- peachment of major Thomas Truman, and that they would please to signifie the same to this house by a member of their own house.' 'MONDAY MORNING, May the 22d. 'The house met. ^Colonel William Burgess, Mn Robert Carville, Mr. Kenelm Chiseledine, Mr. William Stephens, &c. brought in an impeachment against major Thomas Truman, with several depositions relating thereto, which impeachment is as follows : 'To the Right Honourable the Lord Proprietary of the Province of Maryland, and Avalon, Lord Baron of Baltimore, &c. , ANNALS OF ANNAPOLIS. 73 'Articles against major Thomas Truman, exhibited by the lower house of assembly to the right honourable the Lord Proprietary, and upper house of assembly, 'We, your lordship's most humble, true, faithfull and obedient people, the burgesses and delegates in your lower house of assembly, being constrained, by neces' sity of our fidelity and conscience, in vindication of the honour of God, and the honour and welfare of your lordship and this province, do complain and shew that the said major Thomas Truman, late commander-in- chief upon an expedition against the Indians at the Susquehannah forte, hath, by many and sundry ways and means, committed divers and sundry enormous crimes and offences, to the dishonour of Almighty God, against the laws of nations, contrary to your lordship's commission and instructions, and to the great endan- gering of your lordship's peace, and the good and safety of your lordship's province, according to the articles hereafter mentioned, that is to say : 'We find, upon reading your lordship's commission and instructions, and the affidavits which we herewith send to your lordship and upper house of assembly, and which we humbly submitt to your lordship's examina- tion and serious consideration. 'The first. That the said major Truman hath broken his commission and instructions thus : that the said ma- jor Thomas Truman having received six Indians sent out by the Susquehannahs as embassadors to treat with him on the Sunday after the arrival of the Maryland forces, and received their paper and meddah 1 , by which we find they were received as friends, and in amity with us, and had liberty of going back to the fort, and were assured that no intention of force was to be used against 7 74 ANNALS OF ANNAPOLIS. them, and that no damage should be done to them, their wives, or children, and that they did, that night, go into the forte, and the next morning did return again with the like number, only one Indian changed, and supposed to come on purpose to treat, and not in any hostile manner, yet the said major Thomas Truman, without calling any council of warr of your lordship's officers under his command, as he ought to have done, did, in a barbarous and cruel manner, cause five of the said Indians to be killed and murdered, contrary to the law of God and nations, and contrary to your lordship's commission and instructions, 'Secondly. That he, the said major Thomas Truman, ought, according to your lordship's instructions, to have acquainted your lordship before he caused the said In- dians to be executed, for your lordship's advice and directions in that case, which we do not find he did. 'Lastly. That he hath broken your lordship's instruc- tions in this also, that that, if the Virginia officers did advise and consent to the killing of the said Indians, that he did not, in an open council of warr, cause the same to be judiciously entered in writing by his clerk or secretary, and such the Virginians consent and desire for the doing thereof, to be signed under their hands, to be kept for justification of himself and the people of this province. 'Therefore, for that, by the said articles, it appears that the said major Thomas Truman hath broken his commission and instructions in murdering the said In- dians, to the dishonour of God, and your lordship and this province. They humbly pray that your lordship and upper house of assembly will take such order with the said major Thomas Truman as may be just and rea- ANNALS OF ANNAPOLIS. 75 sonable, in terror of others to beware of such offences against your lordship for the future. And your lord- ship's most humble and obedient servants, as in all duty bound, shall daily pray for your lordship's long and happy dominion over us,' &c. 'LOWER HOUSE, May the 22d, 1676. 'The committee, having drawn up the above im- peachment against major Thomas Truman, and pre- senting to this house for their further consideration, put to the vote, whether the said impeachment shall be transmitted to the upper house as the committee hav$ drawn it, yea or noe. 'Voted, that it be transmitted to his lordship and up- per house, as it is drawn by the committee, together with all the depositions relating thereto annexed to it. 