Forgotten Founders — Episode 06 · Season 5

Charles Carroll
of Carrollton

The Only Catholic Signer.
Legally Barred from Public Office.
He Signed Anyway.

Maryland was founded as a Catholic refuge. Then the law spent seventy years dismantling that refuge. By 1776, Charles Carroll of Carrollton could not vote, could not hold office, could not practice law — because he was Catholic. He signed the Declaration of Independence on August 2, 1776. He was the wealthiest man in the colonies. He had the most to lose.

Lived

1737–1832 · Age 95

State

Maryland

Primary Sources

7 confirmed

Archives

Yale Avalon · Founders Online · Maryland State Archives

Carroll added the words "of Carrollton" to his signature — his estate, his address, his full identity — so that no one could claim they did not know which Charles Carroll had signed. He made himself unmistakably identifiable. The law he lived under had spent seventy years trying to make people like him invisible.

01
1634–1776
What the Law Did to Catholics in Maryland

Maryland was founded in 1634 as a refuge for English Catholics. The Calvert family — Catholic proprietors — established it under a charter from Charles I. In 1649, the Maryland Assembly passed the Act Concerning Religion — the first law in North America to guarantee religious tolerance for Christians and the first public document in America to use the phrase "free exercise" of religion. Catholics and Protestants worshipped openly alongside each other in the colony's early decades.

Then the political ground shifted. The Glorious Revolution of 1688 removed the Catholic King James II and installed the Protestant William and Mary. Within two years, Maryland was seized from the Calverts and made a royal colony. In 1692, Anglicanism was established as the official religion — funded by colonial taxes that Catholics were required to pay. The legal dismantling of Catholic civil life in Maryland followed in stages.

The Legislative Arc — Maryland · 1649–1776
From refuge to legal exclusion — and back
1649
Act Concerning Religion — Maryland Toleration Act
First law in North America guaranteeing religious tolerance for Christians. First use of "free exercise" of religion in any American law. Catholics and Protestants worshipped openly alongside each other.
1689
Glorious Revolution — Maryland seized from the Calverts
Protestant Association rebels overthrow the Catholic proprietary government. Maryland becomes a royal colony. The Toleration Act is suspended.
1692
Anglicanism established as official religion
Church of England decreed the established church of Maryland. All colonists — including Catholics — required to pay taxes to support it. Catholics barred from civil and military offices.
1704
Act to Prevent the Growth of Popery
Priests forbidden from saying Mass publicly, converting Protestants, or baptizing children of Protestant parents. Catholics permitted to worship only in private homes. Catholics prohibited from practicing law or teaching.
1716
Test Act — Oath Against Transubstantiation Required
Anyone wishing to hold public office must publicly renounce the Catholic doctrine of transubstantiation. For a practicing Catholic, this oath was impossible to take in good conscience. Office was closed to them by design.
1776
Maryland Constitution — Religious Liberty Clause
Article XXXIII: "all persons, professing the Christian religion, are equally entitled to protection in their religious liberty." Carroll helped draft this provision — ending 72 years of Catholic exclusion under Maryland law.

This is the legal world Charles Carroll of Carrollton was born into in 1737. His family was wealthy — among the wealthiest in the colonies — but wealth could not purchase the civil rights that Protestant neighbors held automatically. His father sent him to Europe for his education: first to Jesuit colleges in French Flanders, then to the College Louis-le-Grand in Paris, then to study law at the Middle Temple in London. He spent seventeen years abroad. When he returned to Maryland in 1764, he could not practice the law he had studied. He could not vote. He could not hold office. The law he had come home to was the law that had been built specifically to exclude him.

02
February–July 1773
The First Citizen — Arguing for Rights He Didn't Have

In 1773 the Maryland governor issued a proclamation fixing the fees that public officials could charge — doing so without the consent of the Maryland Assembly. It was, in miniature, exactly the argument the colonies were having with Parliament: taxation and fee-setting without consent. A high-ranking Maryland official named Daniel Dulany defended the governor's action in a series of articles in the Maryland Gazette. Someone needed to respond.

Carroll wrote a response under the pseudonym "First Citizen." He could not write under his own name — a Catholic arguing in public for the rights of Maryland's people was a political provocation on two fronts simultaneously. Dulany challenged him on both. The argument went back and forth in the Gazette through the spring and summer of 1773. When Dulany's arguments faltered, he attacked Carroll's standing as a Catholic to participate in public affairs at all. Carroll's response was to keep arguing, on the merits, and win.

"

In a land of freedom, this arbitrary exertion of prerogative will not, must not, be endured.

Charles Carroll of Carrollton · Writing as "First Citizen" · Maryland Gazette · 1773 First Citizen Correspondence · Internet Archive →

Carroll won the public argument. He could not vote in the election that followed — but the anti-proprietary candidates he had supported swept Maryland. His identity as "First Citizen" became known. He was appointed to the Annapolis Committee of Correspondence and the Maryland Council of Safety. A Catholic who could not legally hold public office was being given public responsibilities because his community trusted him. The law and the practice had diverged.

03
February–May 1776
Congress Uses His Religion as a Diplomatic Tool

In February 1776, the Continental Congress sent a delegation to Canada. The mission: persuade French Canadian Catholics — an estimated 150,000 people, vastly outnumbering the Protestant population of the former French colony — to join the Revolutionary cause or at least remain neutral. Congress chose Charles Carroll for this mission specifically because he was Catholic, spoke French, and was known to the Catholic community. His cousin Father John Carroll, a Jesuit priest, accompanied the delegation.

