Maryland 1818

westminster-law-small.jpg

This was a different state in 1818.  For one thing, a law was passed REPEALING an earlier law that prevented swine from wandering through Salsibury.  Another thing of note: there was no Carroll county.   It had not yet been carved out of Baltimore and Frederick counties.  So, when the town of Westminster was incorporated by chapter 128 of the acts of 1818, it was incorporated into Frederick county.  

Why is this relevant?  Well you may remember from Tuesday’s post that there is a good deal of controversy over the date when Westminster was truely incorporated.   Someone even went so far as to paint the date 1838 on a wall to further their point.    However, there was much doubt in the air.  While the town’s charter references the 1838 date, the state archives’ website clearly claims that the town was incorporated in 1818.  Fortunately that site offered a reference: The 1818 acts of Maryland, chapter 128.  That is what you see before you.

It was not easy to find.  After many online sources were exhausted, I had begun to believe that someone was really trying to cover up the 1818 acts.   This didn’t totally deter the MDP legal staff. (consiting largely of MDP contributing esquire, Gump who bravely brought me to the one circuit court within close distance that had a legal library open late enough to allow visits after work, and Jess whose comments and research started this journey)   Thanks to a trip to the Baltimore County Law Library, we have this copy of the 1818 acts, which shows that Westminster was incorporated under the acts of 1818, which were actually passed in 1819.   There are no cameras allowed in the library, so for today we have a Maryland Daily Photocopy.

So why does the mural say 1838?  We know that the town would later become a city, but that was not until well after 1838.   We also know that the town charter is from 1838, but does that mean you can ignore the 1818 acts?  Does it mean that a town isn’t really incorporated until it has a charter?  I don’t know.     I’ve enjoyed this journey, but I don’t know where to turn next.  

3 responses so far ↓

  • 1 Jess // Apr 16, 2009 at 8:18 AM

    I just found the 1838 acts online! The link is here:

    http://tinyurl.com/cjfjlv

    Here’s what they say, in part:

    “An act to incorporate the Town of Westminster, in Carroll Comity. (sic)

    Town named.

    SECTION 1. Be it enacted by the General Assembly of Maryland, That the adjoining Towns, now called and known by the names of Westminster, New London, Winter’s addition, and New Elenburgh, together with Pigman’s addition, and all that space lying between Winter’s addition and Pigman’s addition, shall forever, hereafter, be called and known by the name of Westminster.”

    So it grew, and changed counties, which I guess is enough to reincorporate it. So I guess the 1818 and 1838 founding dates are both valid. Interesting.

  • 2 Gump // Apr 16, 2009 at 1:11 PM

    Well researched Jess. Looks like we’ve gotten to the bottom of it.

  • 3 shelly // Apr 16, 2009 at 1:22 PM

    westminster is a shady mistress.

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