'Signed by order of the lower house, 'ROBERT RIDGELY, Clerk. 1 'UPPER HOUSE, 26th May, 1676. 'Ordered, that the honourable secretary be requested to acquaint major Thomas Truman that his witnesses cannot be sworn by this house to-night. 'To-morrow morning being the day appointed for the tryall of major Thomas Truman, impeached by the lower house, this house desire to know of the lower house how they intend to proceed against the said Truman, and that they will send their vote to this house this night, with the names of the persons who they in- tend shall manage that affair.' 'LOWER HOUSE, 26th May. 'Ordered, that the attorney-general, Mr. Robert Car- vile, colonel William -Burgess, and Mr. William Ste- 76 ANNALS OF ANNAPOLIS. phens manage the impeachment against major Thomas Truman, at his tryall. 'The lower house desiring that the original impeach- ment against major Thomas Truman, with the original depositions, may be put in the hands of such persons as the lower house have voted to manage the said impeachment. 'The honorable secretary, by order of this house, did go down with the said impeachment and depositions.' 'On Saturday, May 27th, the house met in the after- noon. 9 * 'Present, The Right Honourable the Lord Proprie- tary, the honourable Chancellor and Secretary, colonel Samuel Chew, colonel Jesse Wharton, and colonel Thomas Taillor. 'Major Thomas Truman having due notice given him on Thursday last to prepare for his tryall, this af- ternoon being called, did make his appearance, and the articles of impeachment against the said major Thomas Truman being read, and after this, the several deposi- tions annexed thereto, which, also, were sworn to by the several and respective deponents in the presence and the hearing of the said major Thomas Truman, Mr. Kenelm Chisledine, his lordship's attorney-general, Mr. Robert Carvile, colonel William Burgess, and Mr. Wil- liam Stephens, -according to a preceding order of the lower house, did manage the said impeachment, and urge the several evidences against the said major Tru- man, and the said major, by Mr. Benjamin Rozier, his council assigned him, did confess the same, and de- clared that the said major did no way intend to stand upon his justification ; after which confession and de- claration, the said major, by his said council, did hum- ANNALS OF ANNAPOLIS. 77 bly pray that this house would admitt the reading of a certain paper which the said major said he hoped would somewhat extenuate and mitigate the crimes before by him confessed, so that they should not appear so griev- ous and enormous as in the said impeachment they were held forth to be ; and the said major Thomas Truman, by his said council, was admitted to make his defence* 'Whereupon, and upon full hearing on both sides, and after reading of the said major's commission and instructions from his lordship and council, was put the question, whether major Thomas Truman be guilty of the impeachment exhibited against him by the lower house, and voted, nemine contradicente, that the said major Thomas Truman is guilty of the first article of the impeachment for commanding five of the said Sus- quehannahs that came out to treat with them, to be put to death, contrary to the laws of nations, and the second article of his instructions, by which he was ordered to entertain any treaty with the said Susquehannahs. 'Upon which vote, it was ordered that a messenger be sent from this house to the lower house, to desire them to draw up a bill of attainder against the said major Thomas Truman. 'Ordered, that Philip Saunders be sent for, to attend this house in pursuance to a petition exhibited by major Truman for that purpose.* 'UPPER HOUSE OF AS&EMBLY, June 1st, 1676. 'Then was taken into consideration the bill of attain- der of major Thomas Truman, sent up from the lower house yesterday, and upon serious consideration thereof and debate thereupon, this house do judge that the act drawn up against major Thomas Truman does, in na 7* 78 ANNALS OF ANNAPOLIS. ways, answer or justifie the impeachment upon which it was grounded, for that, in the said impeachment, the said Truman stands charged of crimes committed against the laws of God, nations, this province, as also against the commission and instructions given him, viz: 'for the barbarous cruelty in causing to be put to death and murdering the five Indians, of which he being found guilty, the punishment prescribed and assigned in the said act of attainder, does no ways agree with, or answer the nature of that defence, it being greatly dishonourable, as well as unsafe and dangerous to lay any fine in such cases, and where such horrid crimes have been committed.' 