great allowance is to be made in Harvey's case for the violence of political excitement, since it does not appear that he attempted any unlawful interference with the rights and privileges of the colonists. 1641. The administration of Wyatt was peaceful, and quite acceptable to the people. In 1641, however, Sir William Berkeley was appointed governor, and the year following arrived in Virginia. He was a man of high and honorable character and principles, and proved himself well adapted to the station to which he had been elevated. Shortly after the commencement of the civil war in Eng1643. land, the laws of Virginia un derwent a second revision. Most of the former laws were continued, but with some modifications and additions, among which were the requiring all in the colony to use the liturgy of the Church of England, non-conformists to depart out of Virginia, the monthly courts to be changed into county courts, and held six times a year, certain taxes necessary to public advantage, to be levied, etc., etc. The Parliamentary Commissioners for Plantations endeavored to obtain from the Virginians an acknowledgment of their authority, offering them the choice of their own governor; but Governor Berkeley, who was a firm royalist, persuaded the majority of the Council to adhere to the king; so that Virginia, retaining its attachment to loyalty, and in a measure left to itself, had an opportunity of legislating for the general good, independent of European control. 1644. The hostility of the Indians, which had been only partially suppressed, was ready to break out on any favorable occasion. Opechancanough, the ancient enemy of the colonists, was now advanced in years, and still meditating upon revenge. A favorable opportunity having presented itself, arising out of the dissensions occasioned by the civil war in England, and its general effect upon the colony, a sudden and furious assault was made under Opechancanough's direction, which resulted in the slaughter of some five hundred of the colonists. A general war against the Indians ensued, and the aged chief was taken prisoner, and died soon after of wounds inflicted by a brutal soldier. His successor was willing to make peace, and all the lands between James and York Rivers were ceded to the Virginians. 1646. Thus did it happen, to use the words of Mr. Bancroft, that "the colony of Virginia acquired the management of all its concerns; war was levied and peace concluded, and territory acquired, in conformity to the acts of the representatives of the people. Possessed of security and quiet, abundance of land, a free market for their staple, and practically all the rights of an independent State, having England for its guardian against foreign oppression, rather than its ruler, the colonists enjoyed all the prosperity which a virgin soil, equal laws, and general uniformity of condition and industry could be-stow. Their numbers increased; the cottages were filled with children, as the ports were with ships and emigrants. At Christmas, 1648, there joined Ayscue, and together, in 1652, they reached the Chesapeake. The colony yielded without resistance, their rights and privileges being secured to them. Berkeley's commission was de were trading in Virginia ten ships from London, two from Bristol, twelve Hollanders, and seven from New England. The number of the colonists was already twenty thousand; and they who had sustained no griefs, were not tempt-clared void, and Richard Bennet, one ed to engage in the feuds by which the mother country was divided. They were attached to the cause of Charles, not because they loved monarchy, but because they cherished the liberties of which he had left them in the undisturbed possession; and after his execution, though there were not wanting some who, from ignorance, as the royalists affirmed, favored republicanism, the government recognized his son without dispute. 1649. 1650. The faithfulness of the Virginians did not escape the attention of the royal exile; from his retreat in Breda, he transmitted to Berkeley a new commission; he still controlled the distribution of affairs, and amidst his defeats in Scotland, still remembered with favor the faithful cavaliers in the western world. Charles the Second, a fugitive from England, was still the sovereign of England. 'Virginia was whole for monarchy, and the last country belonging to England, that submitted to obedience of the Commonwealth.'"* The Parliament, however, determined to enforce its claims to authority over the colonies. Sir George Ayscue was sent with a fleet to compel the obedience of Barbadoes. A separate expedition, to reduce Virginia, 1652. * Bancroft's "History of the United States,” vol. i., p. 209. 1655. 1658. of the Parliamentary Commissioners, . Its Peculiarity in the origin of Maryland — George Calvert, Lord Baltimore — His character - The charter advantages — Boundary of the colony — Opposition of Clayborne - Leonard Calvert in command of the expedition First settlers St. Mary's - Suspiciousness of Massachusetts - Clayborne's further efforts to do injury Lord Baltimore's expenditure on the colony-First colonial assembly-Its acts - Dispute about initiative in legislation - Second and third assemblies - The first statutes enacted Lord Baltimore's policy-Act of toleration Its limits Insurrection of Ingle and Clayborne - Temporizing policy of the proprietary --Maryland claimed by different parties Contest ensuing - Stone and his lot - Fendal's troubles and the resultPhilip Calvert governor — Population and growth of Maryland in 1660. THE settlement of Maryland was in several respects different from that of Virginia or Massachusetts. The former had many perilous struggles before its existence and liberties were secured. The latter put forth many sincere but fruitless efforts, to establish itself on a foundation of theocracy, where private judgment and religious toleration should obtain no resting-place. In the case of Maryland, however, the advantages of a government in which the freemen of the colony were to bear a part, and where toleration in matters of conscience was to be allowed, were wisely provided for by its founder; so that its origin was peaceful, and its course prosperous from the beginning. And this deserves to be noted the rather, because the founder of Maryland was a sincere and liberal-spirited member of the Roman Catholic Church, a church whose principles, as is well known, are totally opposed to all toleration in religion, and when opportunity serves to carry them out, lead necessarily to persecution. The Romanists, at this period, from a variety of causes, found their position uncomfortable in England, for the Puritans, equally with others, were bent upon the full execution of the penal statutes against them; consequently they had even greater reason than the Puritans to desire to escape from their trials at home, by emigrating to the New World. About the beginning of James First's reign, George Calvert, a native of Yorkshire, and a graduate of Ox- 1604. ford, was so popular in his own county, by far the largest in England, as to be chosen its representative in CH. IX.] 1622. CHARTER AND BOUNDARY OF THE COLONY. 