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466 HISTORY OF MARYLAND.
Illinois, Iowa, Kentucky, North Carolina, Tennessee, and a considerable portion of South Carolina. In 1624, by a judgment in the Court of King's Bench,
the corporation was dissolved, the charter vacated and declared null and void,
and ordered to be resumed by the crown. Virginia then became a royal government, and her boundaries, like all other royal provinces, were subject to
the pleasure of the crown.1
The charters of Maryland, Carolina and Pennsylvania were all granted out
of Virginia, without any rights of Virginia being infringed. Up to the period
of the Revolution, the Alleghanies were always deemed the western boundaries of Virginia; the territory beyond those mountains being described in
public documents as " lands lying in the back of Virginia." When, by the
peace of 1763, England had acquired an undisputed title to the territory west
and northwest of the Alleghanies, the king, under an order in council, issued
his proclamation, forbidding any grants of lands by the Governor of Virginia,
beyond the sources of the rivers which fall into the Atlantic, reserving to the
crown the sovereignty and dominion of all territory not included within such
limits of the colony. Thus the matter rested until the constitution of Virginia was formed, in June, 1776, when a claim was set up to the western
country. This constitution contained an Article declaring what should be the
boundaries of Virginia. And in this Article, Virginia " cedes " to Pennsylvania; Maryland and to North and South Carolina, all the territory within
their respective limits, and then declares her boundaries to be those described
in the charter of 1609—a charter which had been vacated for a hundred and
fifty years, during all which time not an act had been done, either by the
crown or Virginia, recognizing its existence.2
In the War of Independence, the colonies made common cause, and from
its very beginning were desirous of forming a confederated government. The
anxiety of the large States to have their claims recognized to all the western
domain, at once awakened the small States to the true state of the question
of right and justice in this enlarged pretension. The small States were all
willing to make common cause against the common enemy, and regarded it
but reasonable and just, and as politic as just, that what was rescued from
the common enemy should be the common property of all.
Maryland, ever alive to all subjects that affected her welfare, took a leading and active interest in the question. The experience of the past made
1 " There is the best evidence that the dissolu- ever disregarded and held for naught by the
tion of the charter was satisfactory to the crown." — Speech of Mr. Hall, of Vermont
colonists. In 1642, George Sandys, who was the House of Representatives, June 25,1842.
agent for the colonists in England, but who had 2 In the 21st Article of the Virginia Constitu-
been a member of the London Company, with- tion of 1776, after making certain reservations
out authority from his principals, petitioned as to the navigation and use of the Potomac and
parliament for a restoration of the charter. Pocomoke, etc., Virginia expressly cedes and
When the colonists were informed of his con- confirms to the State of Maryland "all the ter-
duct, the House of Burgesses remonstrated ritory contained within its charter, with all the
against it, disavowing his proceedings, and as- rights of property, jurisdiction and govern-
signed, at length, and in strong language, their ment, and all other rights whatsoever which
reasons for preferring the royal to the charter may, at any time heretofore, have been claimed
government. The old charter boundaries were by Virginia."
| Title | History of Maryland - 2 |
| Creator | Scharf, J. Thomas (John Thomas) |
| Publisher | J. B. Piet |
| Place of Publication | Baltimore |
| Date | 1879 |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000509 |
| Type | Books/Pamphlets |
| Transcript | 466 HISTORY OF MARYLAND. Illinois, Iowa, Kentucky, North Carolina, Tennessee, and a considerable portion of South Carolina. In 1624, by a judgment in the Court of King's Bench, the corporation was dissolved, the charter vacated and declared null and void, and ordered to be resumed by the crown. Virginia then became a royal government, and her boundaries, like all other royal provinces, were subject to the pleasure of the crown.1 The charters of Maryland, Carolina and Pennsylvania were all granted out of Virginia, without any rights of Virginia being infringed. Up to the period of the Revolution, the Alleghanies were always deemed the western boundaries of Virginia; the territory beyond those mountains being described in public documents as " lands lying in the back of Virginia." When, by the peace of 1763, England had acquired an undisputed title to the territory west and northwest of the Alleghanies, the king, under an order in council, issued his proclamation, forbidding any grants of lands by the Governor of Virginia, beyond the sources of the rivers which fall into the Atlantic, reserving to the crown the sovereignty and dominion of all territory not included within such limits of the colony. Thus the matter rested until the constitution of Virginia was formed, in June, 1776, when a claim was set up to the western country. This constitution contained an Article declaring what should be the boundaries of Virginia. And in this Article, Virginia " cedes " to Pennsylvania; Maryland and to North and South Carolina, all the territory within their respective limits, and then declares her boundaries to be those described in the charter of 1609—a charter which had been vacated for a hundred and fifty years, during all which time not an act had been done, either by the crown or Virginia, recognizing its existence.2 In the War of Independence, the colonies made common cause, and from its very beginning were desirous of forming a confederated government. The anxiety of the large States to have their claims recognized to all the western domain, at once awakened the small States to the true state of the question of right and justice in this enlarged pretension. The small States were all willing to make common cause against the common enemy, and regarded it but reasonable and just, and as politic as just, that what was rescued from the common enemy should be the common property of all. Maryland, ever alive to all subjects that affected her welfare, took a leading and active interest in the question. The experience of the past made 1 " There is the best evidence that the dissolu- ever disregarded and held for naught by the tion of the charter was satisfactory to the crown." — Speech of Mr. Hall, of Vermont colonists. In 1642, George Sandys, who was the House of Representatives, June 25,1842. agent for the colonists in England, but who had 2 In the 21st Article of the Virginia Constitu- been a member of the London Company, with- tion of 1776, after making certain reservations out authority from his principals, petitioned as to the navigation and use of the Potomac and parliament for a restoration of the charter. Pocomoke, etc., Virginia expressly cedes and When the colonists were informed of his con- confirms to the State of Maryland "all the ter- duct, the House of Burgesses remonstrated ritory contained within its charter, with all the against it, disavowing his proceedings, and as- rights of property, jurisdiction and govern- signed, at length, and in strong language, their ment, and all other rights whatsoever which reasons for preferring the royal to the charter may, at any time heretofore, have been claimed government. The old charter boundaries were by Virginia." |
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