The Irony the Primary Record Documents

In February 1776, the Continental Congress selected Charles Carroll for a diplomatic mission because of his Catholic faith. In Maryland, that same Catholic faith legally barred him from holding any public office. Congress found his religion useful abroad while the law he was working to change made him a second-class subject at home. Both facts are documented in the primary record.

There was a second complication. The First Continental Congress in 1774 had explicitly complained about the Quebec Act — Parliament's extension of religious tolerance to French Canadian Catholics — as an act of tyranny. The Declaration and Resolves of October 1774, at Yale Avalon, names it directly among Parliament's grievances. The colonies had protested Catholic religious tolerance in Canada as dangerous. Now they were sending a Catholic to appeal to those same Canadian Catholics for support. The mission failed. French Canadian Catholics were not persuaded. Carroll and the delegation returned empty-handed.

"

Also the act passed in the same session for establishing the Roman Catholic religion, in the province of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there, to the great danger, from so total a dissimilarity of religion, law, and government, of the neighbouring British colonies.

Declaration and Resolves · First Continental Congress · October 14, 1774 · On the Quebec Act Yale Avalon →
04
August 2, 1776
He Signs — "Of Carrollton"

Carroll was elected to the Continental Congress on July 4, 1776 — the same day the Declaration was adopted. He took his seat on July 18. On August 2, when the engrossed parchment copy was presented for signature, he signed. He was not present for the July 4 vote — he signed when the formal signing took place, as most delegates did.

He added "of Carrollton" to his signature. There were other men named Charles Carroll in Maryland — his father, for instance. By adding his estate's name and location, he made his identity unambiguous. He was the wealthiest man in the colonies — his fortune estimated at £200,000. He had more property to confiscate, more wealth to lose, more material stake in the outcome than almost any other signer. He later wrote that he had signed "most willingly," that it was his long-held intention "to defend the liberties of my country, or die with them."

"

CHARLES CARROLL of Carrollton.

Declaration of Independence · Maryland Delegation · Signed August 2, 1776 Yale Avalon →
05
November 1776
What He Built — The Maryland Constitution

Carroll served simultaneously on the Maryland constitutional convention in 1776 — drafting the framework of government for the state whose laws had excluded him for his entire adult life. The Maryland Constitution of 1776, adopted November 11, contains Article XXXIII of the Declaration of Rights: "all persons, professing the Christian religion, are equally entitled to protection in their religious liberty." The full text is at Yale Avalon.

This provision ended seventy-two years of formal Catholic exclusion from Maryland civil life. It did not create complete equality — Jews and non-Christians remained excluded from the guarantee. But for the Catholic community Carroll had grown up in, it was the legal reversal of everything the 1704 and 1716 acts had imposed. He had argued for it as "First Citizen" when he had no standing to argue. He had helped draft it when he finally had a seat at the table.

06
What the Record Also Shows
Doughoregan Manor — and the Last Signer

Charles Carroll of Carrollton held enslaved people throughout his life at Doughoregan Manor in Howard County, Maryland. The Maryland State Archives updated its biographical entry on Carroll to address what it described as "a major gap in the Archives's original entry" — explicitly documenting his enslavement of persons. The wealthiest man in colonial America built that wealth on the labor of enslaved people. Both facts — the religious persecution he overcame, and the enslaved labor that funded his wealth and his activism — are in the primary record.

Source note: The Maryland State Archives biography of Carroll — updated to document his enslaving of persons — is at msa.maryland.gov/megafile/msa/speccol/sc3500/sc3520/000200/000209/html/209extbio.html. The Archives note: "researchers at the Maryland State Archives addressed a major gap in the Archives's original entry in A Biographical Dictionary of the Maryland Legislature, 1635-1789: Charles Carroll of Carrollton's enslaving."

Carroll went on to serve as one of Maryland's first two United States Senators after ratification. He retired from public life in 1800 after twenty-three years in the Maryland Senate. John Adams died July 4, 1826. Thomas Jefferson died July 4, 1826. When they died — both of them on the fiftieth anniversary of the Declaration — Charles Carroll of Carrollton became the last surviving signer. He lived another six years, dying November 14, 1832, at age ninety-five.

He had signed a document declaring that all men are created equal. He had done so while holding people in bondage. He had done so as a man the law had spent his entire life treating as less than equal. The archive holds all of it.

✦ WHAT THE RECORD SHOWS ✦
Forgotten Founders Series
The Gap Between the Law and the Archive

Maryland was founded by Catholics as a refuge for Catholics. The law spent seventy years dismantling that refuge. Carroll argued for colonial rights in 1773 as a man who had none. Congress used his religion as a diplomatic asset in 1776 while the law denied him office because of it. He signed the Declaration as the wealthiest man in the colonies. He helped draft the Maryland Constitution's religious liberty clause that ended the exclusion he had lived under. He held enslaved people throughout.

He was the only Catholic signer. He was the last surviving signer. He lived ninety-five years and watched the country he helped found become something the law of his youth had said people like him could not be trusted to help build. The primary sources document what he did and what was done to people like him. Every source is linked below. The archive is open.

✦ Primary Sources ✦
Go Deeper — Primary Sources
7 confirmed sources · All URLs live · All at institutional archives
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Maryland State Archives
Act to Prevent the Growth of Popery · September 1704 · Maryland General Assembly · Full text · Proceedings and Acts Vol. 26
msa.maryland.gov
Maryland State Archives
Maryland State Archives — Official state government repository · Maryland colonial laws and proceedings · General Assembly records 1634–present
msa.maryland.gov
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