Emmitsburg:
The Municipal Corporation
Joseph
S. Welty
Part 1 of 3
The formation of a town
where our community now lies was the handiwork of a
gentleman named Samuel Emmit. On March 5, 1785
Samuel Emmit entered into a letter of Agreement with the
future purchasers of the lots in Emmitsburg. On August 12, 1785,
Samuel deeded his son William
35 acres upon which
the lots of a new town called Emmitsburg were laid out
provided "William Emmit shall perform the part which the
said Samuel Emmit was to perform according to the
Articles of Agreement"
Anyone who would wish to
further examine this indenture conveying 35 acres of
original Emmitsburg will find the same recorded among
the land records of Frederick County Maryland at
Liber
WR-6 Filo 82-83.
The ides of Emmit in
laying out his town must have soon outgrown the land originally set
aside for this purpose. This is confirmed by a
subsequent deed of
confirmation from Samuel Emmit to his son William dated
the 20th day of May, 1786, contains the following
language:
"And whereas since the Execution of the
said Indenture [referring to the original thirty-five
acre conveyance] or deed the said parties to these
presents have discovered that there is not fully that
quantity of land contained within the courses therein
mentioned, which they now find should be requisite for
the intended uses and the said piece of land not
Beginning at the most convenient place."
The language may indicate that
there was surveyor error involved in the first
conveyance, but it also indicates a definite desire to
expand the town boundaries. The next part of Carrolsburg
conveyed by Samuel Emmit, which later became a part of
the developing town, was conveyed by Mr. Emmit to
William Shields "for and in consideration of the
sum of one hundred and ten pounds of late Continental
money paid before the delivery of these presents, the
same having been equal to twenty two pounds of so much
of good Currency." This tract of land encompasses
what is now a large portion of the "west end"
of Emmitsburg.
In my short career I have had an
opportunity to search titles from time to time in
Frederick County, and during this time I have often run
into lots in the west end of Emmitsburg which have been
described as being part of "Shields Addition to
Emmitsburg." The original conveyance to Shields
involved a transfer of one hundred and six acres of
land, more or less, and was dated September 29, 1787.
While looking for the above
conveyances, I postulated that lots for a town are laid
off, or at least should be, with major and minor streets
and alleys providing access to each of the lots. There
should be a conveyance from the original owner of the
land which provides the purchaser of a lot with such
access, either in each deed individually or to all
owners collectively. Sure enough, such a deed does
exist, dated October 17, 1808, and provides as follows:
"Whereas the said William
Emmit in laying of the lots in Emmitsburg did lay off a
number of streets and alleys in convenient places for
the use benefit and advantage of the holders of lots and
others to be used as lanes streets and highways free for
all and every person to pass and escape as might be
necessary and whereas there has not been heretofore any
deed or conveyance made by the said Emmit to secure the
uses of the said streets and alleys for the purposes
aforesaid the said William Emmit granted bargained and
sold any by these presents doth clearly and absolutely
grant bargain and sell unto the said Lewis Motter, Samuel
Noble and Frederick Gelwicks as trustees in behalf of
holders of lots in the said Town of Emmitsburg and their
successors to be chosen by the Freeholders of said town
on the first Monday in September yearly and every year
forever all and singular the said streets and alleys now
in use and which were laid off and may appear by a plat
of said town except a piece of an alley extending
through between the back of lots of John Armstrong and
leading across the end of five front lots lately
purchased by Michael Sponcellar leading directly through
to the land of said Sponcellar and which will be of no
public use and excepting and reserving to Lewis Motter
his heirs and assigns the use privilege and advantage of
a spring of water which rises in one of the alleys to
the North of his the said Motter's Tan House provided
that him nor them shall not obstruct the said alley so
that it cannot be passed or used for the purposes
aforesaid."
At the bottom of the indenture
is the following note: "Annexed to the foregoing
was the following plat … " Unfortunately, the plat
cited is not reproduced in the Land Records and the
original indenture and plat are no longer in the Court
House.
The town, from at least a
physical standpoint, was now complete in the sense that
the lots had been laid off and the streets and alleys
had been for the most part secured for public use. Yet,
from a legal standpoint, a municipal corporation,
capable of at least a certain amount of local
self-government under the auspices of state law, would
not exist for several years. In the meantime, if the
citizens of Emmitsburg wished to have local laws passed,
they had to go to a higher authority to obtain them.
On January 8, 1803, the General
Assembly of the Maryland passed a law regulating the
running at large of hogs in the Town of Emmitsburg. The
sanctions set up in this law for violation are rather
different from our present day legal system. If a hog
was found running at large, it was legal for anyone to
kill it on the spot or to impound it. If impounded,
notice was to be given by advertisements set up in
public places describing the impounded hog. The owner
had five days to prove ownership and make compensation
for injury sustained by any inhabitant of the town, and
to pay the sum of two shillings for each hog for every
day impounded.
