Chapter 12

"A city situate on a plain,Where scarce a house will keep out rain;The buildings, fram'd with cypress rare,Resemble much our Southwark Fair;—And if the truth I may report,It's not so large as Tottenham-court."

This tobacco merchant, as we translate his title, a gentleman apparently of a caustic vein, the prototype of English travellers in America, reflects also on the hospitality of the new capital; an allegation doubtful, considering its source, but at any rate amply refuted at a subsequent day, as this little city, though it never acquired a large population or commerce, was, long before the American revolution, proverbial for the profuse hospitality of its inhabitants, their elegant luxury, and liberal accomplishments. A French writer thus describes it during the revolution, when it may be presumed to have shared the distresses and gloom of the period: "In that very inconsiderable town, of thefew buildings it contains, at least three-fourths may be styled elegant and grand. Female luxury here exceeds what is known in the provinces of France. A French hair-dresser is a man of importance among them; and it is said a certain dame here hires one of that craft at one thousand crowns a year. The state-house is a very beautiful building; I think the most so of any I have seen in America."[10]To these habits of profusion, our author is inclined to add others less excusable, and hints at "dangerous allurements," administering neither to happiness nor purity. This early seat of colonial elegance and luxury is still the political metropolis of Maryland. From the lofty dome of its state-house the visiter may still look down on mansions that betoken ancient opulence, and on a landscape of quiet beauty, varied with gardens and ancient trees, and picturesquely watered by winding estuaries of the Chesapeake, whose breeze attempers a climate rich in early flowers and fruits. It was at this time the residence, of course, of the royal governors, of whose administration we find little to record in this hasty narrative. One of them, indeed, Francis Nicholson, though a pliant minister of the crown, seems to have acquired some popularity in the province, his versatility of temper combined with some energy and talent, and a courteous demeanour, enabling him to fall easily into the prevailing humour. Having arrived when the enthusiasm of the Protestant revolution was yet fresh, he became a great patron of the clergy, and promoter of orthodoxy, and in that capacity we find him engaged in proceedings against Coode, though the latter had figured in the events by which the Protestant ascendency had been established, when his services were deemed of such merit as to entitle him to the reward of one hundred thousand pounds of tobacco, and an office. Coode seems not to have elevated his private virtues to the level of his public. He subsequently appears exercising the incompatible functions of a clergyman, a collector of customs, and a lieutenant-colonel of militia, at the same time alleging that religion was a trick, and that all the morals worth having were contained in Cicero's offices. If the orthodoxy of Governor Nicholson was offended by these opinions, his vanity was not less so by intimations from Coode, that as he had pulled down one government, he might assist in overthrowing another. The agitator, on the ground of his being in holy orders, was prevented by the governor from serving as a delegate in the assembly, and was then dismissed from his employments, and indicted for atheism and blasphemy. He fled to Virginia, but afterwards, on the removal of Nicholson from the government, came in and surrendered himself. Inconsideration of former services, his sentence was suspended; age and adversity probably tamed his unquietness, as thenceforward we hear no more of him in the colonial history. Nicholson's next proceedings were against some persons whose principal offence seems to have been the ascription to him of certain acts of early licentiousness not very consistent with his orthodox zeal, and which, as they have come down to posterity, might, the author says, be entitled theMemorabiliaof Governor Nicholson. Whatever theseMemorabiliawere, they seem not to have impaired the popularity of his administration, which was also remarkable for the establishment, in 1695, of a publicpost, before unknown in the colonies. The route of this post extended from some point on the Potomac through Annapolis to Philadelphia. The postman was bound to travel the routeeight times a year, for which he received a salary of 50l.The scheme dropped on the death of the first postman in 1698, and appears not to have been revived afterwards. A general post-office for the colonies was established by the English government in 1710.

Though our author pronounces the administration of the royal governors to have been favourable in general to the liberties and prosperity of the colony, its population and resources appear to have increased extremely little during that era. In 1689 it contained about twenty-five thousand inhabitants, and in 1710 only thirty thousand. Immigration had in a great measure ceased; a circumstance imputable to nothing so probably as the change in its religious policy. Complaints are made of the distressed condition of its husbandry, and the years 1694 and 1695 were years of unusual scarcity, and of surprising mortality among the cattle and swine. The artisans, including the carpenters and coopers, constituted, according to a statement in 1697, only one-sixtieth of the whole population. The colonists depended entirely on England for the most necessary articles; in a few families, coarse clothing was manufactured out of the wool of the province; and some attempts were made in the counties of Somerset, and Dorchester, to manufacture linen and woollen cloths on a more extensive scale. Even these imperfect attempts seem to have offended the commercial jealousy of the mother country; for the difficulty of getting English goods at the time, is mentioned by way of excuse for them. There was an inconsiderable export to the West Indies, and a small trade with New-England for rum, molasses, fish, and wooden wares, for their traffic in which latter article the New-Englanders were already conspicuous. The shipping of the colony was very trifling, the trade with England being carried on entirely in English, and that with the West Indies, chiefly in New-England vessels.

