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diff --git a/32454.txt b/32454.txt new file mode 100644 index 0000000..c8872f8 --- /dev/null +++ b/32454.txt @@ -0,0 +1,2402 @@ +The Project Gutenberg EBook of Calvert and Penn, by Brantz Mayer + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Calvert and Penn + Or the Growth of Civil and Religious Liberty in America, + as Disclosed in the Planting of Maryland and Pennsylvania + +Author: Brantz Mayer + +Release Date: May 20, 2010 [EBook #32454] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK CALVERT AND PENN *** + + + + +Produced by Julia Miller, Jasmine Yu and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + + + + + + + + +[Transcriber's note: In Appendix I in the original publication the +"Original Latin" and "English Translation" are show side by side.] + + + + +CALVERT AND PENN; + + OR THE GROWTH OF + CIVIL AND RELIGIOUS LIBERTY + IN AMERICA, + + AS DISCLOSED IN THE PLANTING OF + MARYLAND AND PENNSYLVANIA: + + [Illustration] + + A DISCOURSE BY + BRANTZ MAYER, + + DELIVERED IN PHILADELPHIA BEFORE THE + PENNSYLVANIA HISTORICAL SOCIETY, + + 8 APRIL, 1852. + + + + + "Se mai turba il Ceil Sereno + "Fosco vel di nebbia impura, + "Quando il sol gli squarcia il seno, + "Piu sereno il ciel si fa. + + "Rea, discordia, invidia irata + "Fuga il tempo, e nuda splende. + "Vincitrice e vendicata. + "L'offuscata Verita." + + + + + PRINTED FOR THE + PENNSYLVANIA HISTORICAL SOCIETY + BY JOHN D TOY + BALTIMORE + + + + +CALVERT AND PENN. + + +It is a venerable and beautiful rite which commands the Chinese not only +to establish in their dwellings a Hall of Ancestors, devoted to +memorials of kindred who are dead, but which obliges them, on a certain +day of every year, to quit the ordinary toils of life and hasten to the +tombs of their Forefathers, where, with mingled services of festivity +and worship, they pass the hours in honoring the manes of those whom +they have either loved or been taught to respect for their virtues. + +This is a wholesome and ennobling exercise of the memory. It teaches +neither a blind allegiance to the past, nor a superstitious reverence +for individuals; but it is a recognition of the great truth that no man +is a mere isolated being in the great chain of humanity, and that, while +we are not selfishly independent of the past, so also, by equal +affinity, we are connected with and control the fate of those who are to +succeed us in the drama of the world. + +The Time that merges in Eternity, sinks like a drop in the ocean, but +the deeds of that Time, like the drop in the deep, are again exhaled and +fitted for new uses; so that although the Time be dead, the acts thereof +are immortal--for the achieved action never perishes. That which was +wrought, in innocence or wrong, is eternal in its results or +influences. + +This reflection inculcates a profound lesson of our responsibility. It +teaches us the value of assembling to look over the account of the past; +to separate the good from the false; to winnow the historical harvest we +may have reaped; to survey the heavens, and find our place on the ocean +after the storm. And if such conduct is correct in the general concerns +of private life, how much more is it proper when we remember the duty we +owe to the founders of great principles,--to the founders of great +states,--of great states that have grown into great nations! In this +aspect the principle rises to a dignity worthy our profoundest respect. +History is the garnered treasure of the past, and it is from the glory +or shame of that past, that nations, like individuals, take heart for +the coming strife, or sink under irresistible discouragement. + +Is it not well, then, that we, the people of this large country, divided +as we are in separate governments, should assemble, at proper seasons, +to celebrate the foundations of our time-honored commonwealths; and, +while each state casts its annual tribute on the altar of our country, +each should brighten its distinctive symbols, before it merges their +glory in that great constellation of American nations, which, in the +political night that shrouds the world, is the only guiding sign for +unfortunate but hopeful humanity! + + * * * * * + +When the Reformation in England destroyed the supremacy of the Roman +Church, and the Court set the example of a new faith, it may readily be +supposed, that the people were sorely taxed when called on to select +between the dogmas they had always cherished, and those they were +authoritatively summoned to adopt. The age was not one either of free +discussion or of printing and publication. Oral arguments, and not +printed appeals, were the only means of reaching the uncultivated minds +of the masses, and even of a large portion of the illiterate gentry and +aristocracy. If we reflect, with what reverence creeds are, even now, +traditionally inherited in families, we must be patient with their +entailed tenure in the fifteenth and sixteenth centuries. The soul of +nations cannot be purged of its ancestral faith by Acts of Parliament. +There may be submission to law, external indifference, hypocritical +compliance, but, that implicit adoption and correspondent honest action, +which flow from conscientious belief, must spring from sources of very +different sanctity. + +When the world contained only one great Christian Church, the idea of +Union betwixt that Church and the State, was not fraught with the +disgusts or dangers that now characterize it. There were then no sects. +All were agreed on one faith, one ritual, one interpretation of God's +law, and one infallible expositor; nor was it, perhaps, improper that +this law--thus ecclesiastically expounded and administered in perfect +national unity of faith--should be the rule of civil and political, as +well as of religious life. Indeed, it is difficult, even now, to +separate the ideas; for, inasmuch as God's law is a law of life, and not +a mere law of death--inasmuch as it controls all our relations among +ourselves and thus defines our practical duty to the Almighty--it is +difficult, I repeat, to define wherein the law of man should properly +differ from the law of God. Mere morality--mere political morality,--is +nothing but a bastard policy, or another name for expediency, unless it +conforms in all its motives, means and results, to religion. In truth, +morality, social as well as political, to be vital and not hypocritical, +must be religion put into practical exercise. This is the simple, just, +and wise reconciliation of religion and good government, which I humbly +believe to be, ever and only, founded upon Christianity. But it was a +sad mistake in other days, to confound a Primitive Christianity and the +dogmas of a Historical Church. Unfortunately for the ancient union of +Church and State, this great identification of the true christian action +of the civil and ecclesiastical bodies, was but a mere fiction, so far +as religion was concerned, and a fact, only so far as power was +interested. Christianity ever has remained, and ever will remain, the +same radiant unit; but a church, with irresponsible power--a church +which, at best, is but an aggregation of human beings, with all the +passions, as well as all the virtues of our race--soon, necessarily, +abandons the purity of its early time, and grows into a vast hierarchy, +which, founding its claims to authority on divine institution, sways the +world, sometimes for good and sometimes for evil, with a power suited to +the asserted omnipotence of its origin. + +But the idea of honest union between church and state was naturally +destroyed, in the minds of all right thinking persons, from the moment +that there was a secession from the Church of Rome. The very idea, I +assert, was destroyed; for the Catholic Princes and the sects into which +Protestants divided themselves, began an internecine war, which, in +effect, not only forever obliterated supremacy from the vocabulary of +ecclesiastical power, but almost destroyed, by disgracing, the religion +in whose name it perpetrated its remorseless cruelties. + +The social as well as religious anarchy consequent upon the Reformation, +was soon discerned by the statesmen of England, who took council with +prudent ecclesiastics, and, under the authority of law, erected the +Church of England. In this new establishment they endeavored to +substitute for Romanism, a new ecclesiastical system, which, by its +concessions to the ancient faith, its adoption of novel liberalities, +its compromises and its purity, might contain within itself, sufficient +elements upon which the adherents of Rome might gracefully retreat, and +to which the Reformers might either advance or become reconciled. This +scheme of legislative compromise for a national religion, was doubtless, +not merely designed as an amiable neutral ground for the spiritual wants +of the people, but as the nucleus of an institution which would +gradually, if not at once, transfer to the Royalty of England, that +spiritual authority which its sovereigns had found it irksome to bear or +to control when wielded by the Pope. + +The architects of this modern faith were not wrong in their estimate of +the English people, for, perhaps, the great body of the nation willingly +adopted the new scheme. Yet there were bitter opponents both among the +Catholics and Calvinists, whose extreme violence admitted no compromise, +either with each other, or with the Church of England. For them there +was no resource but in dumbness or rebellion; and, as many a lip opened +in complaint or attempted seduction, the legislature originated that +charitable and reconciling system of disabilities and penalties, which a +pliant judiciary was not slow in enforcing with suitable rigor. While +the Puritan could often fairly yield a sort of abstinent conformity +which saved him from penalties, the Roman Catholic, who adhered +faithfully and conscientiously to his ancestral church, made no +compromise with his allegiance. Accordingly, on him, the unholy and +intolerant law fell with all its persecuting bane. + +"About the middle of the reign of Queen Elizabeth there arose among the +Calvinists, a small body, who bore nearly the same relation to them, +which they bore to the great body of the Reformed; these were ultra +Puritans, as they were ultra Protestants. These persons deemed it their +religious duty to separate themselves entirely from the church, and, in +fact, to war against it. The principle upon which they founded +themselves, was, that there should be no national church at all, but +that the whole nation should be cast in a multitude of small churches or +congregations, each self-governed, and having only, as they believed, +the officers of which we read in the New Testament,--pastor, teacher, +elder and deacon."