CHAPTER XIII.

MARYLAND.

RISE AND PROGRESS OF MARYLAND, FROM ITS ORIGIN DOWN TO THE AMERICAN REVOLUTION.

NOT being able to find any historian upon the State of Maryland, I shall supply that deficiency by the following extract from Morse's Universal Geography, and Proud's History of Pennsylvania, by the way of historical sketch

of that State.

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Maryland was granted by King Charles I. to George Calvert, Baron of Baltimore, in Ireland, June 20, 1632.* It was called Maryland in honor of the queen, and was the first colony that was erected into a province of the English empire, and governed by laws enacted in a provincial legislature.

"Lord Baltimore was a Roman Catholic, and was induced to undertake this settlement in America, from the hope of enjoying liberty of conscience for himself, and such of his friends as might prefer an easy banishment from England, embittered as they were by the sharpness of the laws, and the popular odium that hung over them. The court at that time were very little disposed to treat the Roman Catholics with severity, neither had they any reason to do it; but the laws were of a rigorous complexion, and however the court might be inclined to relax them, they could not in policy do it without great reserve.

* Mr. Proud, in his history says that King Charles I. promised this grant to George Calvert, at a prior time; but upon his dying before the grant was actually made, the king fulfilled his promise, by causing the patent to be made out to Cæcilius, the son and heir to Sir George, on the 12th of June, 1632. The king himself named it Maryland, in honor of his queen, Henrietta Maria.

"The first emigration, consisting of about two hundred gentlemen of considerable fortune and rank, with their adherents, chiefly Roman Catholics, sailed from England in November, 1632, and after a prosperous voyage, landed in Maryland, near the mouth of the Potowmac, early in January, 1633. Lord Baltimore purchased the rights of the Aborigines, for a consideration which seems to have been satisfactory; and with their free consent, in the following March, he took possession of the town which is called St. Mary's. Prudence as well as justice dictated the continuation of this salutary policy, with regard to the Indians, and having carefully cultivated their friendship, he lived with them on terms of perfect amity, till it was interrupted by the intrigues of one William Clayborne."-Dr. Morse.

"This province is situated between 37 degrees and 40 degrees of north latitude, and according to the words of the patent, "Tis all that part of Pennsylvania lying between the ocean on the east, and the bay of Chesapeake on the west, and divided from the other part by a right line, drawn from the cape called Walkinson's Point, situated in the aforesaid bay, near the river Wighco, on the west, unto the main ocean on the east, and between that bound on the south, unto that part of Delaware Bay, on the north, which lies under the 40th degree of north latitude, &c. and all the tract of land from the aforesaid bay of Delaware, in a right line by the degree aforesaid, to the true meridian of the first fountain of the river Potowmac, and from thence tending towards the south to the further bank of the aforesaid river, and following the west and south side of it to a certain place called the Cinquack, situated near the mouth of said river, where it falls into the Chesapeak, and from thence in a straight line to the aforesaid cape called Walkinson's Point, &c.

"These are the boundaries of Maryland, as expressed in the patent, concerning which afterwards there was so long a dispute between the proprietors of that province and of Pennsylvania, arising principally from the words expressing the boundary between them, made by each party, and of the intention of said grant; for first the extent of land claimed in the fortieth degree, was claimed by both provinces, as lying entirely within their respective grants," as has been noticed in the history of Pennsylvania. “That part of the western shore of Delaware, which appears to come within the bounds of Lord Baltimore's grant, had long before this time been possessed and inhabited by the Dutch and Swedes successively, and was claimed by the former as a part of New-Netherlands, and was then actually in possession of the latter; whereas it appears manifest, from both the Maryland patent and the best documents, only such lands were intended to be granted to the Lord Baltimore as were uncultivated and uninhabited by any people except Indians," &c.-[See Pennsylvania.] Proud.

Lord Baltimore laid the foundations of this province on the broad basis of security to property, and liberty in religion; granting in absolute fee fifty acres of land to every emigrant, establishing christianity agreeable to the old common law, without allowing preeminence to any particular sect. The measures of his choice soon converted a dreary wilderness into a prosperous colony. The transportation of people, and necessary stores and provisions, during the first two years, cost Lord Baltimore upwards of £40,000. The freemen of the colony, even during its infancy, granted him a subsidy of fifteenths of tobacco on every poll, "as a testimony of gratitude for his great charge and solicitude in maintaining the government and protecting the inhabitants in their rights, and for reimbursing his vast charge." This donation does equal

honor to both, as it shews that the one had merited, and the others possessed gratitude.

The providing food and habitations, necessarily engrossed much of the attention of the first settlers. They lived for some time rather under the domestic regimen of a family, than according to the diffusive regulations of a provincial establishment. The Indian women taught the emigrants how to make bread of their corn; their men went out to hunt and fish with the English; they assisted in the chase, and sold them the game they took for themselves for a trifling consideration; so that the new settlers had a sort of town already built; ground already cleared for their cultivation; and no enemy to harass them. They had also prudently commenced their settlement at that season, when the operations of agriculture naturally begin. Food was therefore easily provided for those whom they expected to follow them from England.

"The first assembly that appears on record was held, probably by all the freemen in the colony, because their numbers were few, in February, 1634-5. Little appears to have been done at this assembly; but the laws of England appear to have been the laws of the colony from the following law that was then enacted, "that offenders in all murders, and felonies shall suffer the same pains and forfeitures as for the same crimes in England." As emigrants arrived and extended themselves at a great distance from St. Mary's, the metropolis, legislative regulations became more necessary. With a view chiefly to procure the assent of the freemen to a body of laws, which the proprietary had transmitted; Calvert the governor called a new assembly in January, 1637-8. But rejecting these with a becoming spirit, they prepared a collection of regulations, which demonstrated, equally their good sense, and the state of their affairs."

A third assembly was held at St. Johns in February, 1638-9, at which time a considerable change took place. While their numbers continued few, the whole body of the freemen seem to have consented, in person, to every law; but now an act passed, "for establishing the House of Assembly." It enacted that those who should be elected, pursuant to writs issued, should be called Burgesses, (as we have noticed in Virginia,) and should supply the place of the freemen who chose them, in the same manner, and to the same purpose as the representatives in the Parliament in England. That the gentlemen summoned by the special writ of the proprietary, and those freeman, who should not have voted at any of the elections, together with the governor and secretary, should be called "the House of Assembly," that all acts assented to by that body, should be deemed of the same force, as if the proprietary and freemen had been all present. The legislative power, being thus erected, the assembly passed a code of laws, until a complete system of jurisprudence became established. "Holy church (said the good Catholics) shall have her share of rights and liberties." All inhabitants were required to take the oath of allegiance to his majes ty; the prerogative colonists shall enjoy their liberties, according to the great charter of England. The acts of assembly of Maryland demonstrate that none of the colonies better understood their rights, or were more ready to acknowledge their duties, than were the people of that province. Slavery seems to have taken deep root in Maryland with its first inhabitants, as an act of this assembly describes "the people" to consist of all christian in. habitants, "slaves only excepted."

In the beginning of the Parliament which was held in 1640, (in Virginia,) an attempt was once more made to establish over Virginia, the government of the ancient corporation, and thereby to annul the charter of Mary