I. Importance of Courts of
that Day
As has been
mentioned the Palatine of Durham was the model for Maryland
government and accordingly much power was vested in the county
unit—the court. The following list of court powers of that
day gives an idea of their jurisdiction.
Court powers:
1. To divide Counties into Hundred.
2. To appoint a constable once a year for each Hundred.
3. To divide the county into highway precincts.
4. To appoint once a year an overseer for each highway
precinct.
5. To hear and consider petitions for new highways.
6. To let contracts for keeping ferries
7. To let contracts for erection and repair of county
buildings.
8. To appoint inspectors of weighs and measures. (Later
for tobacco.)
9. To provide county with standards of weights and
measures.
10. To require tobacco inspectors to render them accounts.
11. To remove inspectors from office for misbehavior.
12. To (through Justices) levy taxes.
13. To exempt paupers from poll tax.
14. To exempt superannuated slaves from tax.
15. To (through Sheriff) collect taxes.
16. To grant rights to keep ordinary.
17. To establish rates of ordinary as to eating, drinking,
etc.
18. To advise sheriff as to day of election of
“delegates.” (The justices sat with sheriff
during election.)
19. To (in some cases) direct the sheriff to sell insolvent
debtors into servitude.
20. To pay annual prizes amounting to several thousand
pounds of tobacco for the
best pieces of linen manufactured in the county.
21. To train and organize Militia.
22. To (in case of poverty)
a. Bind out orphan children as apprentices
b. Engage physicians for sick paupers.
c. Levy tax for the support of the poor and needy.
II. Establishing the Courts
The same assembly, 1773, which gave us Caroline, enacted various
laws relative to the new County Courts.
1. The Assembly appointed seven
Commissioners.
2. These Commissioners were authorized to purchase "A
quantity of land, not exceeding four acres of
land, at or adjoining Pig Point on the east side of the Choptank
River, below Melvill's Warehouse."
3. The Justices of Caroline County were authorized to
secure a place for court and gaol.
4. Ordered court to be held at Melvill's Warehouse until
Court and gaol at Pig Point were complete.
5. Authorized Justices to levy a tobacco assessment
sufficient to pay for land on which to build court
house and gaol, plus 5% sheriff's fees for collecting.
6. The commissioners were authorized to contract and agree
for the building of the Court house and
gaol.
III. Places of Holding Court
1.
Melvill's Warehouse. March 1774 to August 1778.
2. Bridgetown (now Greensboro). August 1778 to March
1780.
3. Melvill's Warehouse. March 1780 to March 1790.
4. Pig Point (now Denton). March 1790 to present.
IV. Court at Melvill's Warehouse
By order of Assembly (1773)
Melvill's Warehouse became the temporary county seat and court
convened there for all terms from 1774 to 1778. The
following is the official record of the same.
Court Organization
Maryland at a County Court of the Right Honorable Henry
Harford, Esq. Absolute Lord and Proprietary of the province
of Maryland held for Caroline County at Melvill's Warehouse in
the County aforesaid, the third Tuesday in March, Anno Domini
1774 beginning the 15th day of the said month and continued by
several adjournments until the 17th day thereby.
Lordships, commissioners and officers authorized and employed to
hold the said court were:
PresentThe Worshipful
Mr. Charles Dickinson
Mr. Benson Stainton
Mr. Thomas White
Mr. William Haskins
Mr. Richard Mason
Mr. Joshua Clark
Mr. Nathaniel Potter
The said Lord Proprietary
his Justices
Wm. Hooper, Esq. Sheriff
George Fitzhugh, Clerk.
The following
commission and Writ of Dedimus Potestatem thereon indorsed to
the Justices of Caroline County directed are openly read (viz)
the Right Honorable Henry Harford, Esq.;
absolute Lord and Proprietary of the Province of Maryland to Richard
Lee, Benedict Calvert, Daniel Dulany, John Ridout, John Beale
Boardly, George Stewart, William Fitzhughes, William Hayward,
Daniel of Saint Thomas Ienifer, George Peter, Benjamin Ogle and Philip
Thomas Lee, Esquires, Charles Dickinson, William Haskins.