[1] + + * * * * * + +Such was the ecclesiastical and political aspect of England, and of a +part of Scotland, about the period when the First James ascended the +British throne. As there is nothing that so deeply concerns our welfare +as the rights and duties of our soul, it is not at all singular to find +how quickly men became zealous in the assertion of their novel +privileges, as soon as they discovered that there were two ways of +interpreting God's law, or, at least, two modes of worshiping him,--one +wrapped in gorgeous ceremonial, the other stripped in naked +simplicity,--and that the right to this interpretation or worship was +not only secured by law, but was inherent in man's nature. Personal +interests may be indolently neglected or carelessly pursued. It is rare +to see men persecute each other about individual rights or properties. +Yet, such is not the case when a right or an interest is the religious +property of a multitude. Then, community of sentiment or of risk, bands +them together in fervent support, and when the thing contended for is +based on conscience and _eternal_ interest, instead of personal or +_temporary_ welfare, we behold its pursuit inflame gradually from a +principle into a passion,--from passion into persecution, until at +length, what once glimmered in holy zeal, blazes in bigoted fanaticism. +Thus, all persecutors may not, originally, be bad men, though their +practices are wicked. The very liberty of conscience which freemen +demand, must admit this to be possible in the conduct of those who +differ from us most widely in faith and politics. + +Religious Conscience, therefore, is the firmest founder of the right of +forming and asserting Free Opinions; and when it has securely +established the great fact of Religious Freedom, it at once, as an +immediate consequence, realizes Political Freedom, which is nothing but +the individual right independently to control our personal destinies, as +well as to shape our conscientious spiritual destinies. The right of +free judgment asserts that Christianity put into vital exercise, in our +social or national relations, is, in fact, the essence of pure +democracy. It is liberty of action that produces responsibility--it is +equal responsibility that makes us _one_ before the law. To teach man +the humility and equality of his race, _as rights_; and to illustrate +the glorious lesson that from the cottage and cabin have sprung the +intellects that filled the world with light, it pleased the Almighty to +make a stable the birth-place of our Redeemer, and a manger his lowly +cradle! + + * * * * * + +When the valiant men of olden times had checked the corporate system of +theology in England and Germany, and established their right, at least, +_to think_ for themselves; and when the Reformation had subsequently +received a countercheck in Germany, England and France,--the stalwart, +independent worshippers, who could no longer live peacefully together +within their native realms, began to cast about for an escape from the +persecutions of non-conformity and the mean "tyranny of incapacitation." + +The Reformation was the work of the early part of the sixteenth century. +The close of the fifteenth had been signalized by the discovery of +America, and by the opening of a maritime communication with India. The +East, though now accessible by water, was still a far distant land. The +efforts of all navigators, even when blundering on our continent, were, +in truth, not to find a new world, but to reach one already well known +for the richness of its products, and the civilization of its people. +But distant as it was, it presented no field for colonization. It was +the temporary object of mercantile and maritime enterprise, and although +colonial lodgments were impracticable on its far off shores, it +nevertheless permitted the establishment of factories which served, in +the unfrequent commerce of those ages, as almost regal intermediaries +between Europe and Asia. + +But the Western World was both nearer, and, for a while, more alluring +to avarice and enterprise. It was not a civilized, populous, and warlike +country like the East, but it possessed the double temptation of wealth +and weakness. The fertility of the West Indies, the reports of +prodigious riches, the conquests of Cortez and Pizzaro, the emasculated +semi-civilization of the two Empires, which, with a few cities and royal +courts, combined the anomaly of an almost barbarous though tamely +tributary people--had all been announced throughout Europe. Yet, the +bold, brave and successful Spaniard of those days contrived for a long +while to reap the sole benefit of the discovery. What he effected was +done by _conquest_. _Colonization_, which is a gradual settlement, +either under enterprise or persecution, was to follow. + +The conquest and settlement of the Southern part of this continent are +so well known, that it is needless for me to dwell on them; but it is +not a little singular that the very first effort at what may strictly be +called colonization, within the present acknowledged limits of the +United States, was owing to the spirit of persecution which was so rife +in Europe. + +The Bull of the Pope, in its division of the world, had assigned America +to Spain. Florida, which had been discovered by Ponce de Leon, and the +present coast of our Republic on the Gulf of Mexico, were not, in the +sixteenth century, disputed with Spain by any other nation. Spain +claimed, however, under the name of Florida, the whole sea-coast as far +as Newfoundland and even to the remotest north, so that, so far as +_asserted_ ownership was involved, the whole of our coast was Spanish +domain. + +The poor, persecuted, weather-beaten Huguenots of France, had been +active in plans of Colonization for escape from the mingled imbecility +and terrorism of Charles IX. They saw that it was not well to stay in +the land of their birth. The Admiral de Coligny, one of the ablest +leaders of the French Protestants, was zealous in his efforts to found a +Gallic empire of his fellow subjects and sufferers on this continent. He +desired, at least, a refuge for them; and in 1562, entrusted to John +Ribault, of Dieppe, the command of an expedition to the American shores. +The first soil of this virgin hemisphere that was baptised by the tread +of refugees flying from the terrors of the future hero of St. +Bartholomew--of men who were seeking freedom from persecution for the +sake of their religion--was that of South Carolina. Ribault first +visited St. John's River, in Florida, and then slowly coasted the low +shores northward, until he struck the indenture where Hilton-Head +Island, and Hunting and St. Helen's Islands are divided by the entrance +into the ocean of Broad River at Port Royal. + +It was a beautiful region, where venerable oaks shadowed a luxuriant +soil, while the mild air, delicious with the fragrance of +forest-flowers, forever diffused a balmy temperature, free alike from +the fire of the tropics and the frost of the north. Here, in this +pleasant region, he built Fort Carolina, and landed his humble colony of +twenty persons who were to keep possession of the chosen land. + +But Frenchmen are not precisely at home in the wilderness. They require +the aggregation of large villages or cities. The Frenchman is a social +being, and regret for the loss of civil comforts soon spoils his +vivacious temper, and fills him with discontent. Accordingly, +dissensions broke forth in the colony soon after the departure of +Ribault for France; and, most of the dissatisfied colonists, finding +their way back to Europe as best they could, the settlement was broken +up forever. + +Yet, Coligny was not to be thwarted. In 1564, he again resolved to +colonize Florida, and entrusted Laudonniere--a seaman rather than a +soldier, who had already visited the American coasts,--with three ships +which had been conceded by the king. An abundance of colonists, not +disheartened by the failure of their predecessors, soon offered for the +voyage, and, after a passage of sixty days, the eager adventurers hailed +the American coast. They did not go to the old site, marked as it was by +disaster, but nestled on the embowered banks of the beautiful St. +John's, or, as it was then known--"The River of May." + +But the French of that era, when in pursuit of qualified self-government +or of any principle, either civil or religious, were not unlike their +countrymen of the present time. They found it difficult to make +enthusiasm subordinate to the mechanism of progress, and to restrain the +elastic vapor which properly directed gives energy to humanity, but +which heedlessly handled destroys what it should impel or guide. +Religious enthusiasm is not miraculously fed by ravens in the +wilderness. Coligny's emigrants were improvident or careless settlers. +Their supplies wasted. They were not only gratified by the sudden relief +from royal oppression, but the removal of a weight, gave room for the +display of that secret avarice, which, more or less, possesses the +hearts of all men. They had heard of the Spaniard's success, and were +seized with a passion for sudden wealth. They became discontented with +the toil of patient labor and slow accretion. Mutiny ripened into +rebellion. A party compelled Laudonniere to suffer it to embark for +Mexico; but its two vessels were soon employed in piratical enterprises +against the Spaniards. Some of the reckless insurgents fell into the +hands of the men they assailed, and were made prisoners and sold as +slaves, while the few who escaped, were, on their return, executed by +orders of Laudonniere. + +The main body of the colonists who had either remained true to their +duty or were kept in subjection, had, meanwhile, become greatly +disheartened by these occurrences and by the failing supplies of their +settlement, when they were temporarily relieved by the arrival of the +celebrated English adventurer--Sir John Hawkins. Ribault soon after came +out from France to take command, and brought with him new emigrants, +seeds, animals, agricultural implements, and fresh supplies of every +kind. + +These occurrences, it will be recollected, took place in Florida, within +the ancient claim of Spain. It is true that the country was a +wilderness; but Spain still asserted her dominion, though no beneficial +use had been made of the neglected forest and tangled swamp. At this +epoch, a certain Pedro Melendez de Aviles--a coarse, bold, bloody man, +who signalized himself in the wars in Holland against the Protestants, +and was renowned in Spanish America for deeds which, even in the loose +law of that realm, had brought him to justice, was then hanging about +the Court of Philip II. in search of plunder or employment. He perceived +a tempting "mission" of combined destruction and colonization in the +French Protestant settlement in Florida; and, accordingly, a compact was +speedily made between himself and his sovereign, by which he was +empowered, in consideration of certain concessions and rights, to invade +Florida with at least five hundred men, and to establish the Spanish +authority and Catholic religion. + +An expedition, numbering under its banner more than twenty-five hundred +persons, was soon prepared. After touching, with part of these forces, +on the Florida coast, in the neighborhood of the present river Matanzas, +the adventurer sailed in quest of the luckless Huguenots, whose vessels +were soon descried escaping seaward from a combat for which they were +unprepared. For a while, Melendez pursued them, but abandoning the +chase, steered south once more, and entering the harbor on the coast he +had just before visited, laid the foundations of that quaint old Spanish +town of ST. AUGUSTINE, which is the parent of civic civilization on our +continent. Ribault, meanwhile, who had put to sea with his craft, lost +most of his vessels in a sudden storm on the coast, though the greater +part of his companions escaped. + +But Melendez, whose ships suffered slightly from this tempest, had no +sooner placed his colonists in security, at St. Augustine, than he set +forth with a resolute band across the marshy levels which intervened +between his post and the St. John's. With savage fury the reckless +Spaniard fell on the Huguenots. The carnage was dreadful. It seems to +have been rather slaughter than warfare. The Huguenots, unprepared for +battle, little dreamed that the wars of the old world would be +transferred to the new, and vainly imagined that human passion could +find victims enough for its malignity without crossing the dangerous +seas. Full two hundred fell. Many fled to the forest. A few surrendered, +and were slain. Some escaped