'That the lower house of assembly having laid the impeachment soehigh, (thought, as it is conceived,) no higher then the nature of the crime well deserved ; it will be much wondered by those who shall hear and view our proceedings thereon, what shall be the cause why the same hath been past over with so slender and slight a punishment, being no more than what crimes of a more inferior nature might have deserved. That, by this act of attainder, the government will not suffi- ciently be cleared, nor have it made appear to the world, how much the wickedness of that action is de- tested and disowned by us ; nor in any sort will the lower house of assembly make out that great sense which, in their impeachment, they have expressed to have of that action. 'And which very much concerns the interest and safety of the government, it will not give any satisfac- tion to the heathens, with whom the publick faith hath been broke, and untill such actions are in a more pub- lic manner disowned, that the Indians may take notice ANNALS OF ANNAPOLIS. 79 thereof. It is not to be expected that any faith or credit will be given to any treaties we shall have with them which, in this dangerous juncture of affairs, the country will stand in need of, and on which we must, in some measure, depend on, as the lower house of as- sembly were of opinion when they sent the paper iji answer to captain John Allen's longer ranging. 'That, if crimes of so high a nature shall deserve no greater punishment than what is inflicted by that act, offences of a lower nature will not require any, and by this means, and through such proceedings as these, no commissions, instructions, powers and directions for the future, will ever be observed, and to no purpose will it be to think to tye up an officer by such hereafter, and so all authority will become ridiculous and con- temptible. In fine, by this act the lower house of as- sembly will have owned the actions of the said Truman more then (as they thought to have done) detested and abhorred them, and so render the government odious to all people that shall become acquainted with the pro- ceedings.' 'LOWER HOUSE, 2d June, 1676. 'This paper being read in the lower house, and the debate re-assumed in this house, touching the said bill of attainder, and voted, nemine contradicente, that the said major Truman, for his crime, does not deserve death, in regard that several circumstances that ap- peared at his tryall, extenuate his crime very much, as the unanimous consent of the Virginians and the eager impetuosity of the whole field, as well Marylanders as Virginians, upon the sight of the Christians murdered at Mr. Hinson's, and them very Indians that were there killed, being proved to be murderers, both of them and 80 ANNALS OF ANNAPOLIS. several other Christians ; and in regard, also, that it appears to this house, that the said crime was not ma- liciously perpetrated, or out of any design to prejudice the province, but meerely out of ignorance, and to pre- vent a mutiny of the whole army, as well Virginians as Marylanders ; wherefore, this house do not think fitt to recede from their former vote.' 'UPPER HOUSE, June 2d, 1676. l ln pursuance to the paper from the lower house, read the 2d of June, touching the bill entituled an act of attainder, his lordship and this house do conceive it not safe for them to vote the killing of the five Susque- hannah embassadors no murther, for to them and all the world, it would and will certainly appear the greatest that ever hath been committed. 'That the unanimous consent of the Virginians (if true) does no ways alter the nature of the crime, nor since the said Truman had instructions plain enough to have made him abhorred and abominated so black an action, can as little serve for an extenuation thereof ; and whereas, in the said paper, for a further extenua- tion, it is signified that the said major, to prevent a mutiny of the whole army, was compelled and drawn to that action, this house are of another opinion ; for, at the said Truman's tryall, did too plainly appear that his first commands for the killing of those Indians were not obeyed, and that he had some difficulty to get his men to obey him therein, and that after they were putt to death, not a man would own to have had a hand in it, but rather seemed to abhorr the act, which, untill now, hath been termed by all persons, those that were exe- cutioners only excepted, the most execrable of mur- thers. ANNALS OF ANNAPOLIS. 