The proprietary government had now been suspended twenty-five years. It had fallen through jealousy of the Catholics, andCharles Calvert, who submitted in his own person to the loss of power for the sake of the religion in which he had grown up, had yielded to the anxieties of a parent, and induced his son and heir, Benedict Leonard Calvert, to embrace the doctrines of the established church. By his own death, in February, 1714, and that of his heir in April, 1715, the title to the province devolved to Charles Calvert, the infant son of the latter, who was also educated in the Protestant faith. The reason for excluding the proprietary family then subsisted no longer; their claims were in fact soon after acknowledged by George I. and their government restored in the person of the infant proprietary, in May, 1715. The only consequence of this event meriting notice, was the imposition of a test-oath, requiring of Catholics the abjuration of the Pretender, and the renunciation of some of the essential points of their faith. Private animosity gave edge to these civil persecutions; Catholics were excluded from social intercourse,nor permitted to walk in front of the State-House; swords were worn by them for personal defence. Charles Calvert died in 1751, leaving the province to his infant son Frederic, after acquiring for his administration the praise of moderation and integrity. Yet it was fruitful in internal dissensions, which no policy could have averted. The controversy respecting the extension of the English statutes to the colony, originated in 1722, and was succeeded in 1739 by the disputes relating to the proprietary revenue; controversies full of heat at the time, but which will be more conveniently considered in connexion with some subsequent transactions of the same sort. One dispute may be mentioned here, as indicating the spirit of all the rest. The "Six Nations," a tribe of Indians, occupying a border position between the French and English colonies, had claims to a considerable portion of the territory of Maryland lying along the Susquehanna and the Potomac, and in 1742 it was resolved to depute commissioners to Albany for the purpose of extinguishing them by treaty. The lower house of assembly claiming, however, to participate in the appointment of the commissioners, and also to restrict the amount of expenditure, a dispute arose on this point of prerogative, which was only adjusted, two years after, by the governor's appointing the commission on his ownresponsibility, and defraying its charges from the ordinary revenue. The claims in question were extinguished by the Indian treaty of Lancaster, in June, 1744.

Questions of this sort now became frequent between the lower house of the colonial legislature and the proprietary governors. At this period the French settlements in Canada had begun to be formidable, and their fortifications had been extended along the northern lakes, with a view of connecting them by a chain of posts on the Mississippi, with their possessions in Louisiana.They had encountered much resistance in this quarter from the Six Nations, just mentioned, whose hostility to France made them usually the allies of the English, but whose consistent aid was only to be bought. As early as 1692, New-York had asked pecuniary succors of the other colonies, of Maryland among them, for securing the faith of these savage allies, and repelling the common enemy. A general injunction to the like effect was issued by the crown, and this was followed by more particular instructions, defining the respective quotas of the colonies. Thus began the system of "crown requisitions," which, always received with an ill grace, were often entirely disregarded. In the "French war," which began in 1754, a few years after the death of the last mentioned proprietary, Maryland scarcely co-operated, and the want of her aid was seriously felt in several of its campaigns; a course construed by the mother country into a pertinacious and unreasonable opposition to its wishes, and by the sister colonies into a selfish disregard of the obligations of mutual defence. Mr. Pitt himself, the subsequent champion of American liberties, was so highly incensed at the conduct of Maryland, as to avow his resolution to bring the colonies to a more submissive temper. Dr. Franklin appreciated more correctly, and explained, the course of the Maryland assembly. We have his authority, that it voted considerable aids, only rendered abortive by unhappy disputes between the two houses as to the mode of raising the requisite revenue. The popular branch claimed also the privilege of exercising its judgment as to the details of defence, and of directing its efforts with a view to the more immediate interests of Maryland, and to the dangers which seemed most instant. In 1754, it voted £6000, however, for the defence of Virginia; and on the disastrous defeat of Braddock, by which the frontiers of Maryland herself were left defenceless, and the terror of her borderers borne to the very heart of her settlements, her legislature waived the pending disputes, and entered into the extensive plan of operations concerted by a council of the colonial governors at New-York. A supply was voted of £40,000, of which £11,000 were to be applied to the erection of a fort and block-house on her own western frontier.

At this period, the westernmost settlements of the province scarcely extended beyond the mouth of the Conococheague, a tributary of the Potomac, though a few of the more adventurous of the borderers had plunged perhaps a little deeper into the wilderness. The settlement at Fort Cumberland, was not then a settlement of Maryland; and, being separated from the inhabited limits of the latter, by a deep and almost trackless forest of eighty miles, the fort at that place could afford no protection to the frontiers of the colony. Its very situation was, at that not remote day, a subject of conjecture to the good people of Maryland. Therewere many passes of approach for the Indian foe, beyond its range; and a few stockade forts erected by the settlers were the only retreats for their families in case of these sudden and frightful inroads. A more eligible defensive position was sought, therefore, on the Potomac, a few hundred yards from its bank, and ten or eleven miles above the mouth of the Conococheague. On this spot was erected Fort Frederick, the only monument of ante-revolutionary times remaining in Western Maryland, every vestige of the fortification at Cumberland having disappeared. It was constructed of durable materials, in the most approved manner, and was seen by our author in the summer of 1828, the greater part still standing, in good preservation, in the midst of cultivated fields.

At the peace of Paris, which ended the French war, the population of the province had rapidly increased to about 165,000. The number of convicts alone, imported since the proprietary restoration, was estimated at fifteen or twenty thousand. The annual shipment of tobacco to England, according to the best information obtainable, amounted to 28,000 hogsheads, valued at £140,000, and the other exports, in 1761, to £80,000 currency; the imports, in the same year, to £160,000. Iron was the only manufacture that had made any progress. As early as 1749, there were eight furnaces and nine forges, manufacturing, by an estimate in 1761, 2,500 tons of pig, and 600 of bar iron. Such were the resources of Maryland, at the commencement of the civic struggle for her liberties, beginning with the Stamp Act.

For the honour of originating and sustaining the resistance to this, and the like measures of the British government at this time, our author justly remarks, that there is little room for rivalry among the colonies. They had all brought with them, as a familiar principle of English liberty, their right of exemption from taxes, unsanctioned by their assent, for mere purposes of revenue. There was nothing in the political establishments of Maryland to efface this original impression. Its charter exhibits the most favourable form of proprietary government; and its benignant provisions for the security of rights, were the cause that it retained, till the revolution, the anxious attachment of the colonists. It designed entirely to exclude the taxation of the province by the mother country; and, though the proprietary rights were leniently exercised by a family which seems to have been especially characterized by mildness and moderation, they also were limited and modified by the spirit of the colonists, to a consistency with public welfare, and their broad notions of the privileges of freemen. Several branches of the proprietary revenue proving burdensome, or vexatious in the mode of their collection, were commuted, or partially divertedto the public defence and uses; and, even when the provincial assemblies failed of effecting these objects, their pretensions served to familiarize the people with the principle, that all impositions were illegal, not sanctioned by their consent. Our limits do not permit us to go into the history of these questions, which forms an interesting portion of the present work.