Thomas White, Richard Mason, Joshua Clark, Benson Stainton,
Nathaniel Potter, William Richardson and Matthew
Driver, Junior men of Caroline County,
Gentlemen, Greeting, Know ye, that we have assigned you and
every one of you jointly and severally, our Justices to keep
our peace within our County of Caroline and to do equal law and
right to all the Kings subjects, rich and poor, according to the
laws, customs and directions of the acts of the Assembly of this
Province, so far forth as they provide, and where they are
silent, according to the laws, statutes and reasonable customs
of England, as made and practiced within this Province for the
conservation of the peace, and quiet rule and government of the
King's subjects within our said County, and to chastise and
punish all or any persons offending against the said acts, laws,
statutes and customs, or any of them, according to the
directions thereof, and to call before you, or any of you, those
who in our County aforesaid shall break our peace and misbehave
themselves; to find sufficient security of the peace and good
behaviour to us and the said subjects, and if they shall refuse
to find such security that then you cause them to be committed
into safe custody, until they shall be delivered by due course
of law from thence; also we have assigned you, and every three
or more of you--(then an enumeration of all crimes and
misdemeanors follows).............and none others to be Judges.
Also by these presents we do command the Sheriff of our said
County of Caroline that at the several Courts to be held for our
said county, he give his attendance and cause to come before
you, or any three or more of you (as aforesaid) such and so many
good and lawful men of his Bailiwick out of every hundred
thereof, by whom the truth of the matter may be better known and
inquired of. Lastly, you shall cause to be brought before you
at your said Courts, all Writs, Precepts, Process, and
Indictments to your Courts and Jurisdiction belonging, that the
same may be inspected and by due course of law determined.
Witness Robert Eden, Esq. Lieutenant General
and Chief Governor of our said Province of Maryland, this twenty
eight day of February, in the third year of our Dominion.
Robert Eden {seal}
This first court made appointments and issued Orders of Court
but no "trials" were held until August 1774 at which time the
Commissioners and other officers were the same as those present
in March.
V. Court at Bridgetown (Greensboro)
Troubles
concerning the location of the seat of Justice began.
Jealousy no doubt was the basis of the entire dissention.
During the Revolutionary period the County Treasury had become
depleted by general conditions as well as by the depreciation of
currency so that the monies therein had almost reached zero. Wright says,
"Each year that this great and glorious conflict continued,
depreciated Caroline's finances until they had almost if not
quite reached the vanishing point." With keen political
acumen the Northern part of the County made a heroic effort to
have the County Seat removed to Bridgetown (now Greensboro).
The down County politicians offered vigorous opposition claiming
that Edenton (now Denton) the place chosen by the 1773 Assembly
was more centrally located and making protest against "The
Bridgeers" lacking dignity of name. The upper county
retaliated in kind by reference to "Pig Point" and the
impropriety of the name Edenton because of its relation to
Governor Eden.
And so the war waged. Mass
meeting were held and committees from both sections with the
fastest local craft obtainable flew "hither and to" across the
bay to Annapolis trying to impress lawmakers of their needs.
That they created some contention among the lawmakers there is
shown by the following enactments of 1786 when:
1. "An Act was passed suspending the erection of
public buildings In Caroline, and a petition was presented
to the Assembly, signed by many inhabitants of the County
praying
that the public building be erected at Choptank Bridge."
2. "A counter-petition signed by many other
Inhabitants of the County and preferred to the same Assembly
prayed that the said building be erected at or near the
center of the County."
3. "The
Assembly then passed an Act deferring the erection of public
building until the next Assembly, any law to the
contrary notwithstanding."