79 crown; and thus the charter which gave to him, and to his heirs, the ab solute proprietorship in the soil, together with the power of making necessary laws, was coupled with the condition that nothing should be enacted without the advice, consent, and appro Parliament, and was so great a favorite at Court as to have become one of the Secretaries of State. Calvert, 1619. however, had, some time previously, become a convert to the Romish Church. With honorable candor he avowed his opinions, and tendered the resignation of his office. Far, how-bation of the freemen of the province, ever, from losing the influence he had obtained, he was loaded with fresh favors, and soon after created an Irish peer, by the title of Lord Baltimore. He had been one of the original associates of the Virginia Company, and had tried an experimental colony of his own at Avalon, on the island of Newfoundland; after having twice visited it, and expended in the attempt at colonization more than $100,000, he at length resolved to abandon it. He then turned his attention to Virginia, where he met with little encouragement to engage in a settlement, the oath of allegiance, framed so as that no Roman Catholic could conscientiously subscribe it, being expressly tendered for his adoption. He thus became desirous of obtaining a settlement to which those of like faith with himself might repair unmolested; and on his return to England he had little difficulty in obtaining from Charles I. a grant of a considerable tract on the river Potomac, which, in compliment to the queen, Henrietta Maria, he denominated MARYLAND. or their representatives convoked in general assembly, and nothing enacted but what was in spirit, if not in letter, consonant with the laws of England. Maryland, too, furnishes the first instance in which the local proprietary was exempted from the control of the crown, and from the power of parlia mentary taxation. The Potomac, with a line due east from its mouth, across the Chesapeake Bay, and the peninsula called the eastern shore, formed the southern boundary of the new province; on the east it had the ocean and Delaware Bay; on the north the fortieth degree of latitude, the southern boundary of the great New England patent; and on the west, a line due north from the westernmost head of the Potomac. Before the patent had passed through all the necessary formalities, Lord Baltimore died; but the charter was issued and confirmed to his son, Cecilius Calvert, whose zealous energies were devoted to the carrying out his father's purposes. Considerable opposition was excited against the charter and its privileges, by William Clay- 1633. borne, secretary, and one of the Council of Virginia. An acute and enterprising man, he had entered into speculations and trade with the Indians under a royal license. Consequently, having established a post on the Isle of Kent, and another at the mouth of the Susquehanna, he and his associates were little disposed to look with favor upon any grant or charter likely to interfere with their license. Clayborne's appeal to the Privy Council was set aside, and orders were sent to Virginia, insisting upon a good understanding being maintained, and forbidding that either should entertain fugitives from the other. 1634. Leonard Calvert, a natural son of the first Lord Baltimore, was appointed by his brother Cecil, to the command of the company destined to found the colony of Maryland. They embarked in the Ark and Dove, in November, 1633, proceeded by way of the West Indies, and early the next year arrived in the Chesapeake. The number of the new settlers was about two hundred, mostly of the Roman Catholic persuasion, and many of them ranking amongst gentry. They were courteously received by Governor Harvey, and had no difficulty in fixing upon a site for a settlement. Calvert entered the Potomac, and upon a spot partly occupied, which was about to be abandoned by the Indians, and was ceded by them the next year in full to the emigrants, he built the little village of St. Mary's. The liberal provisions of the charter, and the unusual readiness with which the Indians were willing to give them a peaceful footing upon the soil, were all in favor of the establishment and rapid progress of the colony; and had it not been for the unfriendly acts and vindictive spirit of Clayborne, hardly a difficulty or trial worth men tion would have disturbed the steady growth and prosperity of Maryland. In August of the present year (1634) Calvert sent the Dove to Massachusetts with a cargo of corn, to exchange for fish. But notwithstanding the friendly advances of Calvert, backed by Harvey of Virginia, the suspiciousness of the Puritans was too strong to admit of any thing like cordiality; some sharp words passed between the ship's people and the inhabitants; and when the Dove was allowed to depart, the master was charged "to bring no more such disordered persons." Clayborne's hostility did not sleep. Beside endeavoring to injure the colonists with the Indians, he even ventured to fit out a small vessel, under color of his exclusive right to trade, and gave orders to capture all the water craft of the colonists. Two armed boats from St. Mary's pursued the vessel; an engagement took place; several lives were lost, and the officers made prisoners. Clayborne escaped to Virginia, and was demanded by Calvert as a fugitive from justice; but Harvey declined giving him up, and he was sent to England. 1635. Colonization proceeded proceeded steadily, though not rapidly. The proprietary offered very liberal terms to settlers, in the expectation that his own heavy outlays might to some extent at least, be reimbursed: during the first 1636. two years he expended nearly $200,000 on the colony. But in no respect, probably, was the wisdom of Lord Baltimore more evident than in his yielding to the wishes of the colo |