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104 HISTORY OF MARYLAND.
" Whereas an humble petition of the planters of Virginia was presented to his
majesty, in which they remonstrate, that some grants have lately been obtained of a
great portion of lands and territories of the colony there, being the places of their traffic,
and so near to their habitations, as will give a general disheartening to the planters, if
they be divided into several governments, and a bar put to that trade which they have
long since exercised toward their supportation and relief, under the confidence of his
majesty's royal and gracious intentions towards them, as by the said petition more
largely appeareth: Forasmuch as his majesty was pleased, on the 12th of May last, to
refer to this board the consideration of this petition, that, upon the advice and report
of their lordships such orders might be taken as to his majesty might seem best; It was
thereupon ordered, on the 4th of June last, that the business should be heard on the
second Friday in this term, which was the 28th of the last month, and that all parties
interested should then attend; which was accordingly performed; and their lordships,
having heard the cause, did then order, that the lord Baltimore, being one of the parties,
and the adventurers and planters of Virginia, should meet together betwixt that time
and this day, and accommodate their controversy in a friendly manner, if it might be,
and likewise set down in writing the propositions made by either party, with their several
answers and reasons, to be presented to the board this day; which was likewise accordingly done. Now, their lordships, having heard and maturely considered the said
propositions, answers, and reasons, and whatever else was alledged on either side, did
think fit to leave lord Baltimore to his patent, and the other parties to the course of law,
according to their desire. But, for the preventing of farther questions and differences,
their lordships did also think fit and order, that, things standing as they do, the planters
on either side shall have free traffic and commerce each with the other, and that neither
party shall receive any fugitive persons belonging to the other, nor do any act which may
draw on a war from the natives upon either of them: And, lastly, that they shall
sincerely entertain all good correspondence, and assist each other on all occasions, in
such manner as becometh fellow subjects and members of the same state."
What part William Claiborne had acted in getting up the petition to the
king against Lord Baltimore's charter is not now known; but it is probable
that it had been an active one, for there was no other person to whom the
phrase " being the places of their traffic," could apply but to him, there being
at that time no places of traffic but his own. The right of traffic, as we have
stated, however, gave him no permanent right to the soil, or claim to jurisdiction over it. Nor could he rest his title on the ground of prior occupancy,
for we have shown that as his license from the king went no further than
a permission to trade, which might have been granted to a citizen of a
foreign State, the instant that the territory, now Maryland, was granted by
King Charles to Lord Baltimore, Kent Island and Claiborne (if he was a
resident there, as is asserted, although he was at this time secretary of the
colony of Virginia, and therefore more likely to be a resident of that colony),
became subject to his jurisdiction and authority. The resistance, therefore,
of Claiborne to the authority of Lord Baltimore " was unjustifiable, seditious,
and subversive of all just government."1
A proceeding of the governor and council of Virginia very recently afterwards, is quite irreconcilable with the injunctions of the Privy Council, and
forces upon us the conclusion either that they were not then apprised of
1 Burnap's Calvert, p. 105.
| Title | History of Maryland - 1 |
| Creator | Scharf, J. Thomas (John Thomas) |
| Publisher | J. B. Piet |
| Place of Publication | Baltimore |
| Date | 1879 |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000129 |
| Type | Books/Pamphlets |
| Transcript | 104 HISTORY OF MARYLAND. " Whereas an humble petition of the planters of Virginia was presented to his majesty, in which they remonstrate, that some grants have lately been obtained of a great portion of lands and territories of the colony there, being the places of their traffic, and so near to their habitations, as will give a general disheartening to the planters, if they be divided into several governments, and a bar put to that trade which they have long since exercised toward their supportation and relief, under the confidence of his majesty's royal and gracious intentions towards them, as by the said petition more largely appeareth: Forasmuch as his majesty was pleased, on the 12th of May last, to refer to this board the consideration of this petition, that, upon the advice and report of their lordships such orders might be taken as to his majesty might seem best; It was thereupon ordered, on the 4th of June last, that the business should be heard on the second Friday in this term, which was the 28th of the last month, and that all parties interested should then attend; which was accordingly performed; and their lordships, having heard the cause, did then order, that the lord Baltimore, being one of the parties, and the adventurers and planters of Virginia, should meet together betwixt that time and this day, and accommodate their controversy in a friendly manner, if it might be, and likewise set down in writing the propositions made by either party, with their several answers and reasons, to be presented to the board this day; which was likewise accordingly done. Now, their lordships, having heard and maturely considered the said propositions, answers, and reasons, and whatever else was alledged on either side, did think fit to leave lord Baltimore to his patent, and the other parties to the course of law, according to their desire. But, for the preventing of farther questions and differences, their lordships did also think fit and order, that, things standing as they do, the planters on either side shall have free traffic and commerce each with the other, and that neither party shall receive any fugitive persons belonging to the other, nor do any act which may draw on a war from the natives upon either of them: And, lastly, that they shall sincerely entertain all good correspondence, and assist each other on all occasions, in such manner as becometh fellow subjects and members of the same state." What part William Claiborne had acted in getting up the petition to the king against Lord Baltimore's charter is not now known; but it is probable that it had been an active one, for there was no other person to whom the phrase " being the places of their traffic," could apply but to him, there being at that time no places of traffic but his own. The right of traffic, as we have stated, however, gave him no permanent right to the soil, or claim to jurisdiction over it. Nor could he rest his title on the ground of prior occupancy, for we have shown that as his license from the king went no further than a permission to trade, which might have been granted to a citizen of a foreign State, the instant that the territory, now Maryland, was granted by King Charles to Lord Baltimore, Kent Island and Claiborne (if he was a resident there, as is asserted, although he was at this time secretary of the colony of Virginia, and therefore more likely to be a resident of that colony), became subject to his jurisdiction and authority. The resistance, therefore, of Claiborne to the authority of Lord Baltimore " was unjustifiable, seditious, and subversive of all just government."1 A proceeding of the governor and council of Virginia very recently afterwards, is quite irreconcilable with the injunctions of the Privy Council, and forces upon us the conclusion either that they were not then apprised of 1 Burnap's Calvert, p. 105. |
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