in two French vessels that fortunately +still lingered in the harbor. The wretches who had been providentially +saved from the wreck, were next followed and found by this Castilian +monster. "Let them surrender their flags and arms," said he, "and thus +placing themselves at my discretion, I may do with them what God in his +mercy desires!" Yet, as soon as they yielded, they were bound and +marched through the forest to St. Augustine, and, as they approached the +fort which had been hastily raised on the level shores, the sudden blast +of a trumpet was the signal for the musketeers to pour into the crowd a +volley that laid them dead on the spot. It was asserted that these +victims of reliance on Spanish mercy, were massacred, "not as Frenchmen, +but as Lutherans;"--and thus, about nine hundred Protestant human +beings, were the first offering on the soil of our present Union to the +devilish fanaticism of the age. + +But the bloody deed was not to go unrevenged. A bold Gascon, Dominic de +Gourgues, in 1567, equipped three ships and set sail for Florida. He +swooped down suddenly, like a falcon on the forts at the mouth of the +St. John's, and putting the occupants to the sword, hanged them in the +forest, inscribing over their dangling corpses, this mocking reply to +the taunt at the Lutherans: "I do this not as unto Spaniards and +sailors, but as unto murderers, robbers and traitors!" + +The revenge was merciless; and thus terminated the first chapter in the +history of religious liberty in America. BLOOD stained the earliest +meeting between Catholic and Protestant on the present soil of our +Union! + + * * * * * + +The power of Spain, the unattractiveness of our coast, the indifferent +climate, and the failure to find wealthy native nations to plunder, kept +the northern part of our continent in the back ground for the greater +part of a century after the voyages of Columbus and Cabot. There were +discouragements at that time for mercantile or maritime enterprise, +which make us marvel the more at the energy of the men who with such +slender vessels and knowledge of navigation, tempted the dangers of +unknown seas. + +Emigration from land to land, from neighboring country to neighboring +country, was, at that epoch, a formidable enterprise; what then must we +think of the hardihood, or compulsion, which could either tempt or drive +men, not only over conterminous boundaries, but across distant seas? +Feudal loyalty and the strong tie of family, bound them not only to +their local homes, but to their native land. The lusty sons of labor +were required to till the soil, while their stalwart brethren, clad in +steel, were wandering on murderous errands, over half of Europe, +fighting for Protestantism or Catholicity. Adventure, then, in the shape +of colonization, must hardly be thought of, from the inland states of +the old world; and, even from the maritime nations, with the exception +of Spain and Portugal, we find nothing worthy of record, save the +fisheries on the Banks, the small settlements of the French in Acadia +and along the St. Lawrence, and the holy efforts of Catholic +Missionaries among the Northern Indians. If we did not know their zeal +to have been Christian, it might almost be considered romantic. + +Soon after the return of De Gourgues from his revengeful exploit, the +report of the daring deed and its provocation, was spread over Europe, +and excited the people's attention to America more eagerly than ever. +Among those who were attracted to the subject, was a British gentleman, +whose character and misfortunes have always engaged my sincere +admiration. + +Sir Walter Raleigh was the natural offspring of the remarkable age in +which he lived. We owe him our profoundest respect, for it was Sir +Walter who gave the first decided impulse to our race's beneficial +enjoyment of this continent. It was his fortune to live at a time of +great and various action. The world was convulsed with the throes of a +new civilization, and the energy it exhibited was consequent upon its +long repose. It was an age of transition. It was an age of coat and +corselet--of steel and satin--of rudeness and refinement,--in which the +antique soldier was melting into the modern citizen. It was the twilight +of feudalism. Baronial strongholds were yielding to municipal +independence. Learning began to teach its marvels to the masses; warfare +still called chivalrous men to the field; a spirited queen, surrounded +by gallant cavaliers, sat on a dazzling throne; adventurous commerce +armed splendid navies and nursed a brood of hardy sailors; while the +mysterious New World invited enterprise to invade its romantic and +golden depths. It was peculiarly an age of thought and action; and is +characterized by a vitality which is apparent to all who recollect its +heroes, statesmen, philosophers and poets. + +Sir Walter Raleigh was destined, by his deeds and his doom, to bring +this northern continent, which we are now enjoying, into prominent +notice. He was the embodiment of the boyhood of our new world. In early +life he had been a soldier, but the drift of his genius led him into +statesmanship. He was a well known favorite of the Virgin Queen. A +spirit of adventure bore him across the Atlantic, where, if the occasion +had offered, he would have rivalled Cortez in his courageous hardihood, +and outstripped him in his lukewarm humanity. He became a courtier; and, +mingling in the intrigues of the palace, according to the morals of the +age, was soon too great a favorite with his sovereign to escape the +dislike of men who beheld his sudden rise with envy. From the palace he +passed to prison; and, scorning the idleness which would have rusted so +active an intellect, he prepared that remarkable History of the World, +wherein he concentrated a mass of rare learning, curious investigation, +and subtle thought, which demonstrate the comprehensive and yet minute +character of his wonderful mind. A volume of poems shows how sweetly he +could sing. The story of his battles, discloses how bravely he could +fight. The narrative of his voyages proves the boldness of his +seamanship. The calmness of his prison life teaches us the manly lesson +of endurance. The devotion of his wife, denotes how deeply he could +love; while his letters to that cherished woman--those domestic records +in which the heart divulges its dearest secrets--teem with proofs of his +affection and Christianity. Indeed, the gallantry of his courtiership; +the foresight of his statecraft; the splendid dandyism of his apparel; +the wild freedom and companionship of his forest life, show how +completely the fop and the forager, the queenly pet and loyal subject, +the author and the actor, the noble and the democrat, the soldier and +the scholar, were, in the age of Elizabeth and James, blent in one man, +and that man--Sir Walter Raleigh. + +Do we not detect in this first adventurous and practical patron of North +America, many of the seemingly discordant qualities which mingle so +commonly in the versatile life of our own people? If the calendar of +courts had its saints, like the calendar of the church, well might Sir +Walter have been canonized as protector of the broad realm for which the +brutal James made him a martyr to the jealousy and fear of Spain.[2] + +Queen Elizabeth was the first British Sovereign who built up that +maritime power of England which has converted her magnificent +Island--dot as it is, in the waste of the sea--into the wharf of the +world. She was no friend of the Spaniards, and she had men in her +service who admired Spanish galeons. Wealth, realized in coin, and gold +or silver, in bulk, were tempting merchandize in frail vessels, which +sailors, half pirate, half privateer, might easily deliver of their +burden. It was easier to rob than to mine; and, while Spain performed +the labor in the bowels of the earth, England took the profit as a prize +on the sea! Such were some of the elements of maritime success, which +weakened Spain by draining her colonial wealth, while it enriched her +rival and injured the Catholic sovereign. + +Yet, in the ranks of these adventurers, there were men of honest +purpose; and, among the first whose designs of colonization on this +continent were unquestionably conceived in a spirit of discovery and +speculation, was the half brother of Sir Walter Raleigh--Sir Humphrey +Gilbert. But Sir Humphrey, while pursuing his northern adventures, was +unluckily lost at sea, and Sir Walter took up the thread where his +relative dropped it. I regret that I have not time to pursue this +subject, and can only say that his enterprises were, doubtless, the +germ of that colonization, which, by degrees, has filled up and formed +our Union. + +You will remember the striking difference between colonization from +England, and the colonization from other nations of ancient and modern +times. The short, imperfect navigation of the Greeks, along the shores +and among the islands of their inland sea, made colonization rather a +diffusive overflow, than an adventurous transplanting of their people. +They were urged to this oozing emigration either by personal want, by +the command of law, or by the oracles of their gods, who doubtless spoke +under the authority of law. Where the national religion was a unit in +faith, there was no persecution to drive men off, nor had the spirit of +adventure seized those primitive classics with the zeal of "annexation" +that animated after ages. + +The Roman colonies were massive, military progresses of population, +seeking to spread national power by conquest and permanent encampment. + +Portugal and Spain, mingled avarice and dominion in their conquests or +occupation of new lands. + +The French Protestants were, to a great extent, prevented by the bigotry +of their home government, as well as by foreign jealousy, from obtaining +a sanctuary in America. France drove the refugees chiefly into other +European countries, where they established their manufacturing industry; +and thus, fanaticism kept out of America laborious multitudes who would +have pressed hard on the British settlements. In the islands, a small +trade and the investment of money, rather than the desire to acquire +fortune by personal industry, were the motives of the early and regular +emigration of Frenchmen. + +The Dutch, devoted to trade, generally located themselves where they +"have just room enough to manifest the miracles of frugality and +diligence."