The matter of the amount of
damage sustained was not to be determined by a court of
law, which would certainly be the case today, but rather
was to be determined by any two disinterested persons
living in the area. If the owner did not comply with the
judgment, the hog became the property of the impounder.
In addition, the impounder could obtain protection from
suit by the owner in civil court by simply pleading the
general issue and setting up the act as a defense. The
very next law passed by the General Assembly of the
Maryland for Emmitsburg was passed December 31, 1803,
and again dealt with swine running at large in the town
and in Shields Addition to the town.
The prior law may have proved
somewhat harsh, as it was repealed and some protection
for the owner was built into the new law. Now an
offending hog could only be seized by a constable, and
the costs of seizure and impoundment were to be covered
before a justice of the peace with a $75 fine. The swine
was sold after advertisement and the proceeds applied to
the costs imposed by the justice of the peace. Any
surplus was divided equally between the constable and
the public street improvement, somewhat more in line
with principles of justice as we know them today.
On December 24, 1808, the
General Assembly passed Chapter 102 of the 1808 Session
which authorized "a lottery to erect suitable
buildings for a School House for the accommodation of
the Youth of Emmitsburg, and its vicinity in Frederick
County." Prominent local citizens Phillip Nunamaker,
Lewis Motter, Lewis Weaver, James Hughes, William Emmit,
Henry Williams, and John Haston were given permission
"to propose a scheme of a lottery for raising a sum
not exceeding twelve hundred dollars provided they
before the sale of any ticket give their bond
conditioned that they will apply the money within twelve
months after completion of the drawing of said lottery,
as will satisfy the fortunate adventurers for prizes
drawn by them and after deducting necessary expenses
within eighteen months after the lottery is drawn, apply
the money raised for a schoolhouse in or near the town
of Emmitsburg."
A bond was set in the amount of
two thousand dollars, which was to be recorded in the
Clerk's Office of the Frederick County Court. This bond
provided protection for the subscribers and assurances
that the lottery would be conducted exactly in
accordance with the terms of the law. I have not been
able to determine whether or not this lottery was ever
carried out, but this law helps establish that the
settlers of the area, especially the Emmits, were
educated men who often demonstrated imagination and
foresight.
With Chapter 87 of the 1814
Session, the General Assembly of the Maryland passed an
act "to incorporate a Company to make a Turnpike
Road from the Turnpike leading from Westminster through
Harmon's Gap to Hagerstown, to Emmitsburg in Frederick
County." The project was very large in scope for
the time period. The act authorized subscription books
to be opened up for a capital stock of thirty thousand
dollars, twenty thousand of which was directed to be
sold in Emmitsburg through the efforts of commissioners
of sale, who included William Emmit, Robert L. Annan,
George M. Eichelberger, Jacob Troxell, and George
Troxell.
The next step towards the
development of a thriving community taken by the General
Assembly on behalf of Emmitsburg citizens was the
introduction of a water supply into town. A company
which was to provide this service was incorporated under
an act known as Chapter 90 of the 1815 Session of the
General Assembly of Maryland. The act was entitled
"An act for introducing a supply of Water into the
Town of Emmitsburg." The corporation was to be
called "The President and Directors of the
Emmitsburg Water Company" and the company was
authorized to issue up to ten thousand dollars worth of
stock in twenty dollar denominations. This act ended
with the proviso that "if the said corporation
shall not carry into effect the intentions of this act
within five years from the passage thereof, in that case
all the powers vested in them shall cease and
determine."
However, the record indicates
that the corporation was unsuccessful in this venture. A
second attempt was made in 1823 through the passage of
Chapter 168 of the 1822 Session of the General Assembly.
The act was entitled "an act incorporating a
company to introduce a copious supply of water into the
town of Emmitsburg, in Frederick County." From the
appearance of this new act it can only be assumed that
the old company went bankrupt or that it was never able
to get off the ground, and the five year proviso of the
first act nullified its authorization. The financial
goals for establishment of the company were set for a
capitalization of between $3,500 and $4,000. Again,
subsequent legislation seems to indicate that the
establishment of a water company did not meet with great
success.
On March 2, 1827, Chapter 147 of
the 1826 Session of the General Assembly was passed and
is entitled "An Act Supplementary to an act
incorporating a Company to introduce a copious supply of
Water into the Town of Emmitsburg, in Frederick
County." From the reading of the law, it could be
inferred that the corporation established in 1822 was
somewhat successful but had not issued all of its stock
and had not collected fully for stock sold. Three
individuals were set up as commissioners of sale to
finish the uncompleted task of organizing the company.
They appear to have been successful in their efforts,
since there is no subsequent act incorporating another
water company. Further legislation many years later
names the
Emmitsburg Water Company.
