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up on Forster Neck on the Gunpowder which seems to have been at least someone's choice
for the new county seat.27 But the act erecting this town was disallowed by Queen Anne, and
in any case, enthusiasm for it as a county town seems to have waned by the next year, if
indeed it had ever existed. In 1707, an act was passed providing that Forster Neck should
be deserted "And in lieu thereof, 50 Acres to be erected into a Town on a Tract of Land on
the same River, Belonging to Anne Felks, and called Taylor's Choice, and the Court-house to
be built there." 28 Queen Anne disallowed this act too, but it took some time before her royal
pleasure was known on the banks of the Gunpowder. It is certain the news had not reached
Annapolis by November 1709, for on that day a petition of some inhabitants of Baltimore
County for removal of the courthouse was read and debated. It was then "Carryed by
Majority of Votes that the Court House for that County continue where it is settled by
Law." 29 Ten days later a bill was introduced for building a courthouse in Baltimore County
which was summarily rejected because the "Supplementary Act for Towns [The Act then
being considered by Queen Anne and subsequently rejected] have sufficient provided already
to treat with Workmen and build the same." 30
The General Assembly was either of two minds at this point or it did not understand
exactly what it was doing. But on the Gunpowder the contest was being fought between rivals
who knew exactly what they were doing. The party in favor of moving was led by Colonel
James Maxwell who was a Justice of the Quorum, a member of the Legislative delegation, the
owner of the land on which it was proposed to build the new courthouse, and an aspirant—
successful as it turned out—to be the "undertaker" of the new building. On the other side
were those who had a vested interest in keeping the seat of judgment where it was and this
group was led by Richard Colegate.
The contest appeared in the records of the county for the first time at November Court
1709 when a levy of 40,000 pounds of tobacco was voted toward building the courthouse in
"The Towne of Joppa: vulgarly called Gunpowder Towne which Said Mr. Richard Colegate
wholy dissented to &c." 31 At March Court next a contract was entered into with Colonel
Maxwell to build the courthouse but the clerk was careful to say that this decision was made
by a majority vote:
The Majoroty of this Court now Setting doe agree with Coll. James Maxwell of
Baltimore County Gent, to build a Courthouse at the Towne of Joppa: Commonly
known by the name of Gunnpowder Towne on these Dimentions following and the
abovesaid Gent doth agree to give unto the said James Maxwell One hundred Twenty
five Thousand pounds of Tobaccoe for the performance & the Accomplishing the same
the Said James Maxwell doth bind himself and his heirs Exects &c in the Sume of
Two hundred and fifty Thousand pounds of Tobaccoe to perfect the same with all
Expedition And the above payment of One hundred Twenty five Thousand pounds of
Tobaccoe is to be paid unto the Said James Maxwell in three payments the last
collection to be made in the Yeare One Thousand Seaven hundred and Eleven and for
the Forty Thousand pounds of Tobaccoe allready leavied its ordered by the Court
here Setting that the Sherriff pay unto the abovesaid James Maxwell when he shall
require it towards the Carrying on the building abovesaid &c viz The Dementions of
the Courthouse are as follows—
Thirty five foot long from outside to outside Twenty four foot wide from outside
to outside Thirteen foot pitch and one foot on Each side overjetted the lower floore
laid with Bricks The Justices Seat to be four foot wide and four foot high with a
passage up to the said Seat on Each End a barr under the Judges Seat Eight foot
Square with one more round that fiveteen foot wide and Eleven and a halfe foot long
all the barrs and Seat of Justice to be with railes & Bannisters with a Gallery on
Each side Six foot and Halfe high fiveteen foot long and four foot wide to be with
railes and Bannisters Assending by plank Steps with Two windows at the End Six
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27 Ch. 14, Acts of 1706.
28 Ch. 16, Acts of 1707.
29 Arch, of Md., XXVII, 421.
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30Ibid., p. 456.
31 Liber I. S. No. B., 1708-1715, Part I, f. 71, Ms.
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