[3] + +Thus, wherever we trace mankind abandoning its home, in ancient or +modern days, we find a selfish motive, a superstitious command, a love +of wealth, a lust of power, or a spirit of robbery, controlling the +movement. The first adventurous effort towards the realization of actual +settlement on this continent, was, as we have seen, made by the +persecuted Huguenots, and was, probably, an attempt rather to fly from +oppression, than to establish religious freedom. The first English +settlement, also, was founded more upon speculation than on any novel or +exalted principle. There was a quest of gold, a desire for land, and an +honest hope of improving personal fortunes. + +VIRGINIA had been a charter government, but, in 1624, it was merged in +the Royal Government. The crown reassumed the dominion it had granted to +others. Virginia, in the first two decades of the seventeenth century, +although exhibiting some prosperous phases, was nothing more than a +delicate off-shoot from the British stock, somewhat vigorous for its +change to virgin soil, but likely to bear the same fruit as its parent +tree. Virginia was a limb timidly transplanted,--not a branch torn off, +and flung to wither or to fertilize new realms by its decay. This +continent, with all that a century and a half of maritime coasting had +done for it, was but thinly sprinkled with settlements, which bore the +same proportion to the vast continental wilderness that single ships or +small squadrons bear to the illimitable sea. But the spirit of +adventure, the desire for refuge, the dream of liberty, were soon to +plant the seeds of a new civilization in the Western World. + + * * * * * + +Henry VIII, Founder of the English Church, as he had, whilom, been, +Defender of the Roman Faith, was no friend of toleration; but the rigor +of his system was somewhat relaxed during the reign of the sixth Edward. +Mary, daughter of Henry, and sister of Edward, re-constructed the great +ancestral church, and the world is hardly divided in opinion as to the +character of her reign. Elizabeth re-established the church that had +been founded by her father; and her successor James I of England and VI +of Scotland,--the Protestant son of a Catholic mother,--while he openly +adhered to the church of his realm, could not avoid some exhibitions of +coquettish tenderness for the faith of his slaughtered parent. + +But, amid all these changes, there was one class upon which the wrath of +the Church of England and of the Church of Rome, met in accordant +severity;--this was the Puritan and ultra Puritan sect,--to which I have +alluded at the commencement of this discourse,--whose lot was even more +disastrous under the Protestant Elizabeth, than under the Catholic Mary. +The remorseless courts of her commissioners, who inquisitorially tried +these religionists by interrogation on oath, imprisoned them, if they +remained lawfully silent and condemned them if they honestly confessed! + +A congregation of these sectaries had existed for some time on the +boundaries of Lincoln, Nottingham and York, under the guidance of +Richard Clifton and John Robinson, the latter of whom was a modest, +polished, and learned man. This christian fold was organized about 1602; +but worried by ceaseless persecution, it fled to Holland, where its +members, fearing they would be absorbed in the country that had +entertained them so hospitably, resolved in 1620 to remove to that +portion of the great American wilderness, known as North Virginia. Such, +in the chronology of our Continent, was the first decisive emigration of +our parent people to the New World, _for the sake of opinion_. + +It is neither my purpose, nor is it necessary, to sketch the subsequent +history of this New England emigration, or of the followers, who swelled +it into colonial significance. + +Its great characteristic, seems to me, to have been, an unalterable will +to worship God according to _its_ own sectarian ideas, and to afford an +equal right and protection to all who thought as _it_ did, or were +willing to conform to its despotic and anchoritic austerity. It is not +very clear, what were its notions of abstract political liberty; yet +there can be very little doubt what its practical opinions of equality +must have been, when we remember the common dangers, duties, and +interests of such a band of emigrants on the dreary, ice-bound, savage +haunted, coasts of Massachusetts. + + "_When Adam delved, and Eve span, + Pray who was then the gentleman?_" + +may well be asked of a community which for so long a time, had been the +guest of foreigners, and now saw the first great human and divine law of +liberty and equality, taught by the compulsion of labor and mutual +protection, on a strip of land between the sea and the forest. The +colonists were literally reduced to first principles; they were stripped +of the comforts, pomps, ambitions, distinctions, of the Old World, and +they embraced the common destiny of a hopeful future in the New.[4] They +had been persecuted for their opinions, but that did not make them +tolerant of the opinions of their persecutors. It was better, then, that +oppressor and oppressed should live apart in both hemispheres; and thus, +in sincerity, if not in justice, their future history exhibits many bad +examples of the malign spirit from which they fled in Europe. If they +were, essentially, Republicans, their democracy was limited to a +political and religious equality of Puritan sectarianism;--it had not +ripened into the democracy of an all embracing Christianity.[5] + +These occurrences took place during the reign of the prince who united +the Scottish and English thrones. At the Court of James, and in his +intimate service, during nearly the whole period of his sovereignty, was +a distinguished personage, who, though his name does not figure grandly +on the page of history, was deeply interested in the destiny of our +continent. + +SIR GEORGE CALVERT, was descended from a noble Flemish family, which +emigrated and settled in the North of England, where, in 1582, the +Founder of Maryland was born. After taking his Bachelor's degree at +Oxford and travelling on the Continent, he became, at the age of +twenty-five, private Secretary to Sir Robert Cecil, the Lord +Treasurer--afterwards the celebrated Earl of Salisbury. In 1609, he +appears as one of the patentees named in the new Charter then granted to +the Virginia Company. After the death of his ministerial patron, he was +honored with knighthood and made clerk of the crown to the Privy +Council. This brought him closely to the side of his sovereign. In 1619, +he was appointed one of the Secretaries of State, and was then, also, +elected to Parliament; first for his native Yorkshire, and subsequently +for Oxford. He continued in office, under James, as Secretary of State, +until near that monarch's death, and resigned in 1624. + +Born in the Church of England, Sir George, had, in the course of his +public career, become a Roman Catholic. With the period or the means of +his conversion from the court-faith to an unpopular creed, we have now +no concern. Fuller, in his "Worthies of England," asserts that Calvert +resigned in consequence of his change of religion;--other writers, +relying, perhaps, more on the _obiter dicta_ of memoirs and history, +believe that his convictions as to faith had changed some years before. +Be that, however, as it may, the resignation, and its alleged cause +which was well known to his loving master, James, produced no ill +feeling in that sovereign. He retired in unpersecuted peace. He was even +honored by the retention of his seat at the Privy Council;--the King +bestowed a pension for his faithful services;--regranted him, in fee +simple, lands which he previously held by another tenure; and, finally, +created him Lord Baron of Baltimore, in Ireland.[6] + +Whilst Sir George was in office, his attention, it seems, had been early +directed towards America; and in 1620, he is still mentioned in a list +of the members of the Virginia Company. Soon after, he became concerned +in the plantation of Newfoundland, and finally, obtained a patent for +it, to him and his heirs, as Absolute Lord and Proprietary, with all the +royalties of a Count Palatine. We must regret that the original, or a +copy of this grant for the province of Avalon, in Newfoundland, has not +been recently seen, or, if discovered, transmitted to this country. + +Here, Sir George built a house; spent L25,000 in improvements; removed +his family to grace the new Principality; manned ships, at his own +charge, to relieve and guard the British fisheries from the attacks of +the French; but, at length, after a residence of some years, and an +ungrateful return from the soil and climate, he abandoned his luckless +enterprise. + +Yet, it was soil and climate alone that disheartened the Northern +adventurer:--he had not turned his back on America. In 1629 he repaired +to Virginia, in which he had been so long concerned, and was most +ungraciously greeted by the Protestant royalists, with an offer of the +Test-Oaths of Allegiance and supremacy. Sir George, very properly +refused the challenge, and departed with his followers from the +inhospitable James River, where the bigotry of prelacy denied him a +foothold within the fair region he had partly owned. + +But, before he returned to England, he remembered that Virginia was now +a Royal Province and no longer the property of corporate +speculation;--he recollected that there were large portions of it still +unoccupied by white men, and that there were bays and rivers, pouring, +sea-like, to the ocean, of which grand reports had come to him when he +was one of the committee of the Council for the affairs of the +Plantations. Accordingly, when he left the James River, he steered his +keel around the protecting peninsula of Old Point Comfort, and ascending +the majestic Chesapeake, entered its tributary streams, and laid, in +imagination, at least, the foundations of Maryland. + +His examination of the region being ended, Calvert went home to England, +and in 1632, obtained the grant of Maryland from Charles I, the son of +his royal patron and friend. The charter, which is said to have been the +composition of Sir George, did not, however, pass the seals until after +the death of its author; but was issued to his eldest son and heir, +Cecilius, on the 20th of June, 1632. The life of Sir George had been one +of uninterrupted personal and political success; his family was large, +united and happy; if he did not inherit wealth, he, at least, contrived +to secure it; and, although his conscience taught him to abandon the +faith of his fathers, his avowal of the change had been the signal for +princely favors instead of political persecution. + +Here the historic connexion of the _first_ LORD BALTIMORE with Maryland +ends. The real work of Plantation was the task of CECILIUS, the first +actual Lord Proprietary, and of LEONARD CALVERT, his brother, to whom, +in the following year, the heir of the family intrusted the original +task of colonial settlement. If anything was done by SIR GEORGE, in +furtherance of the rights, liberties, or interests of humanity, so far +as the foundation of Maryland is concerned, it was unquestionably +effected anterior to this period, for we have no authority to say, that +after his death, his children were mere executors of previous designs, +or, that what was then done, was not the result of their own provident +liberality. I think there can be no question that the charter was the +work of Sir George. That, at least, is his property; and he must be +responsible for its defects, as well as entitled to its glory.