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GRAND JURY RECORDS IN THE 19TH CENTURY: FREDERICK
COUNTY
by Pat Melville
Grand jury functions and activities in Anne Arundel
County in the 20th century were described at length in a
series of Bulldog articles, begun in 1996. For a
general introduction to grand juries in Maryland,
see
Grand Jury System
in Vol. 10, No. 3.
For only four counties does the Archives have grand jury
papers and reports prior to 1900. The earliest records
come from Frederick County and are found in (Grand Jury
Papers) 1784-1847 in series C792 and 1854-1896 in series
C793. The collection includes documents filed with the
grand juries and orders and reports generated by the
jurors.
Grand juries in Maryland were charged with looking at
violations of licensing laws and making recommendations to
the court clerk about individuals who should be forbidden
from holding or renewing licenses. To assist the jurors
the court clerk prepared lists of licenses by type. These
lists make up the majority of the records found in C792,
and take on added significance for Frederick County since
license records prior to 1844 are not extant. The records
include the names of the licensees, dates, and sometimes
location and encompass the following: ordinaries for
1784-1846, retail liquors for 1799-1827, ferries for
1805-1827, billiard tables for 1805-1846, horse races for
1817-1838, merchants and traders for 1817-1844, hawkers
and peddlers for 1823-1846, lottery agents for 1827,
victuallers for 1836, stallions and jackasses for
1844-1846, brokers for 1844-1846, and public exhibitions
for 1844-1846.
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An 1859 list shows the names of merchants, election
districts, and merchandise values.
Related documents consist of a list of taverns prepared
by the sheriff in 1837 and lists of persons who should
be denied licenses for 1844, 1847, and 1866. In 1798 the
Frederick County grand jury prepared a report on the
proliferation of unregulated and unlicensed
taverns where gambling and cock fighting took place and
young men were allowed to congregate. The suggested
remedy was a call for law abiding citizens to present
their complaints before the grand jury. The 1895 report
noted a high number of traders failing to take out
licenses. In "the more glaring instances Indictments
have been found. The other cases we thought best to
ignore, as many, doubtless, are the result of
inadvertances."
Other documents filed with the jurors included a list
of public roads and overseers appointed by the court in
1784, lists of constables for 1817-1846, and lists of
people in jail awaiting trial for 1798, 1835-1838, 1854,
and 1875-1877. Overseers not keeping assigned roads
repaired were subject to fines. The grand jury could
report constables not fulfilling their police powers to
the county judges. The lists of inmates may have stemmed
from the role of the grand jury in considering criminal
charges or in inspecting the jail.
The main function of the grand jury flowed from its
authority to pursue wrong doing, whether by licensees or
murderers, and, and where appropriate, forward
indictments to the court. Upon dismissing charges
against an individual already incarcerated, the jury
issued an order for release from jail.
(continued on page 2)
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