81 'That the crime was not maliciously perpetrated as to authority, this house doth believe. But that it was done treacherously, and that in it a great and unheard- of wickedness was committed, by the lower house, can- not be denyed. And whether, by that action, the pro- vince will not be prejudiced, and many English mur- dered, his lordship and this house leaves to the further consideration of the lower house, no way pressing them to recede from their so positive vote, only desiring them, that they will take notice that what is now undone lyes at their doors, and not with us who are positive in this, that his lordship and upper house dare not, and there- fore resolved, not to proceed upon an act which only bears the title of an act of attainder.' 'UPPER HOUSE, June 10th, 1676. 'This house, upon perusall of their own journal, do find that this house did not referr it to the consideration of the lower house, what punishment major Truman deserved, but ordered that ajpessage should be sent to the lowfer house to desire them to draw up a bill of at- tainder against the said Truman, (which, when the lower house shall think fitt to draw up,) this house, as in the last paper they promised, will proceed upon.' 'LOWER HOUSE, June 12M, 1676. 'Touching that message received from the upper house on Saturday, in relation to major Thomas Tru- man, this house do say, that in desiring them to draw up a bill of attainder against major Truman, implies they were to consider not only of his crime, but his pun- ishment also ; and, therefore, desire that his lordship would be pleased to send an answer of this house's pe- 82 ANNALS OF ANNAPOLIS. tition* to his lordship, in behalf of the said Truman, and to pass this bill of attainder as it is drawn in this house. 'This house conceiving it is their undoubted privi- lege not only to consider of his crime, but punishment.' 'UPPER HOUSE, June 12th, 1676. 'In answer to the paper received from the lower house, dated the 12th instant, relating to major Tho- mas Truman, this house do say, that the bill is only an attainder in the title, not in the body of the act. That this house cannot consent to inflict a pecuniary punishment upon a person who hath been accused by the lower house of murder, and by this house found guilty of the same ; and do further say that it is against the priviledges of this house to press this bill upon them any further.' Here end the proceedings of the assembly in regard to this subject. On reference to an order a few pages back, it will be found thaj; Philip Saunders was sum- moned to attend the assembly, on the petition of major Truman. What new light Mr. Saunders was able to throw on the matter, favorable to major Truman, our records do not inform us ; but we may safely infer that it was of a nature calculated to produce the 'unanimous decision of the lower house,' that major Truman, though guilty of the charge alleged against him, was not de- serving of capital punishment, from the facts brought before them, of an extenuating character. R At the meeting of the assembly in August of this year, on calling the lower house, there ap- * This petition is not entered on the journals of the upper house, or it would have appeared in its proper place among these extracts. The journals of the lower house, for this period, are lost. ANNALS OP ANNAPOLIS. 83 peared twelve vacancies. The lower house immedi- ately presented an address to the Lord Proprietary, sta- ting this fact, and requested that his lordship would appoint some officer to whom the speaker of their house might direct his warrants to cause the said vacancies to be filled ; until which, 'they humbly conceived them- selves greatly incapacitated to act and do proportiona- ble to the great trust reposed in them, and sufficiently to consult the grand and weighty affairs of the pro- vince.' They also remonstrated against his lordship having called but two members from each county, at the present session, when four should have been called from each, according to law and custom in the pre- mises. His lordship sent a message to the lower house, desiring their presence. On entering the upper house, the Lord Proprietary said, 'that by his proclamation by which they were now called, the law for four delegates is sufficiently disassented to, and that, otherwise, he would gratify their request in issuing out writts for fill- ing up vacancies :' and the lower house was requested to unite with the upper house, with the members then present, and to proceed to the transaction of the busi- ness of the province. The lower house still hesitating to enter upon the 'great and weighty affairs' for which they were con- vened, his lordship consented that writs might be issued for supplying the vacancies for the present, pro- vided the lower house would acknowledge it as a favor from his lordship, and so enter it upon their journals. The lower house consented to make such an entry upon their journals, and to agree to two members being elected from each county, instead of