[7] + +I presume it is hardly necessary for me to say what manner of person the +King was, whom Calvert had served so intimately during nearly a whole +reign. James is precisely the historical prodigy, to which a reflective +mind would suppose the horrors of his parentage naturally gave birth. In +royal chronology he stands between two axes,--the one that cleft the +ivory neck of his beautiful mother--the other that severed the +irresolute but refined head of his son and heir. His father, doubtless, +had been deeply concerned in the shocking murder of his mother's second +husband. Cradled on the throne of Scotland; educated for Kingship by +strangers; the ward of a regency; the shuttle-cock of ambitious +politicians; the hope and tool of two kingdoms,--James lived during an +age in which the struggle of opinion and interest, of prerogative and +privilege, of human right and royal power, of glimmering science and +superstitious quackery, might well have bewildered an intellect, +brighter and calmer than his. The English people, who were yet in the +dawn of free opinions, but who, with the patience that has always +characterized them, were willing to obey any symbol of order,--may be +said, rather to have tolerated than honored his pedantry in learning, +his kingcraft in state, his petulance in authority, and his manifold +absurdities, which, while they made him tyrannical, deprived him of the +dignity that sometimes renders even a tyrant respectable. + +You will readily believe that a man like George Calvert found it +sometimes difficult to serve such a sovereign, in intimate state +relations. In private life he might not have selected him for a friend +or a companion. But James was his King; the impersonation of British +Royalty and nationality. In serving him, he was but true to England; +and, even in that task, it, no doubt, often required the whole strength +of his heart's loyalty, to withstand the follies of the royal buffoon. +Calvert, I think, was not an enthusiast, but, emphatically, a man of his +time. His time was not one of Reform, and he had no brave ambition to be +a Reformer. Accustomed to the routine of an observing and technical +official life, he was, essentially a practical man, and dealt, in +politics, exclusively with the present. Endowed, probably, with but +slender imagination, he found little charm or flavor in excursive +abstractions. His maxim may perhaps have been--"_quieta ne +movete_,"--the motto of moderate or cautions men who live in disturbed +times, preceding or succeeding revolutions, and think it better-- + + "---- to bear those ills we have + "Than fly to others that we know not of!" + +Yet, with all these characteristics, no one will hesitate to believe +that Calvert was a bold and resolute person, when it is recollected that +he visited the wilderness of the New World in the seventeenth century, +and projected therein the formation of a British Province. + +But, in truth, our materials for his biography are extremely scant. He +died at the very moment when America's chief interest in him began. He +belonged to the Court Party, as distinguished from the Country Party. He +is known to have been a zealous supporter of the "supremacy of +authority." He held, that "America, having been acquired by conquest, +was subject, exclusively, to the control of royal prerogative." He was +the defender of the Court in its diplomacy; and, ultra as James was in +his monarchical doctrines, there can be little doubt that he would have +dismissed Calvert from office, had there not been concord between the +crown and its servant, as to the policy, if not the justice, of the +toryism they both professed. But let us not judge that century by the +standards of this. That would be writing history from a false point. Let +us not condemn rulers who seem to be despotic in historic periods of +transition--in periods of mutual intolerance and distrust--in periods +when men know nothing, from practical experience, of the capacity of +mankind for self government.[8] + +The charter which Sir George Calvert framed, and the successor of James +granted, was precisely the one we might justly suppose such a subject, +and such a sovereign would prepare and sign. It invested the Lord +Proprietary with all the royal rights, enjoyed by the Bishop of Durham, +within the County Palatine of Durham. He was the source of justice. He +was the fountain of honor, and allowed to decorate meritorious +provincials with whatever titles and dignities he should appoint. He had +the power to establish feudalism and all its incidents. He was not +merely the founder and filler of office, but he was also the sole +executive. He might erect towns, boroughs and cities;--he might pardon +offences and command the forces. As ecclesiastical head of the Province, +he had the right to found churches, and was entitled to their +advowsons.[9] In certain cases he had the dangerous privilege of issuing +ordinances, which were to have the force of sovereign decrees. In fact, +allegiance to England, was alone preserved, and the Lord Proprietary +became an autocrat, with but two limitations: 1st, the laws were to be +enacted by the Proprietary, with the advice and approbation of the free +men, or free-holders or their deputies,--the "_liberi homines_" and +"_liberi tenentes_," spoken of in the charter;--and 2nd, "no +interpretation" of the charter was "to be made whereby God's Holy Rights +and the true Christian Religion, _or_ the allegiance due to us," (the +King of England,) "our heirs and successors, may, in any wise, suffer by +change, prejudice or diminution." Christianity and the King--I blush to +unite such discordant names--were protected in equal co-partnership.[10] + +The first of these reserved privileges of the people, the Lord +Proprietary Cecilius understood, to mean, that _he_ had the exclusive +privilege of proposing laws, and that the free-men, or free-holders of +his province, could only accept or reject his propositions. These laws +of the province were not to be submitted to the King for his approval, +nor had he the important _right of taxation_, which was expressly +relinquished. In the early legislation of Maryland, this supposed +exclusive right of proposing laws by the Proprietary, was soon tested by +mutual rejections, both by the legislative Assembly and by Cecilius, of +the Acts, which each had separately passed or prepared. + +But the other clause, touching "God's Holy Rights and the true Christian +Religion," was one, in regard to the practical interpretation of which, +I apprehend, there was never a moment's doubt in the mind either of the +people or of the Proprietary. It is a radiant gem in the antique setting +of the charter. It is the glory of Calvert. It is the utter obliteration +of prejudice among all who professed Christianity. Toleration was +unknown in the old World; but this was more than toleration, for it +declared freedom at least to _Christians_,--yet it was not perfect +freedom, for it excluded that patient and suffering race--that chosen +people--who, to the disgrace even of republican Maryland, within my +recollection, were bowed down by political disabilities. + +I am aware that many historians consider the religious freedom of +Maryland as originating in subsequent legislation, and claim the act of +1649 as the statute of toleration. I do not agree with them. Sir George +Calvert had been a Protestant;--he became a Catholic. As a Catholic, he +came to Virginia, and in the colony where he sought to settle, he found +himself assailed, for the first time in his life, by Protestant +virulence and incapacitation. He was now, himself, about to become a +Lord Proprietor. The sovereign who granted his charter was a Protestant, +and moreover, the king of a country whose established religion was +Protestant. The Protestant monarch, of course, could not _grant_ +anything which would compromise him with his Protestant subjects; yet +the Catholic nobleman, who was to take the beneficiary charter, could +not _receive_, from his Protestant master, a grant which would assail +the conscience of co-religionists over whom he was, in fact, to be a +sovereign. In England, the King had no right to interfere with the +Church of England; but in America, which was a vacant, royal domain, his +paramount authority permitted him to abolish invidious ecclesiastical +distinctions. Calvert, the Catholic, must have been less than a man, if +he forgot his fellow sufferers and their disabilities when he drew his +charter. His Protestant recollections taught him the vexations of +Catholic trials, while his Catholic observation informed him sharply of +Protestant persecution. Sectarianism was already rampant across the +Atlantic.[11] The two British lodgments, in Virginia and New England, +were obstinately sectarian. Virginia was Episcopalian; New England was +Puritan;--should Maryland be founded as an exclusively Protestant +province, or an exclusively Catholic settlement? It is evident that +either would be impossible:--the latter, because it would have been both +impolitic and probably illegal; and the former because it would have +been a ridiculous anomaly to force a converted Catholic, to govern a +colony wherein his own creed was not tolerated by a fundamental and +unalterable law. It is impossible to conceive that the faith of Calvert +and the legal religion of Charles, did not enter into their +deliberations, when they discussed the Charter; and, doubtless, both +subject and sovereign justly decided to make "THE LAND OF MARY," which +the Protestant Charles baptised in honor of his Catholic Queen, a free +soil for Christianity. It was Calvert's duly and interest to make +Charles tolerant of Catholic Christianity; nor could he deny to others +the immunity he demanded for himself and his religious brethren. The +language of the charter, therefore, seems explicit and incapable of any +other meaning. There were multitudes of Catholics in England, who would +be glad to take refuge in a region where they were to be free from +disabilities, and could assert their manhood. The king, moreover, +secured for his Catholic subjects a quiet, but chartered banishment, +which still preserved their allegiance. At the court there was much +leaning towards the church of Rome. It was rather fashionable to believe +one way, and conform another. The Queen was zealous in her ancestral +faith; and her influence over the king, colored more than one of his +acts. Had Calvert gone to the market place, and openly proclaimed, that +a Protestant king, by a just charter of neutrality, had established an +American sanctuary for Catholics, and invited them thither under the +banner of the cross, one of his chief objects, must have been at once +defeated; for intolerance would have rallied its parties against the +project, and the dream of benevolence would have been destroyed for +ever. If by the term, "God's Holy Rights and the true Christian +religion," the charter meant, _the church of England_, then, _ex vi +termini_, Catholicity could never have been tolerated in Maryland; and +yet it is unquestionable that the original settlement was made under +Catholic auspices--blessed by Catholic clergymen--and acquiesced in by +Protestant followers. Was it not wise, therefore, to shield conscience +in Maryland, under the indefinite but unsectarian phraseology of "God's +Holy Rights and the true Christian Religion?"[12] + + * * * * * + +So far, then, for the basis of the charter, and for the action of Sir +George Calvert. After his death, the planting of the colony took place +under the administration of Cecilius, who, remaining in Europe, +dispatched his brother Leonard to America to carry out his projects. + +If the personal history of the Calverts is scant, the history of the +early days of Maryland is scarcely less so; but the industry of +antiquarians, and the researches of a learned Catholic clergyman, have +brought to light two documents which disclose much of the religious and +business character of the settlement. The work entitled:--"A RELATION OF +MARYLAND," which was published in London in 1635, and gave the first +account of the planting of the province, is a minute, mercantile, +statistical, geographical and descriptive narrative of the landing and +locating of the adventurers who set sail in 1633, and of their genial +intercourse with the aborigines. If I had time, it would be pleasing to +sum up the facts of this historical treasure, which was evidently +prepared under the direction of Cecilius, Lord Baltimore, if not +actually written by him. It is full of the spirit of careful, honest +enterprise; and exhibits, I think, conclusively, the fact that the +design of Calvert, in establishing this colony, was mainly the creation +of a great estate, manorial and agricultural, whose ample revenues +should, at all times, supply the needs of his ten children and their +descendants. + +The other document to which I refer, is a manuscript discovered some +years ago, by the Rev. Mr. McSherry, in the archives of the college of +the Propaganda, at Rome, and exhibits the zeal with which the worthy +Jesuits, whom Lord Baltimore sent forth with the first settlers, applied +themselves to the christianization of the savages. It presents some +beautiful pictures of the simple life of these devotees. It shows that, +in Maryland, the first step was _not_ made in crime; and that the +earliest duty of the Governor, was not only to conciliate the Indian +proprietors, but to purchase the land they were willing to resign. Nor +was this all; there was provident care for the soul as well as the soil +of the savage. There is something rare in the watchful forethought which +looks not only to the present gain or future prospects of our fellow +men, which takes heed not only of the personal rights and material +comforts of the race it is displacing, but guards the untutored savage, +and consigns him to the vigilance of instructed piety. This "NARRATIVE +OF FATHER WHITE," and the Jesuits' letters, preserved in the college at +Georgetown, portray the zeal with which the missionaries, in their frail +barks, thridded the rivers, coves and inlets of our Chesapeake and +Patapsco;--how they raised the cross, under the shadow of which the +first landing was effected;--how they set up their altars in the wigwams +of the Indians, and sought, by simplicity, kindness and reason, to reach +and save the Indian. In Maryland, persecution was dead at the +founding;--prejudice, even, was forbidden. The cruelties of Spanish +planting were unknown in our milder clime. No violence was used, to +convert or to appropriate, and thus, the symbol of salvation, was +properly raised on the green Isle of St. Clement, as an emblem of the +peace and good will, which the Proprietary desired should sanctify his +enterprise.