The Great Events by Famous Historians [Volumes 1-14]

Such is the meaning of the charter historically interpreted, and such the earliest principle and practice of the government—freedom to the Anglican and freedom to the Roman Catholic—a freedom of conscience, not allowed, but exacted. A freedom, however, of a wider sort springs forth at the birth of the colony—not demanded by that instrument, but permitted by it—not graven upon the tables of stone, or written upon the pages of the statute-book, but conceived in the very bosom of the Proprietary and of the original pilgrims—not a formal or constructive, but a living, freedom—a freedom of the most practical sort. It is the freedom which it remained for them, and for them alone, either to grant or to deny—a freedom embracing within its range, and protecting under its banner, all those who were believers in Jesus Christ. And the grant of this freedom is that which has placed the Proprietary among the first law-reformers of the world, and Maryland in advance of every State upon the continent.

Our ancestors had seen the evils of intolerance; they had tasted the bitter cup of persecution. Happy is he whose moral sense has not been corrupted by bigotry, whose heart is not hardened by misfortune, whose soul—the spring of generous impulse—has never been dried up by the parching adversities of life! The founders of Maryland brought with them, in the Ark and the Dove, the elements of that liberty they had so much desired, themselves, in the Old World, and which to others in the New, of a different faith, they were too good and too just to deny.

Upon the banks of the St. Mary's, in the soil of Maryland, amid the wilderness of America, they planted that seed which has since become a tree of life to the nation, extending its branches and casting its shadows across a whole continent. The records have been carefully searched. No case of persecution occurred during the administration of Governor Leonard Calvert, from the foundation of the settlement of St. Mary's to the year 1647. His policy included the humblest as well as the most exalted; and his maxim was, "Peace to all—proscription of none." Religious liberty was a vital part of the earliest common law of the province.

At the date of the charter (1632) toleration existed in the heart of the Proprietary; and it appeared in the earliest administration of the affairs of the province. But an oath was soon prepared by him, including a pledge from the Governor and the privy counsellors, "directly or indirectly," to "trouble, molest, or discountenance" no "person whatever," in the province, "professing to believe in Jesus Christ." Its date is still an open question; some writers supposing it was imposed in 1637, and others in 1648. I am inclined to think the oath of the latter was but "an augmented edition" of the one in the former year.

The grant of the charter marks the era of a special toleration. But the earliest practice of the government presents the first; the official oath, the second; the action of the Assembly in 1649, the third, and, to advocates of a republican government, the most important phasis, in the history of the general toleration. The oath of 1648 is worthy of attention in another particular. It contained a special pledge in favor of the Roman Catholics—a feature which might have been deemed requisite, in consideration of the fact that the Proprietary had appointed a Protestant gentleman for the post of lieutenant-general or governor. Some also of the privy counsellors were of the same faith.

The little provincial Parliament of Maryland assembled at St. Mary's, in the month of April, during the year 1649. This was about fifteen years after the landing of the Pilgrims, under Governor Calvert; about thirty years later than the settlement of the Puritans at Plymouth; and more than forty subsequently to the arrival of the Anglo-Catholics at Jamestown, in Virginia. The members of the assembly at St. Mary's met in a spirit of moderation, but seldom the characteristic of a dominant party. The province was at peace with the aboriginal tribes within its limits. The unhappy contest with Colonel William Clayborne had been virtually terminated; the rebellions of Captain Richard Ingle and other Protestant enemies effectively suppressed; the reins of government recovered, and the principles of order once more established.

Governor Calvert, the chief of the Maryland Pilgrims, after a trying but heroic and honorable administration, had died, amid the prayers and blessings of his friends, without a stain upon his memory. Thomas Green had also for a short period been the governor; and the principal key of authority was then held by Captain William Stone.

The assembly was composed of the Governor, the privy counsellors and the burgesses. In many particulars its model was not unlike that of the primitive parliaments of England. The governor and the privy counsellors were appointed by Cecilius, the feudal prince or proprietary of the province; the burgesses, who were chosen by the freemen, represented the democratic element in the original constitution of Maryland. The delegates were sent by Kent and by St. Mary's, the only two counties at that time within the limits of the principality; the former upon the east, the latter upon the west, side of "the Great Bay." And while there is no reason for asserting the want of harmony upon the business of this assembly, it is a remarkable fact that for more than two centuries the most strongly marked differences have existed between the shores of the Chesapeake, not only of a geographical, but also of a political, character.