ESTABLISHMENT OF CIVIL LIBERTY. It is 251 VII. which was now convened, examined its obligations, CHAP and, though not all its acts were carried through the forms essential to their validity, it yet displayed the 1639 spirit of the people and the times by framing a declaration of rights. Acknowledging the duty of allegiance to the English monarch, and securing to Lord Baltimore his prerogatives, it likewise confirmed to the inhabitants of Maryland all the liberties which an Englishman can enjoy at home; established a system of representative government; and asserted for the general assemblies in the province all such powers as may be exercised by the commons of England.' Indeed, throughout the whole colonial legislation of Maryland, the body representing the people, in its support of the interests and civil liberties of the province, was never guilty of timidity or treachery. strange that religious bigotry could ever stain the statute-book of a colony founded on the basis of the freedom of conscience. An apprehension of some remote danger of persecution seems even then to have hovered over the minds of the Roman Catholics; and, at this session, they secured to their church its rights and liberties. Those rights and those liberties, it is plain from the charter, could be no more than the tranquil exercise of the Roman worship. The constitution had not yet attained a fixed form; thus far it had been a species of democracy under a hereditary patriarch. The act3 constituting the assembly marks the transition to a representative government. At this session, any freeman, who had taken no part in the election, might attend in person; henceforward, the governor might summon his friends by special 1 Bacon, 1638–9, c. i. ii. 2 McMahon, 149. 3 Bacon, 1638-9, c. i. Griffith's Maryland, 7. CHAP. Writ; while the people were to choose as many dele VII. 1640. gates as "the freemen should think good." As yet there was no jealousy of power, no strife for place. While these laws prepared a frame of government for future generations, we are reminded of the feebleness and poverty of the state, where the whole people were obliged to contribute to "the setting up of a watermill."1 The restoration of the charter of the London company would have endangered the separate existence of Maryland; yet we have seen Virginia, which had ever been jealous of the division of its territory, defeat the attempt to revive the corporation. Meantime, the Oct. legislative assembly of Maryland, in the grateful enjoyment of happiness, seasonably guarded the tranquillity of the province against the perplexities of an "interim," by providing for the security of the government in case of the death of the proprietary. Commerce also was fostered; and tobacco, the staple of the colony, subjected to inspection. 1642. Mar. Nor was it long before the inhabitants recognized 21. Lord Baltimore's "great charge and solicitude in maintaining the government, and protecting them in their persons, rights, and liberties;" and therefore, "out of desire to return some testimony of gratitude," they freely granted" such a subsidy as the young and poor estate of the colony could bear." Maryland, at that day, was unsurpassed for happiness and liberty. Conscience was without restraint; a mild and liberal proprietary conceded every measure which the welfare of the colony required; domestic union, a happy concert between all the branches of government, an in 2 1 Bacon, 1638-9. Chalmers, 213, 214. Griffith, 8. AN INDIAN WAR. 253 VII. creasing emigration, a productive commerce, a fertile CHAP. soil, which Heaven had richly favored with rivers and deep bays, united to perfect the scene of colonial feli- 1642. city and contentment. Ever intent on advancing the interests of his colony, Lord Baltimore invited the Puritans of Massachusetts to emigrate to Maryland, offering them lands and privileges, and "free liberty of religion;" but Gibbons, to whom he had forwarded a commission, was "so wholly tutored in the New England discipline," that he would not advance the wishes of the Irish peer; and the people, who subsequently refused Jamaica and Ireland, were not now tempted to desert the Bay of Massachusetts for the Chesapeake.1 to But secret dangers existed. The aborigines, alarmed at the rapid increase of the Europeans, vexed at being frequently overreached by the cupidity of 1642 traders, not yet entirely recovered from the jealousies 1644. which the malignant Clayborne had infused, commenced hostilities; for the Indians, ignorant of the remedy of redress, always plan retaliation. After a war of frontier aggressions, marked by no decisive events, peace was reestablished on the usual terms of submission and promises of friendship, and rendered durable by the prudent legislation of the assembly and the firm humanity of the government. The preemption of the soil was reserved to Lord Baltimore, kidnapping an Indian made a capital offence, and the sale of arms prohibited as a felony. A regulation of intercourse with the natives was the surest preventive of war; the wrongs of an individual were ascribed to the nation; the injured savage, ignorant of peaceful justice, panted only for revenge; and thus 1 Winthrop, ii. 148, 149. 2 Bacon, 1649, c. 11. vi. VII. CHAP. the obscure villany of some humble ruffian, whom the government would willingly punish for his outrages, might involve the colony in the horrors of savage warfare. 1643 to July. But the restless Clayborne, urged, perhaps, by the 1646. conviction of having been wronged, and still more by the hope of revenge, proved a far more dangerous enemy. Now that the civil war in England left nothing to be hoped from royal patronage, he declared for the popular party, and, with the assistance of one Ingle, who obtained sufficient notoriety to be pro1643. claimed a traitor to the king,' he was able to promote a rebellion. By the very nature of the proprietary frame of government, the lord paramount could derive physical strength and resources only from his own private fortunes, or from the willing attachment of his lieges. His power depended on a union with his people. In times of peace, this condition was eminently favorable to the progress of liberty; the royal governors were often able, were still more often disposed, to use oppressive and exacting measures; the deputies of the proprietaries were always compelled to struggle for the assertion of the interests of their employer; they could never become successful aggressors on the liberties of the people. Besides, the crown, always jealous of the immense powers which had been carelessly lavished on the proprietary, was usually willing to favor the people in every reasonable effort to improve their condition, or limit the authority of the intermediate sovereign. At present, when the commotions in England left every colony in America almost unheeded, and Virginia and New England were pursuing a course of nearly independent legislation, the power of the proprietary was 1 Bacon's Preface. Chalmers, 217 IMPERFECT LAW FOR RELIGIOUS LIBERTY. 255 VII. almost as feeble as that of the king. The other colo- CHAP nies took advantage of the period to secure and advance their liberties in Maryland, the effect was rather to encourage the insubordination of the restless; and Clayborne was able to excite an insurrection. 1644. Early in 1645, the rebels were triumphant; unpre- 1645. pared for an attack, the governor was compelled to fly, and more than a year elapsed before the assistance 1646 Aug. of the well-disposed could enable him to resume his power and restore tranquillity. The insurgents distinguished the period of their dominion by disorder and misrule, and most of the records were then lost or embezzled.1 Peace was confirmed by the wise clemency 1647 of the government; the offences of the rebellion were 1649. concealed by a general amnesty; and the province 2 was rescued, though not without expense,3 from the distresses and confusion which had followed a short but vindictive and successful insurrection. to April. The controversy between the king and the par- 1649. liament advanced; the overthrow of the monarchy seemed about to confer unlimited power in England upon the imbittered enemies of the Romish church; and, as if with a foresight of impending danger, and an earnest desire to stay its approach, the Roman Catholics of Maryland, with the earnest concurrence of their governor and of the proprietary, determined to place upon their statute-book an act for the religious April freedom which had ever been sacred on their soil. "And whereas the enforcing of the conscience in matters of religion"—such was the sublime tenor of a part of the statute—" hath frequently fallen out to be of dangerous consequence in those commonwealths where it 1 Bacon's Preface. Chalmers, 217, 218. Burk, i. 112. McMahon, 202. 2 Bacon, 1650, c. xxiv. 21. |