Forgotten Founders · Maryland · Declaration of Independence

Thomas
Stone

Sent to Congress With Orders Not to Vote for Independence.
He Voted Yes Anyway.
Then He Quietly Disappeared.

Maryland gave Thomas Stone explicit instructions: do not vote for independence without the colony's prior approval. He spent months hoping for reconciliation. When Maryland lifted the restriction in June 1776, he voted yes. He signed the Declaration on August 2, 1776, and wrote one of the more striking statements any signer left behind. Then he walked away from public life to care for his wife, declined the Constitutional Convention, and died four months after she did. The primary record is thin. What it shows is not.

Lived

1743–1787 · Age 44

State

Maryland

Primary Sources

6 confirmed

Archives

Founders Online · NPS · LOC · Yale Avalon

Historians have called Stone "The Elusive Maryland Signer." He spoke rarely in Congress. His letters are sparse. He left no memoir, no autobiography, no collected papers to match the men he sat beside. What the record holds is fragments. The fragments are enough.

01
1743–1775
The Lawyer From Charles County

Thomas Stone was born in 1743 at Poynton Manor in Charles County, Maryland, the second son of David and Elizabeth Jenifer Stone. His thirst for learning was visible early: he rode more than ten miles to school each day and back again, studying Greek and Latin under a Scottish schoolmaster. In the early 1760s he read law at the office of Thomas Johnson in Annapolis, was admitted to the bar in 1764, and opened a practice in Frederick, Maryland. In 1768 he married Margaret Brown.

By 1773 he had moved his practice to Charles County and joined the Charles County Committee of Correspondence, the network through which colonial grievances circulated across colony lines. He was a member of Maryland's Annapolis Convention from 1774 to 1776. His neighbors considered him cautious and deliberate, a fine advocate who was more comfortable with argument than spectacle. In 1775, the Convention sent him to the Second Continental Congress in Philadelphia.

His instructions were explicit. The Maryland Convention told its delegates they were not to "without the previous knowledge and approbation of the Convention of the Province, assent to any proposition to declare these Colonies independent of the Crown of Great Britain." Stone went to Congress bound by those instructions. He personally hoped reconciliation was still possible. On July 8, 1775, he signed the Olive Branch Petition, the Congress's last formal appeal to King George III. The King refused to read it and declared the colonies in rebellion.

02
January–July 1776
Bound by Instructions, Then Released

By early 1776, Stone could see what was coming. He wrote of his position in a letter that has been widely quoted: he wanted peace on terms of security and justice, but war, anything, was preferable to a surrender of rights. In a second letter he observed that the connection with Britain was severed, that the path back was closed. He had not wanted this. He had tried the other path. The petition had been refused. The war had come.

"

You know my heart wishes for peace upon terms of security and justice to America. But war, anything, is preferable to a surrender of our rights.

Thomas Stone · 1776 · Cited in NPS Thomas Stone Biographical Record NPS Thomas Stone →

In January 1776, Maryland had tightened its instructions further, explicitly forbidding its delegates from supporting independence without prior approval. Stone was bound. On May 15, 1776, he voted in favor of drafting a declaration of independence, acting ahead of Maryland's formal authorization, the distinction between drafting a document and authorizing independence allowing him that step. Then in June 1776 the Maryland Convention lifted the restriction entirely. Its delegates were free to vote as they judged best.

The Maryland Restriction, Primary Record

The Maryland Convention's instructions to its delegates are documented in the Journals of the Continental Congress and the Maryland colonial records. The Convention explicitly prohibited its delegates from voting for independence without prior approval, a restriction that placed Stone in a legally and politically constrained position throughout the spring of 1776. The Journals of the Continental Congress record its lifting in June 1776.

On July 2, 1776, Richard Henry Lee's resolution for independence came to a vote. Thomas Stone voted yes. He was the youngest member of the Maryland delegation. He had spent months legally prohibited from casting that vote. On August 2, 1776, the engrossed parchment was brought out. Stone signed.

03
July 12, 1776
What He Wrote Afterward

Ten days after the vote, Stone wrote to the Maryland Council of Safety. The letter is the most quoted thing he ever wrote, and one of the more striking statements left by any signer. The man who had spent months hoping for reconciliation, who had been legally barred from voting for independence until weeks before the vote, wrote this:

"

May God send Victory to the Arm lifted in Support of righteousness, Virtue and Freedom, and crush even to destruction the power which wantonly would trample on the rights of mankind.

Thomas Stone to the Maryland Council of Safety · July 12, 1776 Widely attributed. Original in Maryland Council of Safety records. Cited across NPS, Constitutional Center, and Letters of Delegates to Congress (LOC).

Stone remained in Congress through the end of the 1776 session. He was assigned to the committee that drafted the Articles of Confederation, the first framework of national government for the United States. He was, despite his reputation for reticence, doing the work.

04
1776–1787
Margaret, and the Withdrawal

Margaret Stone visited her husband in Philadelphia while Congress was in session. Philadelphia in 1776 was in the midst of a smallpox epidemic. Margaret was inoculated. Her reaction to the inoculation was severe and permanent. Her health declined from that point and continued declining for the rest of her life.

Stone declined reappointment to Congress in 1777 and accepted a seat in the Maryland Senate instead, which met closer to home. He served in the Senate from 1779 to 1787. He continued his law practice in Annapolis in the 1780s, where his colleagues held him in high regard as an advocate. A fellow member of the Maryland Senate later described him as mild and courteous in manner, fond of society and conversation, and universally a favorite from his good humor and intelligence, though by nature of an irritable temper.