[13] + +I think there ran be no doubt that this adventure had the double object +of affording an exile's refuge to Calvert's co-religionists, as well as +of promoting the welfare of his family. It was designed for land-holders +and laborers. It was a manorial, planting colony. Its territory was +watered by two bays, several large rivers, and innumerable streams. Its +fertile lands and thick forests, invited husbandmen, while its capacious +coasts tempted the hardy fisherman. And so it is, that in the Arms which +were prepared for the Proprietary government, the baronial shield of the +Calvert family, dropped, in America, its two supporting leopards, and +received in their stead, on either side, a Fisherman and a Farmer. +"Crescite et Multiplicamini,"--its motto,--was a watchword of provident +thrift. + + * * * * * + +Forty-nine years after the charter was granted to Lord Baltimore, King +Charles II issued a patent, for a magnificent patrimony in America, to +WILLIAM PENN. + +But what a change, in that half century, had passed over the world! A +catalogue of the events that took place, in Great Britain alone, is a +history of the growth of Opinion and of the People. + +Charles's efforts to overthrow the Presbyterian Church in Scotland, and +to enforce Episcopacy, brought on the war with the stern enthusiasts of +that country. Laud, in the Church, and the Earl of Strafford, in the +Cabinet, kept the King in a constant passion of royal and ecclesiastical +power. Strafford fell, and the civil war broke out. Cromwell towered up +suddenly, on the bloody field, and was victorious over the royalists. +The King perished on the scaffold. Cromwell became Lord Protector. Anon, +the commonwealth fell; the Stuarts were restored, and Charles II +ascended the throne;--but amid all these perilous acts of political and +religious fury, the world of thought had been stirred by the speeches +and writings, of Taylor, Algernon Sydney, Hampden, and Milton. As the +people gradually felt their power they learned to know their rights, +and, although they went back from Republicanism to Royalty, they did so, +perhaps, only to save themselves from the anarchy that ever threatens a +nation while freeing itself from feudal traditions. + +Besides these political and literary phases of the time, there had been +added to the Catholic, Episcopal, and Puritan sects, a _new_ element of +religious power, which was destined to produce a slow but safe +revolution among men. + +An humble shoemaker, named GEORGE FOX, arose and taught that "every man +was complete in himself; he stood in need of no alien help; the light +was free of all control,--above all authority external to itself. Each +human being, man or woman, was supreme." The christian denomination +called Quakers, or more descriptively--"Friends,"--- thus obtained a +hearing and a standing among all serious persons who thought Religion a +thing of life as well as of death. + +Quakerism, with such fundamental principles of equality in constant +practice, became a social polity. If the Quaker was a Democrat, he was +so because the "inner light" of his christianity made him one, and he +dared not disobey his christianity. He recognized no superiors, for his +conscience taught him to deny any privileges to claimed superiority. But +the Quaker added to his system, an element which, hitherto, was unknown +in the history of sects;--he was a Man of Peace. It is not to be +supposed that any royal or ecclesiastical government would allow such +radical doctrines to pass unnoticed, in the midst of a society which was +ever greedy for new teachings. The Quaker, therefore, soon participated +in the persecutions which prelacy thought due to liberal christianity. +But persecution of the Friend, was the Friend's best publication, for he +answered persecution, not by recantation, but by peaceful endurance. +Combative resistance, in religious differences, always gives the victor +a right, or at least, an excuse, to slay. But Quakerism, a system of +personal and religious independence and peace,--became slowly successful +by the _vis inertiae_ of passive resistance. All other sects were, more +or less, combative;--Quakerism was an obstinate rock, which stood, in +rooted firmness, amid a sea of strife:--the billows of faction raged +around it and broke on its granite surface, but they wasted +themselves--_not_ the rock! And this is a most important fact in the +history of Religion in its development of society. All other sects lost +caste, power or material, either by aggression or by fighting. But the +Quaker said to the Prelate, the Puritan, and the Catholic, you may annoy +us by public trials, by denial of justice, by misrepresentation, by +imprisonment, by persecution, by the stake,--yet we shall stand +immovable on two principles, which deny that God is glorified by +warfare--especially for opinion. Our principles are, equality and +peace--in the church and in the world. Equality is to make us humble and +good citizens. Peace is to convert this den of human tigers into a fold, +wherein by simply performing our duties to each other and to God, we may +prepare ourselves for the world of spirits. You can persecute--_we_ can +suffer. Who shall tire first? We will be victorious by the firmness that +bears your persecutions; and those very persecutions, while they publish +your shame, shall proclaim our principles as well as our endurance. They +knew, from the history of Charles 1st, that the worst thing to be done +with a bad king was to kill him; for, if the axe metamorphosed that +personage into a martyr, the prison could never extinguish the light of +truth in the doctrines of Quakerism![14] + + * * * * * + +You will pardon me, gentlemen, for having detained you so long in +discussing the foundation of Maryland. The planting of your own state is +familiar to you. It has been thoroughly treated in the writings of your +Proud, Watson, Gordon, Du Ponceau, Tyson, Fisher, Wharton, Reed, +Ingraham, Armstrong and many others. Can it be necessary for me to say a +word, in Philadelphia, of the history of WILLIAM PENN;--of him, who, as +a lawgiver and executive magistrate,--a practical, pious, +Quaker,--_first_ developed in state affairs, and reduced to practice, +the liberty and equality enjoined by his religion and founded on +liberal christianity;--of him who _first_ taught mankind the sublime +truth, that-- + + "Beneath the rule of men entirely great + "The PEN _is mightier than the sword? Behold_ + "The arch-enchanter's wand,--itself a nothing! + "But taking sorcery from the master hand + "To paralyse the Cesars! _Take away the sword_, + "_States can be saved without it!_" + +It would be idle to detail the facts of his life or government, for, not +only have Pennsylvanians recorded and dwelt upon them until they are +household lessons, but they have been favorite themes for French, +British, Italian, German and Spanish philosophers and historians. + + * * * * * + +It was Penn to whom the charter of 1681 was granted, half a century +after the patent issued to Cecilius Calvert. The instrument itself, has +many of the features of the Maryland grant; but it is well known that +the absolute powers it bestowed on the Proprietary, were only taken by +him in order that he might do as he pleased in the formation of a new +state, whose principles of freedom and peace, might, first in the +World's history, practically assume a national aspect. + +I shall not recount the democratic liberalities of his system, as it was +matured by his personal efforts and advice. Original, as he +unquestionably was, in genius; bold as he was in resisting the pomp of +the world, at a time when its vanities sink easiest and most +corruptingly into the heart,--we may nevertheless, say, that the deeds +and history of his time, as well as of the previous fifty years, had a +large share in moulding his character. + +In William Penn, the crude germs of religious originality, which, in +Fox, were struggling, and sometimes almost stifling for utterance, found +their first, ablest, and most accomplished expounder. He gave them +refinement and respectability. His intimacy with Algernon Sidney taught +him the value of introducing those principles into the doctrines of +government;--and thus, he soon learned that when political rights grow +into the sanctity of religious duties, they receive thereby a vitality +which makes them irresistible. Penn, in this wise, become an expanded +embodiment of Fox and Sidney; and, appropriating their mingled faith and +polity, discarded every thing that was doctrinal and not practical, and +realized, in government, their united wisdom. Nobly _in his age_, did he +declare: "I know what is said by the several admirers of monarchy, +aristocracy, and democracy, which are the rule of one, of a few, and of +the many, and are the three common ideas of government when men +discourse on that subject. But I choose to solve the controversy with +this small distinction, and it belongs to all three:--_any government is +free to the people under it, whatever be the frame, where the laws rule +and the people are a party to those laws; and more than this is tyranny, +oligarchy, and confusion._"[15] + +In these historical illustrations, I have striven to show that Primitive +Christianity was the basis of equal rights and responsibilities. The +alleged defence of this christianity, in the land of its birth, gave +rise to "holy wars," in which Feudalism and Chivalry originated. +Feudalism was the source of the strictest military dependence, as well +as of manifold social perversions. The knight expanded into a lord,--the +subject commoner dwindled to a soldier or a serf. Thus Feudalism and a +great historical Church, grew up in aristocratic co-partnership over the +bodies and souls of mankind, until the one, by the omnipotence of its +spiritual authority, ripened into an universal hierarchy, while the +other, by the folly of its "divine right," decayed into a temporal +despotism that fell at the first blow of the heads-man's axe. The +reformation and revolution broke the enchanter's wand; and, when the +cloud passed from the bloody stage, instead of seeing before us a +magician full of the glories of his art and almost deceived himself, by +the splendor of his incantations, we beheld a meagre and pitiful +creature, who though blind and palsied, still retained for a while, the +power of witch-like mischief. But his reign was not lasting. The stern +Puritan,--the pioneer of Independence,--advanced with his remorseless +weapon,--while quietly, in his shadow, followed the calm and patient +Friend, sowing the seed of Peace and Good-Will in the furrows plowed by +the steel of his unrelenting predecessor. And thus again, after ages of +corrupt and desolating perversion, the selfish heart of man came humbly +back to its original faith that Liberal Christianity is the true basis +of enlightened freedom, and the only foundation of good and lasting +government. + + * * * * * + +The bleak winds of March were blowing in Maryland, when Calvert +conciliated and purchased from the Indians at Saint Mary's; but Autumn +was + + "Laying here and there + "A fiery finger on the leaves," + +when Penn, also, established a perfect friendship with the savages at +Shackamaxon.