That Court convened in
Bridgetown a number of times during this altercation is proven
by the Court records. The orders are as follows:
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1777
"The Court
appoints Messers Richard Mason,
Henry Downes, Thomas Hardcastle, Matthew Driver
and Nathaniel Potter, or any
three or more of them, to agree with some person or
persons in Bridgetown, for a house to hold Court
in; a good and safe temporary place, and that the
same be put in order, fit and proper for the
purpose aforesaid, and that they return an account
of the same to the next Court."
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| 1778
Ordered by the Court that Caroline County Court be
held at Bridgetown for the future.
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| 1778
Ordered by the Court that the Sheriff remove the
prisoners now in the public jail at Melvill's
Warehouse to Bridgetown as said there shall be a
jail fit to receive them.
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The Court minutes
give the following dates on which Court "set" in Bridgetown, in
Aug. 1778 and Nov. 1778, but at the November session the
opposition to Greensboro was so strong that the following order
was passed:
| 1778On motion to remove this Court
from Bridgetown to Melvill's Warehouse from whence it
was removed at March term, 1778, the Court on mature
deliberation is of the opinion that the removal from
Melvill's Warehouse was unwarranted by any power in the
Court by the Act of Assembly for fixing a place of
holding for the Court, and that at the convenience of
the public business, and as Melvill's Warehouse is most
central, and the place appointed by the commissioners of
the peace under the Act of Assembly entitled "An Act for
the division of Dorchester and for erecting a new house
by the name of Caroline" for transacting the public
business for Caroline County and the public buildings
which be erected; therefore it is reported that this
Court be held there as usual, and the Clerk is directed
to make on his precepts returnable to that place, and
the Commissioners of the peace with respect to
recognition are delivered to attend to the same. |
Court adjourned to
meet at Melvill's Warehouse where the sessions of Dec. 1778 and
Mar. 1779 were held. Then once more the "Bridgeers" gained
the ruling power and Court was once more removed to Bridgetown
where it remained during the sessions of June 1779, Oct. 1779
and March 1780.
The plan of holding Bridgetown Court
has been indefinite but recently it has been established that at
that period a Colonial Alms House stood on the east bank of the
Choptank River, about one quarter of a mile above the present
bridge and one hundred yards or more back from the river's bank,
and here Bridgetown held her Court.
From 1780 to 1790 the contention
continued but finally with the true Spirit of Democracy which
was ever the inspiration of Caroline the matter was made an
election issue and put before the citizens to be decided by
ballot. The question was submitted to the suffrage of the
people at the election of delegates to Assembly, 1790.
Then Bridgetown met her final defeat for when the "count" was in
the vote stood two to one in favor of Pig Point and made
it the permanent seat of Justice.
VI. Denton as County Seat
| "BE IT ENACTED, That the clerk
of Caroline County for the time being shall, at some
convenient time before the first day of March next,
remove, from Melvill's Warehouse, all the books, rolls,
papers and other records, belonging to the said County
Court, to Pig Point aforesaid, and there safely deposit,
keep, and preserve the same in some convenient house and
the justices of the said Court shall direct and cause a
list of all the said records and books to be signed by
the clerk of said county, and entered upon record among
the proceedings of said county." |
The above Act of
Assembly, 1790, officially provides for the passing of Melvill's
Warehouse as County seat. This the Assembly further stated
was done for the benefit of the people of the County. The
Commissioners were directed to secure four acres of land at
Edenton before June 1, 1791, on which a Court House and gaol
were to be erected. These commissioners were William
Richardson, Zabdiel Potter, Jos. Richardson, Peter Edmondson,
and Joshua Willis. These men secured the four
acres--practically same as now in use--by the "condemnatory"
process and paid 30 sh. (a little more than $7) per acre for it.