The resistance of the colony to external aggressions was not less resolute. We have noticed her neglect of the royal rescripts in the case of thequotas; she opposed with like firmness, the plan originated in 1701, and revived in 1715, for destroying the charters, converting the colonies into royal governments, and forming a confederacy of them, at whose head was to be a royal commissioner, residing at New York. She was as adverse to the plan of colonial union, aiming at much the same object, proposed in 1753. We have already alluded to the controversy respecting the extension of the English statutes to the province, which began in 1722, and lasted ten years. In their session of that, year, the lower House of Assembly adopted a series of resolves assertory of their liberties, and declaring the grounds on which they claimed the benefit of the statutes. These resolves, which became the Magna Charta of the province, and were afterwards substantially re-adopted on every occasion, involving its rights and liberties, declared that the province was not to be regarded as a conquered country, but as a colony planted by English subjects, who had not forfeited by their removal any part of their English liberties; that, as such, they had always enjoyed the common law, and those general statutes of England, which were not restrained by words of local limitation, and such acts of the colonial legislature, as were made to suit the particular constitution of the province; and that this was declared, not from apprehension of the infringement of their liberties by the proprietary, but as an assertion of them, and to transmit their sense thereof, and the nature of their constitution, to posterity. These resolves divided the whole province into two parties, "the court party," consisting of the immediate retainers and adherents of the proprietary, and "the country party," which embraced the lower house, and the great body of the people. On the latter side, were enlisted all the talents of the province; and the papers on this subject proceeding from the lower house, were marked by great ability and research. Some of them are from the pen of the elder Daniel Dulany, the father of another distinguished person of that name, and who transmitted to his son the talents, which, our author remarks, seem to have been the patrimony of the family in every generation. The controversy resulted in the recognition of the pretensions of the assembly, and thenceforth the courts of judicature continued to adoptsuch statutes as were accommodated to the condition of the province.

The spirit which begat and established these claims, appeared equally in the dissensions which succeeded them, respecting the proprietary revenues. A series of resolves was adopted by the lower house in 1739, denouncing, as arbitrary and illegal, the levying of certain duties, the settling of officers' fees by proclamation or ordinance, and the creation of new offices with new fees, without the assent of the assembly. The act proposing the appointment of an agent to present these grievances to the king was vindicated by a message from the lower house, "worthy to be preserved for its laconic boldness." "The people of Maryland," say they, "think the proprietary takes money from them unlawfully. The proprietary says he has a right to take that money. This matter must be determined by his majesty, who is indifferent to both. The proprietary is at home, and has this very money to enable him to negotiate this affair on his part. The people have no way of negotiating it on theirs, but by employing fit persons in London to act for them. These persons must be paid for their trouble, and this bill proposes to raise a fund for that purpose." Though the measures then adopted did not lead to a definitive suppression of the grievances complained of, some of them were removed in another mode. Thus, fines on alienation were relinquished by the proprietary in 1742; officers' fees were established by law in 1747; but the tobacco and tonnage duties formed a standing subject of complaint till the revolution, and a justification of the refusal of supplies, and of other opposition to the government. In voting supplies during the French war, the lower house had imposed an increased tax on "ordinary licenses," and a duty on convicts transported into the colony. The former was resisted as an invasion of proprietary prerogative; the latter, as in conflict with the acts of Parliament authorizing their importation, according to an opinion obtained from Mr. Murray, afterwards Lord Mansfield. The assembly was not daunted by authoritative names. "Precarious," said they, "and contemptible indeed would the state of our laws be, if the bare opinion of any man, however distinguished in his dignity and office, yet acting in the capacity of private counsel, should be sufficient to shake their authority." "I remember," says Daniel Dulany, in his Considerations on the Stamp-Act, "many opinions of crown lawyers on American affairs. They have generally been very sententious;—they have all declared that to be legal, which the minister, for the time being, has deemed to be expedient." The opinion of Attorney-General Pratt, afterwards Lord Camden, prevailed as little on a subsequent occasion. In it he denied the legality of certain extensions of the taxing power, in a supplybill voted by the lower house. It is chiefly remarkable, however, for the distinction set up by one who was afterwards an advocate of American liberties, between the rights of the House of Commons and of the Colonial Assemblies. The Assembly entertained a very different judgment. "Being desirous," they said, "to pay the opinion all due deference, we cannot but wish it had been accompanied with the state of the facts on which it was founded." In nine successive sessions, the supply bill was passed in nearly its original form. With such exhibitions of the tempers of the colonies, it is a just subject of wonder that the Stamp-Act should ever have been ventured on.

The peace of Paris had now, however, not only secured the safety, and with it the gratitude of the colonies, but also confirmed over them, it was supposed, the authority of the mother country. But if the termination of the French war, says the author, seemed to the government a fair occasion for resuming designs never lost sight of, its progress, however calamitous, had nurtured the free and adventurous spirit of the colonists by privations and dangers, until their minds, as well as their resources, were matured for effectual resistance. Their trade, indeed, was burdened with duties imposed for its regulation and restriction; but no tax had yet been laid for the mere purpose of revenue. Sir Robert Walpole "had sagaciously remarked, that, contenting himself with the benefits of their trade, he would leave the taxation of the Americans to some of his successors, who had more courage, and less regard for commerce." The Stamp-Act, by which the experiment was now to be tried, being stripped of the odious machinery of collection, and operating indirectly, was a well contrived initiatory measure. Coupled with it, however, were certain harsh enforcements of the trade-laws at this time, which had the effect of raising higher the indignation of the colonists, and of confounding the distinction hitherto, though reluctantly admitted, between the right to regulate their commerce, and that of direct taxation.