four, provided his 84 ANNALS OF ANNAPOLIS. i lordship would consent that the speaker of their house should, in all future vacancies, have the authority to send his warrant to the secretary of the province, to issue out writs to fill all vacancies which might occur by death or otherwise, and stated their unanimous reso- lution 'to stand to and not to recede from the substance of their address,' and the right of their speaker to issue his warrants in case of vacancies ; and that they had 'made all the condesentions they can, without apparent violating their priviledges,' and hoped that the upper house would concur therein. The upper house objected to grant the authority de- sired, for the speaker to send out his warrants of elec- tion, which they conceived, 'aimed at things wholly new and unheard of in this province.' The lower house responded to the last message, viewing it as a 'denyal of the just and reasonable pro- posalls of this house for the future election of deputies,' &c. and passed a unanimous vote, 'that it was the un- doubted priviledge of this house, that the speaker of this house issue his warrants,' &c. and considered it 'a very unsafe, ill precedent to proceed any further in the business of the session, and requested his lordship to appoint some person to whom said warrants should be directed,' The chancellor is thereon sent by his lordship to the lower house, to acquaint them 'that he cannot but won- der how the lower house of assembly assume to them- selves a power here that is not only new to us, and un- heard of before in this province, but not practiced in Virginia, Barbadoes, or any other of his majesties plan- tations,' &c. *His majesty hath the sole power to dispose of his ANNALS OF ANNAPOLIS. 85 conquests upon terms he pleases, &c.' and desired to know their positive answer, whether they would join them in the dispatch of business, promising if they would, he would immediately issue writs to fill up the house with four delegates from each county. The low r er house resolved, that if his lordship caused writs to issue as promised, that they would 'proceed upon such matters as shall be recommended to them from his lordship.' But at the same time, they asserted 'their rights and privileges, rather from the rules of England than the imperfect proceedings of the nominated colo- nies, the first being our inherent right yea, and birth- right, though born in this province.' 'To liken us to a conquered people, we take very heavily, and wish we had not heard, and do wonder it should pass the upper house. But, if the word conquest intends that we are subjects to arbitrary laws and impo- sitions, then we humbly take leave to believe that they are not his lordship's words, but the result of strange, if not evill council.' 'That his majesty has reserved for us the rights and privileges of Englishmen, is that we insist upon.'* * At a later period, the house of delegates passed the following reso- lution. See Journal of the house, 1722, page 2. 'Resolved, That this province is not under the circumstances of a conquered country ; that, if it were, the present Christian inhabitants thereof would be in the circumstances, not of the conquered, but of the conquerors, it being a colony of the English nation, encouraged by the crown to transplant themselves hither for the sake of improving and enlarging its dominions, which, by the blessing of God upon their endeavours, at their own expense and labour, has been, in great mea- sure, obtained. And 'tis unanimously resolved, That whoever shall advance that his majestie's subjects, by their endeavors and success, have forfeited any part of their English liberties, are ill-wishers to the country, and mistake its happy constitution.' 8 86 ANNALS Of ANNAPOLIS. The Lord Proprietary, in reply to the last message from the lower house, disclaims any intention to liken the freemen of Maryland to a conquered people, or sub- ject to arbitrary laws or impositions, and hopes that they may no way deserve that severe reflection, and assures them that he had always 'been ready to oblige and shew his kindness to the good people of this province ;' and, as a further testimony of it, states his willingness to issue writs as desired, if the lower house will ask it of him 'as a thing that will oblige (at this time) the inha- bitants of this province, of whom they are the repre- sentatives,' &c. The lower house accordingly made the request, sta- ting their willingness 'to leave off all disputations about words,' saying, it 'will be matter of great content and rejoyceing to the good people of this province,' &c. Thus ended this controversy between his lordship and the freemen* of the province, who shewed them- selves the worthy ancestors of the Maryland patriots of 1776. Throughout the whole legislative proceedings of this province, the representatives of the people are found to be the firm and unyielding supporters of civil liberty, and no one instance is found upon their records, of their having ever been guilty of timidity or treachery in regard to their own rights and privileges, or the interests of their constituents. _ The following extracts are taken from the rules and regulations for the government of the lower house of assembly of this year. 