[16] + +Calvert, a protestant officer of the crown, became a catholic, and, +retiring to private life, was rewarded by his king, with a pension, +estates, and an American principality;--Penn, the son of a British +Admiral, and who is only accurately known to us by a portrait which +represents him _in armor_, began life as an adherent of the Church of +England, and having conscientiously, doffed the steel for the simple +garb of Quakerism, was persecuted, not only by his government but his +parent. Calvert took the grant of a feudal charter, and asserting all +its legislative and baronial powers, sought to fasten its Chinese +influence, in feudal fixedness, on his colonists;--but Penn, knowing +that feudalism was an absurdity, in the necessary equality of a +wilderness, embraced his great authority in order "to leave himself and +his successors no power of doing mischief, so that the will of one man +might not hinder the good of a whole community."[17] + +Calvert seems to have thought of English or Irish emigration +alone;--Penn, did not confine himself to race, but sought for support +from the Continent as well as from Britain.[18] + +Calvert was ennobled for his services;--Penn rejected a birthright which +might have raised him to the peerage. + +Calvert's public life was antecedent to his American visit--Penn's was +almost entirely subsequent to the inception of his "holy experiment." + +Calvert laid the foundations of a mimic kingdom;--Penn, with the power +of a prince, stripped himself of authority. The one was naturally an +aristocrat of James's time; the other, quite as naturally, a democrat of +the transition age of Sidney. + +Calvert imagined that mankind stood still; but, Penn believed, that +mankind _ever_ moves, or, that like an army under arms, when not +marching, it is marking time. + +While to Calvert is due the honor of a considerable religious advance on +his age, as developed in his charter,--Penn is to be revered for the +double glory of civil and _perfect_ religious liberty. Calvert mitigated +man's lot by toleration;--Penn expanded the germ of toleration into +unconditional freedom. + +Calvert was the founder of a Planting Province, mainly agricultural, and +creative of all the manorial dependencies;--but Penn seems to have +heartily cherished the idea of a great City, and of the commerce it was +to gather and develope from a wilderness over which it was to stand as +guardian sentinel. As farming was the chief interest of the one, +trading, became, also, a favorite of the other; and thus, while the +_transient_ trader visited, supplied, and left the native Indian +free,--the _permanent_ planter settled forever on his "hunting grounds," +and drove him further into the forest. + +Calvert recognized the law of war;--Penn made peace a fundamental +institution. They both felt that civilized nations have a double and +concurrent life,--material and spiritual;--but Calvert sought rather to +develop one, while Penn addressed himself to the care of both. + +Calvert's idea was to open a new land by old doctrines, and to form his +preserving amber around a worthless fly;--but Penn's Pennsylvania was to +crystalize around the novel and lucid nucleus of freedom. + +Calvert supposed that America was to be a mere reflex of Britain, and +that the heart of his native Island would pulsate here; but Penn, seeing +that the future population of America, like the soil of the Mississippi +Valley, would be an alluvial deposit from the overflow of European +civilization, thought it right to plant a new doctrine of human rights, +which would grow more vigorously for its transplanting and culture. + + * * * * * + +The germs of Civil and Religious freedom may be found elsewhere in the +foundation of American provinces and colonies. I know they are claimed +for the cabin of the Mayflower, the rock of Plymouth, and the sands of +Rhode Island. But I think that William Penn is justly entitled to the +honor of adopting them on principle, after long and patient reflection, +as the seed of his people, and thus, of having taken from their +introduction by him into this country, all the disparagement of +originating either in discontent or accident. His plan was the offspring +of beautiful design, and not the gypsey child of chance or circumstance. + +History is to man what water is to the landscape,--it mirrors, but +distorts in its reflection, and the great founder of Pennsylvania has +suffered from this temporary distortion. But, at length, the water will +become still, and the image will be perfect. Penn is one of those +majestic figures that loom up on the waste of time, in the same eternal +permanence and simple grandeur in which the Pyramids rise in relief from +the sands of Egypt. Let no Arab displace a single stone! + + + + +APPENDIX No. I. + + +It is singular that the clause in the XXII section of Charles Ist's +charter to Lord Baltimore, relating to the interpretation of that +instrument in regard to religion, has never been accurately translated, +but that all commentators have, hitherto, followed the version given by +Bacon. I shall endeavor to demonstrate the error. + +The following parallel passages exhibit the original Latin, and Bacon's +adopted translation: + +ORIGINAL LATIN. + +The 22nd section of the charter of Maryland, copied from Bacon's Laws, +wherein it was adopted from an attested copy from the original record +remaining in the Chapel of Rolls in 1758: + +"SECTION XXII. Et si forte imposterum contingat Dubitationes aliquas +quaestiones circa verum sensum et Intellectum alicujus verbi clausulae vel +sententiae in hae presenti CHARTA nostra contentae generari EAM semper et +in omnibus Interpretationem adhiberi et in quibuscunque Curiis et +Praetoriis nostris obtinere VOLUMUS praecipimus et mandamus quae praefato +modo Baroni de BALTIMORE Haeredibus et Assignatis suis benignior utilior +et favorabilior esse judicabitur Proviso semper quod nulla fiat +Interpretatio per quam sacro-sancta DEI et vera Christiana Religio aut +Ligeantia NOBIS Haeredibus et successoribus nostris debita Immutatione +Prejudicio vel dispendio in aliquo patiantur:" &c. &c. + + ENGLISH TRANSLATION. + + Translation of the 22nd section of the charter, from Bacon's Laws of + Maryland, wherein it is copied from an old translation published by + order of the Lower House in the year 1725: + + "SECTION XXII. And if, peradventure, hereafter it may happen that + any doubts or questions should arise concerning the true sense and + meaning of any word, clause or sentence contained in this our + present charter, we will, charge, and command, THAT Interpretation + to be applied, always, and in all things, and in all our Courts and + Judicatories whatsoever, to obtain which shall be judged to be more + beneficial, profitable and favorable to the aforesaid now Baron of + BALTIMORE, his heirs and assigns: Provided always that no + interpretation thereof be made whereby GOD's holy and true christian + religion, or the allegiance due to us, our heirs and successors, + may, in any wise, suffer by change, prejudice or diminution:" &c. + &c. + +It will be noticed that this _Latin_ copy, according to the well known +ancient usage in such papers, is not punctuated, so that we have no +guidance, for the purpose of translation, from that source. + +The translation of this section as far as the words: "_Proviso semper +quod nulla fiat interpretatio_," &c. is sufficiently correct; but the +whole of the final clause, should in my opinion, be rendered thus:-- + +"Provided always that no interpretation thereof be made, whereby GOD'S +HOLY RIGHTS _and_ the TRUE CHRISTIAN RELIGION, or the allegiance due to +us our heirs or successors, may, in any wise suffer by change, prejudice +or diminution." Let me offer my reasons for this alteration: + +1st, This new translation harmonizes with the evident grammatical +construction of the Latin sentence, and is the easiest as well as most +natural. The common version, given by Bacon: "GOD'S holy _and_ true +CHRISTIAN religion,"--is grossly pleonastic, if not nonsensical. Among +christians, "God's religion," can of course, only be the "christian +religion;" and, with equal certainty, it is not only a "true" religion, +but a "holy" one! + +2nd, The word _Sacrosanctus_, always conveys the idea of a _consecrated +inviolability, in consequence of inherent rights and privileges_. In a +dictionary, _contemporary with the charter_, I find the following +definition,--_in verbo sacrosanctus._ + +"SACROSANCTUS: Apud Ciceronem dicebatur id quod interposito jurejurando +sanctum, et institutum erat idem etiam significat ac sanctus, _santo_. +_Tribunus plebis dicebatur sacrosanctus, quia eum nefas erat attingere, +longe diviniori ratione Catholici appellamus ecclesiam Romanam +sacrosanctam._ Calpinus Parvus;--seu Dictionarium Caesaris Calderini +Mirani: _Venetiis_, 1618." + +Cicero, _in Catil_: 2. 8.--uses the phrase--"Possessiones sacrosanctae," +in this sense; and so does Livy in the epithet,--"Sacrosancta potestas," +as applied to the Tribuneship; and, in the sentence,--"ut plebi sui +magistratus essent sacrosanctae." + +From the last sentence, in the definition given in the Venetian +Dictionary of 1618, which I have cited in italics, it will be seen that +the epithet had a peculiarly Catholic signification _in its +appropriation_ by the Roman Church. + +3d, I contend that "_sacrosancta_" does not qualify "_religio_," but +agrees with _negotia_, or some word of similar import, understood; and +thus the phrase--"_sacrosancta Dei_"--forms a distinct branch of the +sentence. + +If the translation given in Bacon is the true one, the positions of the +words "sacrosancta" and "Dei" should be reversed, for their present +collocation clearly violates accurate Latin construction. In that case, +"_Dei_" being subject to the government of "_religio_," ought to precede +"_sacrosancta_," which would be appurtenant to "_religio_," while +"_et_," which would then couple the two adjectives instead of the two +members of the sentence, should be placed immediately between them, +without the interposition of any word to disunite it either from +"_sacrosancta_" or "_vera_." If my translation be correct, then the +collocation of all the words in the original Latin of the charter, is +proper. If "_sacrosancta_" is a neuter adjective agreeing with +"_negotia_," understood,--and "_et_" conjoins members of sentences, then +the whole clause is obedient to a positive law of Latin verbal +arrangement. Leverett says: "The genitive is elegantly put before the +noun which governs it with one or more words between; _except_ when the +genitive is _governed by a neuter adjective_, in which case, _it must_ +be _placed after it_." + +4th, Again:--if "_et_" joins "_sacrosancta_" and "_vera_," which, +thereby, qualify the same noun, there are _then_ only two nominatives in +the Latin sentence of the charter, viz: "_religio_" and "_ligcantia_." +Now these nouns, being coupled by the disjunctive conjunction "_aut_," +must have the verb agreeing with them _separately_ in the singular. But, +as "_patiantur_" happens to be in the plural, the author of the charter +must either have been ignorant of one of the simplest grammar rules, or +have designed to convey the meaning I contend for. + +I must acknowledge the aid and confirmation I have received, in +examining this matter, from the very competent scholarship of my friend +Mr. Knott, assistant Librarian of the Maryland Historical Society. + + + + +APPENDIX No. II. + + +The scope of my discourse is confined to the illustration of +_principles_ either announced, or acted on, in the _founding_ of +Maryland and Pennsylvania. I have contended that Sir George Calvert, the +_first_ Lord Baltimore, so framed the charter which was granted by +Charles I, that, without express concessions, the general character of +its language in regard to religious rights, would secure liberty of +conscience to christians. + +I: 1632.