Circumstances prevented Maryland from expressing her opposition to the measure through her legislature, before, and for some period after its adoption. The act was passed on the 22d of March, 1765, and that body was repeatedly prorogued, from November, 1763, to September, 1765. This delay, at such a juncture, did not escape strong remonstrance. There existed, however, at that time, another mirror of the public feeling, whose respectable antiquity deserves mention. This was a journal at Annapolis, conducted by Jonas Green, under the name of "The Maryland Gazette." It was established in 1745, and has ever since been conducted by his descendants, under the same title. Its pithy appeals to the popular sentiment are amusing at this day; and, though the government paper, its temperate supportof colonial rights made it the vehicle of communications on that side, not only from the province, but from other colonies. In one from Virginia, the writer says, "it being well known that the only press we have here is totally engrossed for the vile purposes of ministerial craft, I must therefore apply to you, who have always appeared to be a bold and honest assertor of the cause of liberty." The person selected for the distribution of the stamps in Maryland, was Zachariah Hood, a native of the province, and at one time a merchant residing at Annapolis. His appointment was announced with due mock ceremony in the Gazette, and himself to be a gentleman whose conduct was highly approved by all "court-cringing politicians, since he was supposed to have wisely considered, that, if his country must bestamped, the blow would be easier borne from a native than a foreigner." His arrival also was greeted with customary honours; his effigy, according to a circumstantial narrative in the Gazette, being hung to the toll of bells, by the "assertors of British American privileges" at Annapolis, and afterwards at Baltimore, Elk-Ridge, Fredericktown, and other places, in emulation. These significant tokens of the popular temper seem to have been promoted, as acts of deliberate defiance, by men of authority and character; as among the "assertors" at Annapolis was the celebrated Samuel Chase, who, at twenty-four, was already the champion of colonial liberties, and gave promise of that combination of abilities, which afterward elevated him beyond rivalry in the province, as a lawyer and advocate, and a leader both of popular and deliberative assemblies. Talents thus employed would naturally provoke the calumny of opponents. A publication of the municipality of Annapolis, describes him as "a busy, restless incendiary, a ringleader of mobs, and a promoter of their excesses; a foul-mouthed and inflaming son of discord and faction." His reply, "abounding in personal reflections, and savouring too much of coarse invective," shows something of the spirit of a tribune of the people, who, thrown into a tumultuous scene, and into contests with the courtly adherents of power, might deem himself excused for some disdain of reserve, and some bluntness of phrase. I admit, he says, that I was one of those who committed to the flames the effigy of the Stamp-Distributor, and who openly disputed the parliamentary right to tax the colonies; while some of you skulked in your houses, and grumbled in corners, asserting the Stamp-Act to be a beneficial law, or not daring to speak out your sentiments. The reader may be curious to know Hood's subsequent adventures. Not daring to distribute the stamps, and finding the indignation which had been lavished on his effigy, taking a more dangerous direction towards his person, he absconded secretly, and never paused in his flighttill he reached New-York, and had taken refuge under the cannon of Fort George. Having gone afterwards to reside on Long Island, a party surrounded the house where he was concealed, requiring the abjuration of his office, on pain of being delivered to the exasperated multitude, and carried back to Maryland, with labels upon him signifying his office and designs. Unwilling to run this gantlet through a country up in arms, he yielded, and was accompanied by upwards of a hundred gentlemen from Flushing to Jamaica, where he swore to his abjuration, and was discharged.

The first measure of the assembly, when at length convened, was to appoint commissioners to a general congress that was to be held in New-York; its next, to make an expression of its sentiments on the existing question. The tone and unanimity of the resolves adopted, sufficiently show, in the author's opinion, that the temper and course of Maryland at this juncture, have been too lightly considered, and may advantageously be compared with those of any other colony. Another of her contributions, and not the least effective, to the common cause, was an essay published at Annapolis, in October, 1765. "A style easy but energetic, perspicuous thoughts, illustrations simple, and arguments addressed to every understanding," betrayed it to be the production of Daniel Dulany, the younger, whom it placed at once in the first rank of political writers. Long signal for talents and professional learning, his "Considerations" earned him the more grateful distinction of the great champion of colonial liberties; and in the joyous celebrations of the repeal of the stamp-act, placed him in remembrance with Camden, and with Chatham, his admirer and eulogist. It is known, that in this essay Mr. Dulany, though bold and decided as to the question of right, urged the disuse of British commodities as the most advisable weapon of resistance. This appeal to the commercial cupidity of England would, also, he thought, be the most effectual. The course, even could it have been perseveringly adopted, was too pacific for the temper of the times.

Political integrity and abilities associated the name of Dulany with the history of Maryland, during the better part of a century. The father of the distinguished person just mentioned, was admitted to the bar of the provincial court in 1710, and for forty years held the first place in the confidence of the proprietary and in the popular affection, being a functionary in the highest post of trusts, and long a leader also of the country party in the assembly. He was a kinsman of the celebrated Delany, the intimate of Swift, some of whose letters to him breathe the tone both of friendship and reverend regard. His son, Daniel Dulany,the Greater, (as our author styles him,) came to the bar in 1747, and was named one of the council in 1757; in 1761,he was appointed secretary of the province, and thenceforward held these posts in conjunction, till the Revolution. His legal arguments and opinions, the praise of contemporaries, and the deference of courts, attest him to have been anoracleof law; as a scholar and an orator, he was not only highly celebrated at home, but in the judgment of Mr. Pinkney, who saw him but in his "evening declination," unexcelled by the master minds abroad. Suavity of manners, and the graces of the person, combine to complete a most agreeable picture.

The stamp-paper had now arrived. The governor, to whom the lower house had refused all advice as to the disposal of that paper, found it expedient to pursue the suggestion of the upper, to retain it on board of the vessel. By a general consent, the ordinary transactions of business and of the courts proceeded without it, and on the 24th of February, 1766, an association, bearing the name of the "Sons of Liberty," was formed at Baltimore, with the object of compelling the government offices at Annapolis to dispense with it likewise. They assembled at that place on a day assigned, the 31st of March; and the provincial court and other offices, after first a peremptory refusal, and some delay, conceded the point. Thus was the stamp-act virtually annulled in Maryland; it had been repealed in England a few days before, on the 18th of March; so that, in the author's words, "Maryland was never polluted even by an attempt to execute it."