'The freemen of Maryland, as they were called, were emphatically so from their origin. They never permitted the Proprietary to en- trench upon what they conceived to be their rights ; and the records of this period furnish many instances in which they opposed and defeated the designs of the Proprietaries.' McMahon's History of Maryland, vol. 1, page 222. ANNALS OF ANNAPOLIS. 87 'That noe one shall come into the house of assembly whilst the house is sitting, with a sword or other wea- pon, but shall put the same into the hands of the door- keeper or other person appoynted thereto, upon penalty of a fine,' &c. 'That noe deputy, burgess, delegate or clerk, during this session of assembly, will be suffered to smoke to- bacco in the house, whilst the house is sitting, upon penalty of being fined or censured,' &c. In 1683 Annapolis was erected into a town, port, and place of trade, under the name of the 'Town Land at Proctors.' _q . In 1694 it was constituted a town, port, and place of trade, under the name of 'Anne Arun- del Town,' and made the place of residence of the collector of the district, the naval-officer, and their deputies, delicate as they are, there is, in my opinion, more danger in conceal- ing than disclosing them. 'I have the honour to be, with perfect respect and esteem, gentlemen, your most obedient and humble ser'vt, 'Gfio. WASHINGTON. ' Committee of Congress for Co-operation.' APPENDIX. 269 Letter from General Washington to the Committee of Congress for Co-operation. HEAD-QUARTERS. SPRINGFIELD, June 12th, 1780. ' Gentlemen, I have received information, which though not official, I deem authentic, that some of the States have taken up the measure of augmenting their battalions by draft, on a less extensive footing than was urged in your circular letter of the 23d of May. Though I wish to pay in every instance, implicit deference to the determination of the respective States, I think it my duty, in the present crisis, once more to declare with freedom, that I conceive the measure of filling our battalions to their full comple- ment, fundamental to a co-operation on a large scale, that any thing short of this, will infallibly compel us to confine ourselves to a mere defensive plan, except as to some little partial indecisive enterprize against remote points, and will of course disappoint the expectations of our allies, and protract the war. 'The force which has been stated as necessary, is as small as can give us any prospect of a decisive effort. If it is not furnished, we must renounce every hope of this kind. 'It remains with the States to realize the consequences. 'I have the honour to be, with the greatest respect and esteem, gentlemen, your most obedient servant, 'Go. WASHINGTON. 'The Committee of Co-operation. 1 Letter from General Washington to the Committee of Congress. HEAD-QUARTERS, ROCKAWAY, 23d June, 1780. 'Gentlemen, The enemy are now in full force, bending their march towards Morristown, and by my last advices had advanced beyond Springfield. They were vigorously opposed by our advanced corps. But what could the 23* 270 APPENDIX. valour of a handful do against so infinite a superiority of numbers ? 'The enemy can effect any particular object they may attempt. Besides the army, they can have no other in this State, than our stores, as we cannot defend them, we must endeavour to remove them. 'I am so entirely engaged in attention to our military operations, that I must entreat you to write to the execu- tives of Pennsylvania and Jersey, pressing them to bring put all the wagons they can to our relief. An application has been already made to Pennsylvania for two hundred and fifty wagons, they ought to be instantly furnished. 'But we do not know what may be the ultimate designs of the enemy, all we know is, that they are very strong, and that we are very weak. 'I beg leave to recommend that the States may be again called upon to redouble their exertions, to comply with the demands that have been already made upon them. 'It is essential to our immediate safety, to say nothing of the expected co-operation. If she means to be free, this is the moment for America to exert herself. 