The Court was authorized to meet at Pig Point in such building
as the Judges thought most convenient for holding Court and
elections. There is no authentic record of the place of
meeting during the four years 1791 to 1794. Wright plans
it at the old brick mansion which once stood near the present
location of the Brick Hotel but there were some half dozen other
houses in the town at that time which were equally suitable for
such meeting which may be held as probable meeting
places.
VII. The First Court House
In locating the
court house the law had also provided the name Eden-town but
until the erection of the building, 1791, the place remained Pig
Point in local parlance. Previously, when used, the name
had been abbreviated to Edenton, now the E was dropped and
henceforth we have Denton.
The Commissioners at this time, 1792, were Christopher
Driver, William Robinson, Philemon Downes, Thomas Lockerman and Jos.
Richardson, and through their energy the Court House was
begun in 1793. It was a brick building, colonial style,
modeled after and much resembling Independence Hall,
Philadelphia. Its builder was William
Benson of Talbot County, and the total cost was
£1800.
And now having secured the building
after 20 years of effort, true to the perversity of mankind, the
office holders, in part, were both to take up their abode there.
A law was enacted by the Assembly compelling the Clerk, Register
of Wills, and Sheriff as well as deputies to move into the Court
House or within one quarter mile of the same before June 1,
1795, the penalty of refusal being a fine of £15 current money.
Needless to say they all complied with haste.
VIII. Changes of 1895
A century run was
given the first Court building and during that time, with the
building withstood the ravages of time showing little sign of
decay. Its permanency bore testimony to the builder as
well as for the Commissioners of 1795.
However, with the growth of the
County, the citizens demanded a larger and more modern building,
so in 1895 the old one was razed. For the new Court House Joseph
H. Bernard of Greensboro was selected as
Architect and Chairman of the building commission, consisting of
Messrs. Wm. E. Lord, George M. Russum, Thos. L.
Day, John W., Clark, Bayard Nichols, Alex. Noble, Thomas R.
Green and Henry Irwin.
This Committee contracted with Slemmons & Lankford of
Salisbury, Md. to erect a brick building for the sum of $21,000
which stands today (1919) on the Denton Court House Green.
The boundaries of the “green” have
been somewhat changed since 1790 but the location remains the
same. Someone has aptly said,
“The once ancient looking Denton is no more but has passed
within the brief period of a score of years. In the
substantial growth of Caroline’s County town, it has done so
conforming to the ideals of the townsmen that have not only
built well, but have a knowledge of the value of civic pride
in the rejuvenating of an old town, or in building a new
one.”
ORDERS OF COURT
I. Related to Court
1774 James Barwick agrees
to find a room to hold court in, a from for the Clerk of
this Court to the end of November Court, for which the Court
agrees to allow him the quality of one thousand pounds of
tobacco to be levied at November meeting.
1774
The
Court appointed Messrs. Benson Stainton and
Richard Mason to try the Scales and Weights
at Choptank Bridge and Melvill’s Warehouse, and take an
account of what repairs are wanting to the said house, and
report the same to Court.
1774
The
Court appoints the several persons Constables for the
ensuing year: Joshua Willis of
Great Choptank Hundred, Christopher Driver for
Bridgetown Hundred, James Cooper for
Northwest Fork Hundred, Davis [sic] Robinson for
Tuckahoe Hundred, and Solomon Mason for
Choptank Hundred; WHEREUPON, the said Joshua
Willis, Christopher Driver, James Cooper, David [sic] Robinson
and Solomon Mason are qualified in open
Court by taking the oaths of the government, the oath of
constable, subscribing the oath of abjuration and repeating
and signing the test.
John
Cooper and Francis Stevens are
appointed Sub-Sheriffs who thereupon take the oaths to the
government, oath of abjuration and repeats and signs the
test.
1774
On
application made by Messrs. Robert
Goldsborough, Thomas Goldsborough, James Tilghman, Nicholas
Thomas, Jacob Moore, Richard Bassett, Solomon Wright,
Matthew Browne, they are admitted to practice as
attorneys of this County, thereupon they respectively take
the oaths of the government and the oat of attorney, and
subscribe the oath of abjuration and repeat and sign the
test.