Of the subsequent revival of the scheme of taxing the colonies, the manner and the event are so well known, that we have only to notice the contemporary transactions in Maryland, which fanning the resentment of her people, kept her at an even pace with the other provinces in the march of resistance. The "Proclamation and Vestry Act questions," have lost indeed their momentary interest, but serve to show in how many schools of exercise the champions were trained, who afterward displayed their collected prowess in a more conspicuous arena.

The colonial legislature had always controlled the provincial officers by exercising the right to determine their fees, which, by way of further precaution, they had been in the habit of regulating by temporary acts. An act of this nature, passed in 1763, coming up for renewal in 1770, objections were made to the exorbitance of the fees themselves, abuses in the mode of charging, and the want of a proper system of commutation. Angry discussions were followed by a prorogation of the assembly, and subsequently by a proclamation of Governor Eden, ostensibly to prevent extortion in the officers, but with the real purpose of regulating the fees by the prerogative of his office; accordingly, he re-established the fee-act of 1763. The proclamation begat the usual array of parties for and against prerogative,in which our author includes the established clergy on the government side, and on the popular, the lawyers. In this conflict of influence and abilities, by a turn which is to be lamented, as it threw them into collision with the Revolutionary leaders, and exciting high resentments on both sides, kept him aloof from their measures, Daniel Dulany was, in this question, the prominent partisan of the governor and upper house. The grounds somewhat technical on which he defended their procedure as both legal and expedient, and the more large and comprehensive ones on which it was impugned, were set forth in a series of essays in the Maryland Gazette, in which Mr. Dulany's antagonist was Charles Carroll of Carrollton. The angry excitement of the day gave these essays one feature in common,—strong invective, and personalities,—"of which, some are now unintelligible, and all deserve to be forgotten." Their distinctive characteristics are,—in Mr. Dulany's, "the traces everywhere of a powerful mind, confident in its own resources, indignant at opposition, contemptuous, as if from conscious superiority, yet sometimes affecting contempt to escape from principles not to be resisted;" in his opponent's, the language of a man "confident in his cause, conscious that he is sustained by public sentiment, and exulting in the advantage of this position." When the discussion was dropped by these combatants, it was taken up by others, as vigorous and adroit. In this new controversy, John Hammond, no contemptible reasoner in behalf of the proclamation, found antagonists in Thomas Johnson, the first governor of thestateof Maryland, Samuel Chase, and his more conciliatory friend and coadjutor, William Paca. In the proceedings of the lower house relative to this subject, we find a sententious description of political liberty, which might serve as the motto of allConstitutionalists. "Who," says their address, "who are a free people? Notthose over whom government is reasonably and equitably exercised, but those who live under a government so constitutionally checked and controlled, that proper provision is made against its being otherwise exercised."

The "Vestry Act" related toclergy dues, and the controversy on it arose out of the technical objection, that the law imposing them, which was enacted in 1701-2, was passed by an assembly, which, being dissolved by the demise of the king, had nevertheless been convened with fresh writs of election. The law thus regarded as intrinsically defective, had the farther demerit of being revived, (as in the case of the officer's fees,) in default of an existing enactment, by proclamation of the governor. In this discussion the clergy naturally took a part, and "found in their own body an advocate of extraordinary powers, in the person of Jonathan Boucher." These questions filled the province with contention. An act regulating clergy dues, some timeafter, put that question to sleep; the other remained in angry suspense, till swallowed up, with all less disputes, in the vortex of the Revolution.

That event was now nearly impending. It may be remembered, that the duty act of 1767, in which the ministerial scheme of taxing the colonies had been revived, had been subsequently repealed, except as to the article of tea, on which the duty had been retained, "by way, it has been remarked, of pepper-corn rent, to denote the tenure of colonial rights." A new stratagem of the ministry in this matter was followed, it is also known, by "the burning of the tea in Boston," and by the retaliatory measure of the Boston-Port Bill; acts, respectively, which may be said to have made up the issue between the conflicting parties. The convention in 1774, assembled at Annapolis, in June of that year. In the October following, thetea-burningat Boston was re-enacted in Maryland, with circumstances of deliberation and defiance that show what a flame was abroad. On the 14th of that month, the brig Peggy Stewart arrived at Annapolis, having, as a part of her cargo, seventeen packages of tea. The non-importation agreement, to which the act of 1767 had given rise, was understood to be retained as to this article, which still bore the badge of usurpation in the obnoxious duty. The consignees did not venture to incur the public indignation by landing the teas, without at least consulting the Non-Importation Committee; but in the meantime, the vessel was entered, and the duties paid by Anthony Stewart, a part owner of the vessel. The people, highly incensed, determined,in a public meeting, at Annapolis, that the tea should not be landed. It was proposed, in a subsequent one, to burn it; and at a county meeting which followed, it was decided, that this should be accompanied also by a most humiliating apology from Stewart and the consignees. As the people now threatened to burn the vessel itself, the former, by the advice of Carroll of Carrollton, proposed to destroy her with his own hands. Crowds repaired to the water-side to witness the atonement; the vessel was run ashore atWindmill Point, where Stewart set fire to his own vessel, with the tea on board.

All was now preparation for open hostilities. Military associations were formed, military exercises eagerly engaged in, and subscriptions set afoot for purchasing arms and ammunition. The planters were requested to cultivate flax, hemp, and cotton, and to enlarge their flocks with a view to the manufacture of woollens. At this point we must leave Mr. M'Mahon. On the appearance of his second volume, we may resume his narrative from this period, and take the same occasion to notice some other matters in his work, for the discussion of which we have not room at present.

[10]New Travels by the Abbé Robin, one of the Chaplains to the French Army in N. America.]

Art. X.—Notes on Italy.ByRembrandt Peale. 1 vol 8 vo. Carey & Lea: Philadelphia: 1831.