'With every sentiment of esteem, I have the honour to be, gentlemen, your most obedient, humble servant, 'Go. WASHINGTON. 'Hon'ble Committee of Co-operation.' Letter from General Washington to the Committee of Congress. 'HEAD-QUARTERS, July IStfl, 1780. 'Gentlemen, We have received intelligence through different channels, from New York, that the Gaudeloupe had arrived there on Sunday morning, and brought an account that she had fallen in with a large French fleet, consisting of several sail of the line, and a number of transports, between the capes of Virginia and Delaware. This intelligence has every appearance of authenticity, APPENDIX. 271 and if true, the arrival of the fleet on the coast may be instantly looked for. This indeed must be the case, at any rate, from the time they are said to have sailed. 'It cannot be too much lamented, that our preparations are still so greatly behind hand. Not a thousand men, that I have heard of, have yet joined the army ; and in all probability, the period for commencing our operations is at hand. 'I am happy to learn that a spirit of animation has diffused itself throughout the States, from which we may expect the happiest consequences. But the exigency is so pressing, that we ought to multiply our efforts to give new activity and despatch to our measures ; levying and forwarding the men, providing the supplies of every sort required : forage and transportation demand particular attention. 'After vrhat has been preconcerted with the honoura- ble, the congress, after two months previous notice of the intended succour, if our allies find us unprepared, and are obliged to wait several weeks in a state of inaction, it is easy to conceive how unfavourable the impressions it will make of our conduct. Besides this, the season is exceed- ingly advanced. A decisive enterprize, if our means are equal to it, will not permit us to lose a moment of the time left for military operations, which if improved with all the vigour in our power, is less than were to be wished for an undertaking of so arduous and important a nature ; so much is at stake ; so much to be hoped ; so much to be lost ; that we shall be inexcusable if we do not employ all our zeal and all our exertion. 'With the highest respect and esteem, I have the honour to be, gentlemen, your most obedient and humble servant, 'Go. WASHINGTON. 'The Committee of Co-operation.' 272 APPENDIX. Letter from General Washington to Governor Lee, of Maryland, dated 'July 26, 1780. 'Sir, I have been honoured with your excellency's favour of the 10th, enclosing copies of the several laws passed by the legislature of your State, for procuring the supplies of men, provisions and carriages, required by the Honourable Committee of Co-operation in conjunction with me. 'The readiness with which these laws were passed, and the pointed attention which your excellency seems deter- mined to pay to the due execution of them, are happy pre- sages that they will be speedily and fully carried into effect. 'I have the honour to be, &c. 'Go. WASHINGTON.' Letter from General Washington to the Committee of Congress. HEAD-QUARTERS, ORANGETOWN, nth. August, 1780. 'Gentlemen, We are now arrived at the middle of August, if we are able to undertake any thing in this quarter this campaign, our operations must commence in less than a month from this, or it will be absolutely too late. It will then be much later than were to be wished, and with all the exertions that can be made, we shall probably be straitened in time. 'But I think it my duty to inform you, that our pros- pects of operating diminish in proportion as the effects of our applications to the respective States unfold ; and I am sorry to add, that we have every reason to apprehend, we shall not be in a condition at all to undertake any thing decisive. 'The completion of our continental battalions to their full establishment of five hundred and four, rank and file, has been uniformly and justly held up as the basis of offensive operations. APPENDIX. 273 'How far we have fallen short of this, the following state of the levies received, and of the present deficiencies, will show. 'By a return of the 16th instant we had received from New Hampshire, 457 Massachusetts, 2,898 Rhode Island, . . . 502 Connecticut, . / 1,356 New York, 283* New Jersey, 165 Pennsylvania, 482 Rank and file, 6,143 'The deficiencies of the battalions from a return of the 12th, allowing for the levies since arrived, to the 16th, Of New Hampshire, three battalions, . . 248 Of Massachusetts, including Jackson's adopt- ed, 16 battalions, 3,514 Of Rhode Island, 2 battalions, .... 198 Of Connecticut, including Webbs' battalion adopted, 9 battalions, 1,866 Of New York, 5 battalions, .... 1,234 Of New Jersey, 11 battalions, .... 