1774
The
Court agrees to pay Edward Lloyd, Esq.,
the sum of five pounds current money in dollars at 7
shillings, 6 pence, (about $13) for the use of the old store
house at Melvill’s for the purpose of a jail for use in
Caroline County until the end of November Court next, to be
then levied.
1774
The
Court agrees to allow Johannah Bennett the
sum of 4 shillings, 1 pence for keeping the Court House in
class.
1774
Ordered by the Court that the clerk attend
Melvill’s Warehouse on Wednesdays every week, which day is
by the Court appointed office day.
1774
(Note the time these cases were pending, 1774-1782.)
Webster} Case: Richard
Andrew, Fork, Special Bail. Judgment on award filed
under the
against }
hands of Messrs. Nathaniel Potter, John
Stevens and Zabdiel Potter,
Hughes } Arbitrators in the cause, that the
plaintiff recover against the said Defendant, the sum of six
pounds, fifteen shillings, Debt and two hundred nineteen
pounds of tobacco and fourteen shillings and seven pence
half penny, costs and charges.
William Richardson, Clerk
1774
Court
fined Wm. Richardson, Clerk, 7½
shillings for not being present at the time when Court ought
to have been called.
II. Orders Relating to Ordinaries
1774
On application of William
Haslett he is admitted to keep an ordinary
and house of entertainment for one year at his house near
Choptank Bridge on payment of £4 ($20) current money of
Maryland, (which John Cooper, sub-sheriff receives) for a
license, whereupon the said William Haslett together
with Matthew Bell and Matthew
Driver, Jr., his securities, acknowledge themselves to
owe and stand justly indebted unto the Right Honorable the
Lord Proprietary of this province in the sum of £40
current money of Maryland of their bodies, goods and
chattels, lands and tenements, separately to be made and
levied to the use of the said Lord Proprietary, his heirs
and successors upon condition that if the said Mr.
Haslett shall keep good rules and orders in
his Ordinary at his dwelling house and do not suffer loose,
idle or disorderly persons to tipple, game or commit any
disorders or other irregularities in his Ordinary and that
he also will and truly observe, fulfill and keep the several
matters and things by an Act of Assembly entitled, An Act
for licensing Ordinary keepers, hawkers, pedlers, and petty
chapmone particularly specified and enjoined and in every
respect conform himself thereto, then this recognizance to
be void, otherwise of force.
1774
Other licenses for keeping
Ordinaries and houses of entertainment were granted as follows:
Levin
Bell, near Tuckahoe Bridge; Eleanor
Montgomery, at Marshy Hope Bridge; John
Fisher, on road from Choptank Bridge to Marshy Hope
Bridge; James Barwick, at Melvill's
Warehouse.
In addition to the above list ordinaries were also
licensed to the following places: Tuckahoe Bridge (Hillsboro),
Murray's Hill (Linchester), Nine Bridges (Bridgetown), Potter's
Mill (Williston), Chapel Branch (Piney Grove), Cross-Roads near
Kingston (Smithson).
Thus it will be seen that the county was well equipped
with hotels to take care of travelers on horseback as well as
provide liquid refreshments so common and cheap at that time.
1774
On
application of Alexander Widougall (1774),
he is licensed for one year as hawker and pedlar on
payment of four pounds money of Maryland (which John
Cooper, sub Sheriff receives for a license).
License delivered, Clerk records 4 £ current money.
The Court agrees to the following rates of
liquors (and tavern rates) until August Court of 1775:
West India Rum 13s. 4p. per gallon.
Country Brandy 8s. per gallon.
Strong Beer, Country Brewed 4s. per gallon
Every gill of New England Rum or Country Brandy
with Muscavada sugar to make same into Punch and so pro
rata 8p.