To review a new volume of travels in Italy, may seem to many readers an unprofitable task. Since its shores were first hailed by the faithful Achates, it has been the goal of travellers and the theme of authors. Every age has sent its children to visit that favoured soil; and the barbarians who rudely invaded it from beyond its Alpine barriers, have been followed by successive generations of men, less rude indeed from the progress of time, but not less ardent to explore and overrun it. Peace and war have alike urged them on. Its mountains, its valleys, its defiles, its broad and sunny plains, have resounded for hundreds of years with the clash of arms, and glittered with innumerable warriors; bands scarcely less numerous have penetrated every corner, led by spirits inquisitive for knowledge or fond of dwelling on beauties of nature, perhaps unrivalled, and on the certain charms of refined and exquisite art, with which no other land, however favoured, has yet dared to offer a comparison. Nor is there wanting the ample, the reiterated record of all this. Historians, and poets, and antiquarians, and novelists, and travellers, have made familiar every incident of every age—every allusion that can give fresh and delightful associations to every spot. What ruin is there that they have not made eloquent? What mountain, what grove, can eager curiosity, urged on by the enthusiasm of taste and genius, discover, which is not already hallowed—that has not "murmured forth a solemn sound."

Yet, still, we read over the oft-repeated tale; we can bear to hear again and again the history of Roman grandeur; we delight to trace the footsteps of warriors, of statesmen, of heroes, philosophers, and poets, whom we have learnt to regard rather as old friends, as household deities, as companions who have enchanted our youth, and beguiled our later years,—who have given us at once rules and lessons of human conduct, and pleasing visions to delight our fancies and our hearts, than as merely individuals in the great family of mankind. We can bear to dwell again and again on the graphic page which imparts to us the knowledge of those triumphant efforts of taste, of genius, and of art, whose charm time cannot injure, and which become to us the more dear, because they remain after centuries have passed away, with scarcely a single rival.

We were impressed with these feelings when we took up the unpretending volume before us; we can scarcely doubt, that they will be common to many at least of our readers, when they find our page headed with "Notes on Italy." To these sentiments will be justly added a favourable impression from thecharacter of the writer, and the circumstances which have led to his tour and to the publication of the present volume.

As early as the year 1786, Charles Wilson Peale, the father of the author, and a gentleman whose name is well known as connected with the infant arts and sciences of America, was the first person to build an exhibition room in the city of Philadelphia. There he displayed to a public, perhaps but little prepared to appreciate them, the first collection of Italian paintings, and there his son acquired in his earliest youth, not only an enthusiastic admiration for the art itself, which he has since successfully cultivated, but an ardent desire to visit the region where he could behold the productions of artists whose genius he had learned to venerate.

Having commenced his studies as a painter under the direction of his father, he went to England, during the peace of 1802, with the design of visiting France and Italy. The renewal of hostilities, however, prevented this, and after availing himself for a short time of the benefits London offered, he returned home. In 1807, he again crossed the Atlantic; the disturbed situation of the continent obliged him to confine himself to France; but in the gallery of the Louvre he could admire, study, and emulate the noblest productions of the pencil and the chisel, collected by that wonderful man, who loved to blend in the triumphs of warlike ambition, the trophies dear to philanthropy, to science, and to art. Mr. Peale returned to his own country, not satisfied however, because Italy itself was yet unseen. It was in vain that an increasing patronage and attention to the fine arts in his own country offered him renewed reasons to remain there; he was as restless as before, and in 1810 we again find him in Paris, and again obliged, by the unsettled state of Europe, to forego his long cherished visit. He returned to his own country; but the fever that still burned as in the ardour of youth, was not allayed, and the idea that his dreams of Italy were never to be realized, seemed, as he tells us, to darken the cloud which hung over the prospect of death itself. For a number of years the duties required by a large family forbade his separation from them; but these at length permitted the gratification of his wishes, and patronised by the liberality of several gentlemen of New-York, at the age of fifty-one he was able to gratify a desire which had not failed to increase with his years. The narrative of his tour, which occupied nearly two years, is embraced in this volume. His main object was to examine the celebrated works of Italian art, and to select, for the employment of his pencil, some of the most excellent pictures of the great masters which are preserved in Rome and Florence; the copies of these carefully made cannot fail to advance, among the artists and amateurs of his own country, a correct knowledge of the fine arts.

With his thoughts and his pursuits directed chiefly to this object, we find in the volume before us, no pretension and little attention to antiquarian research, or classical allusion, which have been so generally called forth by the mouldering monuments, and the familiar scenes connected with the history and poetry of earlier days. Neither do we meet with the elaborate reflections on the political or social state of Italy, in the present day. It is true, the remarks of Mr. Peale are not confined to works of art, for he could not shut his eyes to the scenes among which he had to pass, and he was not uninfluenced by a general curiosity and love of truth;—but they are the notes of a transient observer, whose mind was turned to other things. Yet they are found not unfrequently to convey lively impressions of the state of society and manners, and of the local peculiarities of Italy.

Having sailed from New-York, Mr. Peale arrived at Paris, in the month of December, 1828. After a short stay there, merely sufficient to glance over the principal works of art, and to regret the altered situation of the magnificent gallery of Napoleon, deprived of the matchless memorials of his conquests, he continued his journey towards the south of France. Passing through Lyons, the route continued a long way on the border of the rapid Rhone, upon which he saw but one vessel,—whilst the road presented a constant procession of wagons. Such a stream in America, between two great cities, would be covered with steam-boats. As the road advanced south, it passed through more abundant vineyards, the verdure of the fields became more extensive, and, on each side, were seen vast orchards of mulberry trees, for the support of silk-worms, tributary to the great manufactories of silk at Lyons. As he approached Marseilles, the milder atmosphere gave evidence of a more genial climate, and the altered costume of the women, of a different people—to the caps common after leaving Paris, was now added a piece of black silk, of the size and shape of a plate laid on the top of the head; and, in the immediate vicinity of the town, the women wore black hats, with small round crowns and broad rims. Marseilles is a large and bustling sea-port, with but little to detain those who are in search of the productions of Italian art. Instead of pursuing the route he had intended, by Aix and Genoa, Mr. Peale here embarked in a Neapolitan ship, and, after a stormy and uncomfortable passage of ten days, found himself in the magnificent Bay of Naples. Four weeks were devoted to an examination of the works of art in the various galleries, palaces, and churches;—and most of the curiosities, the objects which attract an inquisitive traveller, were examined. Among the latter may be mentioned the catacombs ofSanta Maria della Vita, which are thus described:—