In 1783 he was elected again to the Continental Congress. He took his seat on March 26, 1784, and served briefly as its chairman near the end of the session. In 1785 he worked closely with George Washington to advance the Potowmack Company bill through the Maryland Senate, a venture Washington considered important. Stone wrote to Washington on January 30, 1787, enclosing documents from the Maryland Senate's debate over a paper money bill.

"

The illness of a wife I esteem most dearly preys most severely on my Spirits.

Thomas Stone · On Margaret's declining health · Cited in Stone biographical record Stone to Washington, Jan 30 1787 · Founders Online →
05
1787
The Convention He Did Not Attend

In 1787 Maryland appointed Thomas Stone as one of its delegates to the Constitutional Convention in Philadelphia. He declined. Margaret was dying. He would not leave her.

The Convention proceeded without him. It opened May 25, 1787. It closed September 17, 1787. The Constitution that emerged from it was signed by thirty-nine delegates. Thomas Stone's name is not among them. He was not there. The man who had voted for independence in 1776, who had helped draft the Articles of Confederation, who had spent a decade in the Maryland Senate advancing the national cause, chose his wife over the room.

A Note on Sourcing

Stone declined his appointment to the Constitutional Convention due to Margaret's failing health. This is documented in the Congressional Biographical Directory (history.house.gov) and the NPS Thomas Stone National Historic Site record (nps.gov/people/thomas-stone). The primary correspondence documenting his withdrawal has not been located at a confirmed institutional archive URL. The fact of his non-attendance is established and uncontested.

Margaret Stone died in June 1787. She was thirty-six years old. Stone never recovered. His own health, which had never been strong, collapsed rapidly. He died on October 5, 1787, in Alexandria, Virginia, four months after his wife. He was forty-four. He is buried with Margaret at Habre de Venture, his estate in Port Tobacco, Charles County, Maryland, now the Thomas Stone National Historic Site.

Thomas Stone · A Record of Service
What the primary sources document
July 8, 1775
Signs the Olive Branch Petition
Congress's final appeal to King George III. Stone among the signatories. The King refused to read it and declared the colonies in rebellion. LOC.
Jan 16, 1776
Stone to Washington, Maryland military matters
Stone writes to Washington on militia deployment and the eastern shore. Confirms his active engagement with the military committee of the Maryland Convention. Founders Online.
July 2, 1776
Votes for independence
After Maryland lifts its restriction in June 1776, Stone votes yes on Lee's resolution. The youngest Maryland delegate in the vote. Journals of the Continental Congress, LOC.
Aug 2, 1776
Signs the Declaration of Independence
Stone signs with the Maryland delegation. National Archives. archives.gov/founding-docs/declaration.
July 12, 1776
Letter to Maryland Council of Safety
"May God send Victory to the Arm lifted in Support of righteousness, Virtue and Freedom." Maryland Council of Safety records. Cited in Letters of Delegates to Congress (LOC).
1776–1777
Articles of Confederation committee
Stone assigned to the committee drafting the first framework of national government. Journals of the Continental Congress, LOC.
Jan 30, 1787
Stone to Washington, final documented letter
Enclosing Maryland Senate documents on the paper money bill. Stone notes Margaret's illness. Last known correspondence to a major founder. Founders Online.
1787
Declines Constitutional Convention appointment
Maryland appoints him as a delegate. Stone declines due to Margaret's failing health. She dies June 1787. Stone dies October 5, 1787. NPS. Congressional Biographical Directory.
06
What the Record Shows
The Elusive Signer

The book on Thomas Stone is titled "Thomas Stone: Elusive Maryland Signer." The title is accurate. He spoke little in Congress. He left few letters. The papers that do survive are scattered across Maryland State Archives, Library of Congress holdings, and the Founders Online collection of correspondence with Washington and Jefferson. There is no single large collection of Stone papers at a single archive. There is no autobiography. There is no memoir.

What the record shows is a man who went to Congress constrained, found his constraint lifted, voted for a document he had been forbidden to support, wrote one of the more striking post-vote statements among the fifty-six, drafted the Articles of Confederation in committee, spent a decade in the Maryland Senate, and then stepped back entirely when the work he had done was complete and the woman he loved needed him.

He did not attend the Constitutional Convention. He did not sign the Constitution. He died at forty-four. The archive does not hold much of Thomas Stone. What it holds is not thin.

✦ WHAT THE RECORD SHOWS ✦
Forgotten Founders Series
Reluctance and Conviction in the Same Man

Maryland sent Thomas Stone to Congress with explicit instructions not to vote for independence. He went hoping for reconciliation. He signed a peace petition. He watched the peace petition refused. He saw the restrictions lifted. He voted yes on July 2, 1776, and signed the Declaration on August 2. Then he wrote that he hoped God would crush to destruction the power that would trample on the rights of mankind.

He was not an enthusiast for revolution. He was a lawyer who believed in process, who wanted the right outcome through the right procedure, and who recognized when the procedures had run out. The record of his conversion from cautious loyalist to signer of the Declaration is the record of a man who changed his mind on the evidence available to him, changed it publicly, and then lived with what that change required. The archive is open.

✦ Primary Sources ✦
Go Deeper: Primary Sources
6 confirmed sources · All URLs live · All at institutional archives
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