Every Lemon or Seville Orange 6p.
Hot Diet with small Beer or Cider 1s.
Cold Diet with Ditto 10p.
Horse Stablage with sufficient fodder for one
horse one night 6p.
Oats and Indian Corn 4s. per bu.
III. Miscellaneous Orders1774
The following
order is among the first of the Caroline County Court: Henry
Swigate of Caroline County came and prayed to
have the mark of his son William Swigate's hogs
recorded, which is as follows; to wit: crop and under bitt in
right ear and the left under sliced and a hole in it.
1774
The Court agrees to give James
Barwick 2500 pounds of tobacco on condition
that he keep a public ferry from causeway opposite Melvill's
landing, and keep the causeway and bridge in passable order
until November Court next, to be then levied.
1774
Maryland Know all men by these presents that we Michael
Lucas, Edward White and Jacob
Rumbley Lpd. and County of Caroline, are
held and bound unto his Lordship the Lord Proprietary, his
heirs and successors in the full and just sum of 1800 pounds
of tobacco, to be paid unto the said Lord Proprietary, for
his heirs and successors.
To the payment
will and true to be made and done we bind ourselves, and
each of our heirs, executors and administrators jointly and
severally and firmly by the present. Sealed with our own
seal and dated this 26th day of December 1774. The
Conditions of the above obligations are such that if the
above bound Michael Lucas shall
truly and faithfully perform the duty of inspector at
Melvill's Warehouse according to the directions of the late
account of the Assembly, in such case make and provide then
the above obligations be void of full force and virtue in
law.Michael Lucas (Seal)
Edw. White (Seal)
JACOB RUMBLEY (Seal)
"Mr. Richard Mason delivers the annual
value of Richard Lockerman's lands,
which said annual value is as followeth, to wit:
We the subscribers being duly appointed and sworn by Richard
Mason, Esq., one of his Lordship's Justices of the peace
for the county aforesaid, that we will to the best of our
skill and judgment make a true estimation of lands and
improvements belonging to said Richard
Lockerman, a minor, and now under the guardianship of
said William Tripp of
Talbot County. As is to say his part of Talson Manor
said to be five hundred and eighty five acres. We
therefore duly certify that on the second day of April 1774,
we met on said lands and find thereon:
One dwelling house 25 ft. by 16 ft.
with a 10 ft. shed.
A kitchen 25 ft. by 17 1/2 ft.
A smoke house 12 ft. by 12 ft. built
of logs.
A barn 25 ft. by 25 ft.
A corn house 16 ft. by 18 ft.
A milk house 10 ft. by 6 ft.
Two small hen houses.
Two corn houses.
A Garden 100 ft. square.
An apple orchard of 65 trees.
Four small English Walnut trees.
A nursery of peaches, cherries,
quinces and plums.
About 40 acres cleared land, etc."
The following item (Sept. 1775) is interesting in its
provision.
The Court binds William----
orphan son of William----, deceased, by
the consent of his mother, to Henry----
until he obtains the age of twenty one years, he being
twelve years old November twelfth next, to teach him the
trade of cart-wheelwright, and to find him in sufficient
meat, drink, washing, lodging and clothing and at the
expiration of his servitude to give him a suit of clothes of
broadcloth or drugget, white shirt, a pair of shoes and
stocking, a hat, a set of tools, a broad axe, a saw, a
drawing knife, and three augers, on 1/2 inch, one 1 inch and
the third 1 1/2 inches, two chisels, a gouge, a rule, a
scale, and a pair of compasses and gives bond with Thomas
Hardcastle and Henry Sharpe his
sureties, in the sum of forty pounds current money for due
performance.
At the December session of the Court an estimate of goods and
chattels of Alford, deceased, included
"One negro fellow named Peter aged
38 years, 48£; One negro woman named Phillis aged
44, 32£; One negro girl named Esther age
4, 20£.
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