"Descending into the valley of houses, and then rising to the foot of a neighbouring hill, we entered the court yard of a vast hospital for the poor; an establishment made by the French, in which are men, women, and girls, each class being kept separate and made to work. Here an old man presented himself who officiated as an experienced guide, furnished with a lantern and great flambeau made of ropes impregnated with some kind of resin. A little back lane conducted us to a kind of grotto, containing an altar ornamented with several marble medallions, which are said to have been sculptured by the early Christians. This chapel served as an entrance to the chambers of the dead, which consist of long, winding, and intricate passages, cut out of thetufarock; in procuring which, for the purposes of building, these vast subterranean excavations were originally made, and afterwards used as depositories of the dead. During the persecutions against the early Christians, they were occupied by them either secretly as places of residence, where they might practise their worship unmolested, or, by the permission of their pagan persecutors, as abodes of the most humiliating kind, secluded from the light of day. Here our guide, preceding us with his smoking torch, which he occasionally struck on the walls, so as to scatter off a radiating flood of sparks which left him a brighter flame, showed us the little lateral recesses in which the humble believers were contented to lie, and shelves, excavated in the rock, in which their mortal remains were deposited after death. He pointed out the larger chambers, somewhat decorated with columns and arches in faint relief, in which the priests resided; the places where altars stood; and, in a higher excavation, raised his torch to a rude recess, or sunken balcony above the arched passage, whence the word was preached to the faithful below in a hall of great width. The chambers occupied by the most distinguished characters were denoted by better sculpture, Mosaic incrustations, and fresco paintings. We followed the windings of these subterranean corridors to a great extent, till we reached a hall which was said to be a quarter of a mile in height; but whether contrived for the purpose of ventilation, or as a shaft for raising the stone, we could not ascertain, any more than we could the accuracy of our guide's information, that the bodies of hundreds of martyrs were thrown down there by their pagan murderers, whence they were conveyed by their surviving friends into the niches prepared for them. From these remote parts, passages, now closed, were formerly open, which communicated with other catacombs and villages for sixteen miles round, affording the inmates, it is said, the means of escaping the persecutions which, from time to time, fell upon a sect so obnoxious to the pagan priesthood."We found the bones in these catacombs in excellent preservation, and on many the flesh of fifteen hundred years was still of such tenacious though pliant fibre, that it required a sharp knife to cut off a piece. The guide showed us the heads of some of those early Christians, with the tongues still remaining in them, but would not permit us to take one away. Here lived the venerated St. Januarius, whose particular cell was pointed out to us; and to these retreats was his dead body borne after his martyrdom; though some ancient painters represent him walking back with his head in his hands."We then visited the church ofSanta Maria della Vita; it is an old and curious edifice, rich in marbles, and remarkable for the style of the grand altar, which is constructed over another one, as on a bridge, to which you rise by two lateral flights of steps, ornamented with elegantbalustradesof costly marbles. The old monk showed us, behind the altar, an ancient painting of the Madonna, resembling an Indian, and a precious door to a case containing some sacred relic; but as we did not seem interested in these, he proceeded to open a door in the side wall, and requested us to walk in. To our surprise it was the entrance to another series of catacombs, in which were deposited the dead within the last two hundred years. These were placed in perpendicular niches in the rock, and plastered up, leaving only a part of the head projecting; the men with their faces out, the women with their faces in, only exposing the backs of their heads, from which the hair had long since fallen. By scraping away the plaster, some of the skeletons appeared in their whole extent, among which was an extraordinary one of a man about eight feet tall. The plaster which covers these bodies,thus showing only one half of the head, was painted so as to imitate the entire figure, clothed as men or women, and sometimes representing them as skeletons in part covered with drapery, with various inscriptions above them. The deeper recesses of these vaults led to chambers where we saw two carcasses of men, deposited only six months since; the flesh not decaying, but gradually drying up. They were naked and seated in niches in the wall, with their heads and arms hanging forward in very grotesque postures. In the catacombs which we first visited, the dead were generally placed horizontally, whereas here, all that we now saw were standing erect. We entered some chambers, however, with numerous empty horizontal recesses."

"Descending into the valley of houses, and then rising to the foot of a neighbouring hill, we entered the court yard of a vast hospital for the poor; an establishment made by the French, in which are men, women, and girls, each class being kept separate and made to work. Here an old man presented himself who officiated as an experienced guide, furnished with a lantern and great flambeau made of ropes impregnated with some kind of resin. A little back lane conducted us to a kind of grotto, containing an altar ornamented with several marble medallions, which are said to have been sculptured by the early Christians. This chapel served as an entrance to the chambers of the dead, which consist of long, winding, and intricate passages, cut out of thetufarock; in procuring which, for the purposes of building, these vast subterranean excavations were originally made, and afterwards used as depositories of the dead. During the persecutions against the early Christians, they were occupied by them either secretly as places of residence, where they might practise their worship unmolested, or, by the permission of their pagan persecutors, as abodes of the most humiliating kind, secluded from the light of day. Here our guide, preceding us with his smoking torch, which he occasionally struck on the walls, so as to scatter off a radiating flood of sparks which left him a brighter flame, showed us the little lateral recesses in which the humble believers were contented to lie, and shelves, excavated in the rock, in which their mortal remains were deposited after death. He pointed out the larger chambers, somewhat decorated with columns and arches in faint relief, in which the priests resided; the places where altars stood; and, in a higher excavation, raised his torch to a rude recess, or sunken balcony above the arched passage, whence the word was preached to the faithful below in a hall of great width. The chambers occupied by the most distinguished characters were denoted by better sculpture, Mosaic incrustations, and fresco paintings. We followed the windings of these subterranean corridors to a great extent, till we reached a hall which was said to be a quarter of a mile in height; but whether contrived for the purpose of ventilation, or as a shaft for raising the stone, we could not ascertain, any more than we could the accuracy of our guide's information, that the bodies of hundreds of martyrs were thrown down there by their pagan murderers, whence they were conveyed by their surviving friends into the niches prepared for them. From these remote parts, passages, now closed, were formerly open, which communicated with other catacombs and villages for sixteen miles round, affording the inmates, it is said, the means of escaping the persecutions which, from time to time, fell upon a sect so obnoxious to the pagan priesthood.