2,768 Rank and file, 10,397 'If the amount of these deficiencies and the detached corps, necessarily on the frontier, and at particular posts, be deducted, and a proper allowance made for the ordi- nary casualties, and for the extra calls upon the army for wagoners, artificers, &c. it will be easy to conceive how inadequate our operating force must be to any capital enterprize against the enemy. It is indeed barely 'suffi- cient for defence. 'Hitherto all the militia for three months, that have taken the field under my orders, have been about 700 from New Hampshire, 1,700 from Massachusetts, 800 from New York, 500 from New Jersey. 274 . APPENDIX. 'A part of the eastern militia has been detained to assist our allies at Rhode Island, and will shortly march to join the army. 'But from all the information I have, the number of militia will fall as far short of the demand as the continen- tal troops ; and from the slow manner in which the latter have for some time past come in, I fear we have had nearly the whole we are to expect. 'In the article of provisions, our prospects are equally unfavourable. We are now fed by a precarious supply from day to day. 'The commissary, from what has been done in the seve- ral States, so far from giving assurances of a continuance of this supply, speaks in the most discouraging terms, as you will perceive by the enclosed copy of a letter of the 15th instant, in which he proposes sending back the Penn- sylvania militia, who were to assemble at Trenton the 12th, on the principle of a failure of supplies. 'As to forage and transportation, our prospects are still worse. These have lately been principally procured by military impress, a mode too violent, unequal, oppressive, and consequently odious to the people, to be long prac- tised with success. 'In this state of things, gentlemen, I leave it to your own judgment to determine how little it will be in my power to answer the public expectations, unless more competent means can be, and are, without delay, put into my hands. 'From the communications of the general and admiral of our allies, the second division, without some very unfor- tunate contrariety, will in all probability arrive before the time mentioned as the ultimate period for commencing our operations. 'I submit it to you whether it will not be advisable im- mediately to lay before the several States, a view of our circumstances at this juncture, in consequence of which they may take their measures. APPENDIX. 276 'I have the honour to be, with the greatest respect arid esteem, gentlemen, your most obedient servant, 'Go. WASHINGTON. ' The Honourable the Committee of Congress for Co-operation. 'N. B. The returns of the Rhode-Island recruits, is to the last of July. More may have since joined. 'There is a body of Connecticut State troops and militia, stationed on the Sound, employed in preparing fascines.' Letter from General Washington to George Plater, Esq., President of the Senate, and William Bruff, Speaker of the House of Delegates of Maryland, dated 'February 9th, 1781. 'Gentlemen, I am honoured with your favour of the 27th ultimo. As the troops of Maryland compose part of the southern army now under the immediate command of major-general Green, I think there would be an impro- priety (as it may interfere with the arrangements of that army) to give general Smallwood directions to remain in Maryland for the purposes you mention ; but if his doing this is not incompatible with the orders or views of general Green, I have no objection to his remaining in that State till application can be made to general Green, who I make no doubt will acquiesce in a measure which seems calcu- lated for the public good, if general Smallwood's services from the army can be dispensed with. 'I have the honour to be, &c. 'Go. WASHINGTON.' Letter from General Washington to Governor Lee, dated Tune 7, 1781. 'Sir, By a resolve of congress of 31st May, two batta- lions of infantry and a corps of horse, consisting of sixty- 276 APPENDIX. four dragoons, are required of the State of Maryland, to serve for three months from the time of their respectively rendezvousing at the place or places directed by me. 'Your excellency has no doubt been made acquainted that the aforegoing requisition is founded upon the alarm- ing progress which the enemy are making in Virginia. 'You will be pleased, therefore, to give orders to the officers commanding the respective corps, to march by detachments as they are raised and equipped, to whatever place may be the head-quarters of the American army in Virginia or Maryland, (should the enemy have advanced into that State,) and take their further commands from the general or other commanding officer. 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