The Emmitsburg Water Company was
given wide protection under Chapter 28 of the 1884
Session of the General Assembly. This law was made it a
criminal offense to, among other things, "hinder
the flow of water of any of the supply springs, streams
or pipes of the Company, defile the water of any said
supply sources, commit any action affecting the purity
or cleanliness of said water, open any of the stops and
valves of the company or tap any of its pipes without
permission." Further, the company was given direct
access to the courts for injunctive relief to restrain
commission of any of these evils "no matter by whom
or under what authority committed."
Several days later Chapter 92 of
the 1884 Session of the General Assembly enacted a law
"to authorize and empower the burgess and
commissioners of Emmitsburg to make a contract with
'Emmitsburg Water Company in Frederick County' a joint
stock water company, for the supply of water to said
town, and erection of fire plugs or hydrants, and to
levy taxes to pay said company according to the terms of
said contract, and to provide for the submission of this
act to the qualified voters of the town of
Emmitsburg." The town minutes do not indicate the
result of this referendum, or even whether or not it was
held. On July 12, 1883, the Burgess was authorized to
grant a right of way to the Emmitsburg Water Company to
lay its pipes within the limits of the Corporation. At
the same time, the Commissioners voiced a need for
fifteen fire hydrants in the town.
On July 15, 1884, Chapter 92,
Ordinance No. 54 was passed which, according to the town
minutes, provided for a referendum "to take the
Sense of the people in regard to water works for the
town." Again, there is no indication whether or not
this referendum was held, and no results are recorded.
However, the town minutes indicate that on September 8,
1884, it was resolved that the town enter into a
five-year contract with the Emmitsburg Water Company to
supply water for the fire plugs. The price of this
service was to be the sum of $.09 for every one hundred
dollars of assessable property within town limits. There
was to be no extra charge for supplying water for the
use of the fountain to be erected in the square.
Permission was granted by the Commissioners at their
meeting of September 18, 1884, to the president of the
Fountain Association to erect a fountain in the public
square. On September 25, 1884, the Commissioners passed
Ordinance No. 55 relating to the contract with
Emmitsburg Water Company.
The Town of Emmitsburg was not
incorporated and did not have any legal power for
self-government until January 13, 1825, when Chapter 29
of the December Session of 1824 of the General Assembly
was passed. Section 1 of the act provides as follows:
"Be it enacted by the
General Assembly of Maryland, that the town of
Emmitsburg and Shields Addition to Emmitsburg, shall be,
and is hereby constituted an incorporate town; and the
inhabitants thereof, constituted a body politic and
incorporate, by the name of the Burgess Commissioners of
Emmitsburg, and as such shall have perpetual succession,
and by their corporate name, may sue and be sued,
implead and be impleaded."
Section 3 of this act provides
for the election of a burgess and six commissioners for
the town. Qualified candidates had to be inhabitants in
the town, at least twenty-five years of age, and holders
of real property. The first election was to be held on
the first Monday in April in 1825 and on the same day
annually in perpetuity. In order to vote, a citizen had
to be a free white male citizen of twenty-one years of
age or more, and had to reside in town for six months
prior to election day.
Section 4 of this act enumerates
the powers granted to the commissioners. The
commissioners were to have full power and authority
"to enact and pass all laws and ordinances to
preserve the health of the town; prevent and remove
nuisances; to regulate fire companies; to impose and
appropriate fines, penalties and forfeitures, for the
breach of their by-laws or ordinances; to lay and
collect taxes for opening and extending the back and
necessary cross alleys of the said town; provided that
the said taxes shall not exceed twenty cents on every
one hundred dollars worth of taxable property in any one
year, which they may collect as county taxes are
collected, by such persons as the burgess may see fit to
appoint. All ordinances and by-laws to be signed by the
burgess."
The commissioners were given the
power to appoint their own clerk, assign him duties, and
pay him a salary. All ordinances were to be entered by
the clerk in a book kept for that purpose which was to
be open for public inspection. Copies of the ordinances
were to be displayed in the most public places of town.
Fines under the ordinances, which could not exceed ten
dollars for any offense, were recovered before the
burgess, in much the same manner as small debts were
recovered before a justice of the peace at that time.
The commissioners were required to meet at least three
times a year, with a quorum requiring four
commissioners.
However, it appears that no
election was held as required by the act, because
Chapter 30 of the December Session of 1825 of the
General Assembly was enacted to give the inhabitants of
Emmitsburg another opportunity to hold a municipal
election on the first Monday of April, 1826. The
inhabitants did not pass up their chance this time.
Chapter 95 of the 1826 Session of the General Assembly
confirmed and validated the election held, and in
addition validated and legalized all actions taken by
the burgess and commissioners.
Read
Part 2,
3
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