"We found the bones in these catacombs in excellent preservation, and on many the flesh of fifteen hundred years was still of such tenacious though pliant fibre, that it required a sharp knife to cut off a piece. The guide showed us the heads of some of those early Christians, with the tongues still remaining in them, but would not permit us to take one away. Here lived the venerated St. Januarius, whose particular cell was pointed out to us; and to these retreats was his dead body borne after his martyrdom; though some ancient painters represent him walking back with his head in his hands.

"We then visited the church ofSanta Maria della Vita; it is an old and curious edifice, rich in marbles, and remarkable for the style of the grand altar, which is constructed over another one, as on a bridge, to which you rise by two lateral flights of steps, ornamented with elegantbalustradesof costly marbles. The old monk showed us, behind the altar, an ancient painting of the Madonna, resembling an Indian, and a precious door to a case containing some sacred relic; but as we did not seem interested in these, he proceeded to open a door in the side wall, and requested us to walk in. To our surprise it was the entrance to another series of catacombs, in which were deposited the dead within the last two hundred years. These were placed in perpendicular niches in the rock, and plastered up, leaving only a part of the head projecting; the men with their faces out, the women with their faces in, only exposing the backs of their heads, from which the hair had long since fallen. By scraping away the plaster, some of the skeletons appeared in their whole extent, among which was an extraordinary one of a man about eight feet tall. The plaster which covers these bodies,thus showing only one half of the head, was painted so as to imitate the entire figure, clothed as men or women, and sometimes representing them as skeletons in part covered with drapery, with various inscriptions above them. The deeper recesses of these vaults led to chambers where we saw two carcasses of men, deposited only six months since; the flesh not decaying, but gradually drying up. They were naked and seated in niches in the wall, with their heads and arms hanging forward in very grotesque postures. In the catacombs which we first visited, the dead were generally placed horizontally, whereas here, all that we now saw were standing erect. We entered some chambers, however, with numerous empty horizontal recesses."

All the spots around Naples, of particular interest, as Vesuvius, Posilippo, and Portici were visited; crowds of beggars were encountered in all directions; but the people in general appeared to be healthy, lively, and happy. The streets are made gay by the immense number of carriages with which the public are accommodated at a very cheap rate, and people of all ranks are seen splashing along, sometimes to the number of seven or eight, clinging, as well as they can, to a vehicle scarcely large enough to hold half the number. The Neapolitans speak with great gesticulation, using many signs which have a known meaning; and they may sometimes be seen thus conversing across the street, from the upper stories of opposite houses. They are, of course, great eaters of macaroni, which is seen dangling from the shops in all parts of the city; and nothing is more amusing than the humble purchasers gathered around the stalls, stretching their necks with open mouths to suck it in.

Having seen as much of Naples as a long succession of bad weather permitted, our travellers set out in avetturinofor Rome, under the guidance of a snug, young, leather-breeched postilion, who spoke nothing but broad Italian. Crossing the Pontine marshes, where, it is probable, the wintry season prevented the frogs and musquitoes from recalling to their recollection the sufferings of Horace, they first looked down from the heights of Albano on the dome of St. Peter's, glittering in the bright rays of the sun, which just then broke through the clouds. On the last day of January, Mr. Peale found himself comfortably placed in a hotel of the Piazza di Spagna, ready to explore all that the eternal city could offer to his curious research. He remained at Rome till the month of July following.

His earliest visit was to St. Peter's, which he has minutely and graphically depicted. His first sensation he describes as one of surprise at the brightness and elegance of the whole interior, and in part of disappointment at the apparent want of magnitude. This was probably occasioned by the colossal statues, which, being proportioned to the vast pilasters, arches, and columns, seem to reduce the whole to an ordinary scale; and also to the wonderful harmony of all the parts, which preventsthe contrast necessary to fill the mind with a sense of a gigantic object. When he had, however, walked over the wide fields of pavement, and compared the human beings before him with the stupendous masses around, he became by degrees convinced of the mighty magnitude, and experienced increased emotions of wonder and delight.

His visit to St. Peter's was followed by a minute survey of all the principal churches, galleries, antique monuments, and ruins, with which Rome abounds, among them, and in the study of the works of the great masters of art, he found five months pass rapidly away.

The houses of modern Rome generally present a good appearance, from the circumstance, that, although built of brick, they are, with few exceptions, plastered with great skill and dexterity to resemble stone, outside and inside. The puzzolana earth forms an admirable cement, and even when placed on the tops of houses it forms a terrace impenetrable by water. The streets are kept rather clean by the employment of convicts, but there is always abundance of dirt around the dwellings of the poor, who inhabit the ground floors, which are used not only for the residence of poverty and wretchedness, but for stables, and shops of every kind. The men, women, and children, however, in these unpromising abodes, are fat, dirty, and merry, and present no appearance of being victims of malaria or despotism. The streets, except the Corso, are seldom straight; but in the evenings they are filled with people, the rich taking a fashionable drive, with the utmost seriousness and silence, the poor lying and sitting on the ground, eating a piece of bread, or a fresh head of lettuce, in general, silent and serious like their betters, but occasionally bursting into roars of laughter, and expressing their hilarity by loudly clapping their hands.


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