--Language can scarcely be more perspicuously comprehensive, +than in the phrase: "God's Holy Rights and the true Christian Religion." +Under such a clause, _in the charter_, no particular church could set up +a claim for its exclusive christianity. There was no mention, in the +instrument, of "the Established Church," or, of "the Church of England." +The Catholic could not deny the Episcopalian's christianity; the +Episcopalian could not deny the Catholic's, nor could the Puritan +question the christianity of either. All professed faith in Christ. Each +of the three great sects might contend that its _form_ of worship, or +interpretation of the Bible, was the correct one; but all came lawfully +under the great generic class of christians. And, while the political +government of the colonists was to be conducted by a Catholic +magistrate, in a province belonging to a Catholic Lord,--the +_interpretation_ of the law of religious rights was to be made, not by +the laws of England, but exclusively under the paramount law of the +provincial charter. By that document the broad "rights of God," and "the +true christian religion," could not "suffer by change, prejudice or +diminution." + +This view is strengthened by a clause in the 4th section of the charter, +by which the king granted Lord B. "the patronages and advowsons of ALL +_churches_ which, _with the increasing worship and_ RELIGION OF CHRIST, +(_crescenti Christi cultu et religione_,") should be built within his +province. The right of _advowson_, being thus bestowed on the Lord +Proprietary, for _all Christian Churches_; his majesty, then, goes on, +empowering Lord B. to erect and found churches, chapels, &c. and _to +cause_ them to be dedicated "_according to the Ecclesiastical laws of +our kingdom of England_." The general right of advowson, and the +particular privilege, conceded to a Catholic, of causing the +consecration of Episcopal churches, are _separate_ powers and ought not +to be confounded by a hasty reader of the charter. + +I think there can hardly be a fair doubt that the interpretation I give +to the 22nd clause is the one assigned to it by the immigrants from the +earliest colonial movement in 1633. We may assert, therefore, the fact, +that religious freedom was offered and secured for christians, in the +province of Maryland, from the very beginning. + +II: 1633.--We must recollect that under the English statutes, _adherents +of the national church required no protection_; they were free in the +exercise of their faith; but Catholics and Puritans were not so happily +situated, and, accordingly, they sought, in the new world an exemption +from the disabilities and persecutions they experienced at home. Can it +be credited, that, under such vexations, the Catholic Lord Baltimore +would have drawn a charter, or, his Catholic son and successor, sent +forth a colony, under a Catholic Governor, when the fundamental law, +under which alone he exercised his power, did not secure liberty to him +and his co-religionists? It is simply necessary to ask the question, in +order to demonstrate the absurdity of such a supposition. + +III: 1634.--If we show, then, that Catholic conscience was untrammeled +in Maryland, I think we may fairly assume the general ground as +satisfactorily proved. What was, briefly, the first movement of this +sect, under the Lord Proprietary's auspices? When Lord Caecilius was +planning his colonial expedition in 1633, one of his earliest cares was +to apply to the Order of Jesus for clergymen to attend the Catholic +planters and settlers, and to convert the natives. Accordingly, under +the sanction of the Superior, Father White joined the emigrants, +_although, under previous persecutions in England, he had been sent into +perpetual banishment, to return from which subjected the culprit to the +penalty of death_! These facts are set forth, at page 14 of the 2nd +volume of Challoner's Memoirs. Historia Anglo-Bavara, S. J. Rev. Dr. +Oliver's collections illustrative of the Scotch, English and Irish +Jesuits, page 222, and in the essay on the Early Maryland Missions, by +Mr. B. U. Campbell. Fathers Andrew White and John Altham, and two lay +brothers, named John Knowles and Thomas Gervase, accompanied the first +expedition, and were active agents in consecrating the possession of the +soil, and converting _Protestant immigrants_ as well as heathen natives. +The colony, therefore, cannot properly be called a Protestant one, when +its _only_ spiritual guides were Catholics; and consequently if it was +more of a Catholic than a Protestant emigration, it must, by legal +necessity, have been free from the moment it quitted the shores of +England. If the Catholic was free, all were free. + +IV: 1637.--Our next authority, in regard to the _early interpretation_ +of religious rights in Maryland, is found in a passage in Chalmers's +Political Annals, page 235. "In the oath," says he, "taken by the +Governor and Council, _between_ the years 1637 and 1657, there was the +following clause, which ought to be administered to the rulers of every +country. 'I will not, by myself or any other, directly or indirectly, +trouble, molest or discountenance, any person professing to believe in +Jesus Christ, for or on account of his religion.'" This shows, that +"belief in Jesus Christ," under the constitutional guaranty of the +charter, anterior to the enactment of any colonial law by the Maryland +Assembly, secured sects from persecution. The language of the oath, +which was doubtless promulgated by the Lord Proprietor, is as broad as +the language of the charter. The statement of Chalmers has been held to +be indefinite as to whether the oath was taken _from_ 1637 to 1657, or, +whether it was taken in some years _between_ those dates; but, if the +historian did not mean to say that it had been administered _first_ in +1637, and continued afterwards, why would he not have specified any +other, as the beginning year, as well as 1637? The objection seems +rather hypercritical than plausible. Chalmers was too accurate a writer +to use dates so loosely, and inasmuch as he was an old Maryland lawyer +and custodian of the Maryland provincial papers, he had the best +opportunity to designate the precise date. A Governor's oath was a +regular and necessary official act. No one can doubt that an oath was +required of that personage in Maryland; and the oath in question, is +precisely such an one as Protestant settlers, in that age, might +naturally expect from a Catholic Magistrate, who, (even from motives of +the humblest policy,) would be willing to grant to others what he was +anxious to secure for himself. If ever there was a proper time for +perfect toleration, it was at this moment, when a Catholic became, _for +the first time in history_, a sovereign prince of the _first province_ +of the British Empire! + +Mr. Chalmers could not have confounded the oath whose language he cites, +with other oaths which the reader will find cited in the 2nd volume of +Bozman's History of Maryland, at pages 141, 608, 642. The oath prepared +for Stone in 1648, appears to have been an augmented edition of the one +quoted by Chalmers, and is so different in parts of its phraseology as +well as items, that it cannot have been mistaken by the learned +annalist. Bancroft, McMahon, Tyson, C. F. Mayer and B. U. Campbell, +adopt his statement as true. + +V: 1638.--In regard to the early _practice of Maryland_ tribunals, on +the subject of tolerance, we have a striking case in 1638. In that year +a certain _Catholic_, named William Lewis, was arraigned before the +Governor, Secretary, &c., for _abusive language to Protestants_. Lewis +confessed, that, coming into a room where Francis Gray and Robert +Sedgrave, servants of Captain Cornwaleys, were reading, he heard them +recite passages so that he should hear them, that were reproachful to +his religion, "viz: that the Pope was anti-Christ, and the Jesuits +anti-Christian Ministers, &c: he told them it was a falsehood and came +from the devil, and that he that writ it was an instrument of the devil, +and so he would approve it!" The court found the culprit "guilty of a +very offensive speech in calling the Protestant ministers, the ministers +of the devil," and of "exceeding his rights, in forbidding them to read +a lawful book." In consequence of this "offensive language," and other +"unreasonable disputations, in point of religion, tending to the +disturbance of the peace and quiet of the Colony, committed by him, +_against a public proclamation set forth to prohibit all such +disputes_," Lewis was fined and remanded into custody until he gave +security for future good behaviour.[19] + +Thus, four years, only, after the settlement, the liberty of conscience +was vindicated by a recorded judicial sentence, and "unreasonable +disputations in point of religion," rebuked by a Catholic Governor in +the person of a Catholic offender. There could scarcely be a clearer +evidence of impartial and tolerant sincerity. The decision, moreover, is +confirmatory of the fact that the Governor had taken such an oath as +Chalmers cites, in the previous year, 1637; especially as there had +_already been a "proclamation to prohibit disputes_!" + +VI: 1638.--At the _first efficient_ General Assembly of the Colony, +which was held in this year, only two Acts were passed, though +thirty-six other bills were twice read and engrossed, but not finally +ripened into laws. The second of the two acts that were passed, +contains a section asserting that "Holy Church, _within this province_, +shall have all her rights and liberties;" thus securing the rights of +Catholics;--while the first of the thirty-six incomplete acts was one, +which we know only by _title_, as "An act for _Church liberties_." It +was to continue in force until the end of the next General Assembly, and +then, with the Lord Proprietary's consent, to be perpetual. Although we +have no means of knowing the extent of the proposed "Church liberties," +we may suppose that the proposed enactment was general, in regard to all +Christian sects besides the Catholics. + +VII: 1640.--At the session of 1640, an act for "Church liberties" _was +passed_ on the 23d October, and confirmed, as a perpetual law, in the +first year of the accession of Charles Calvert, 3d Lord Baltimore, in +1676. This Act also declares that "Holy Church, within this province, +shall have and enjoy all her rights, liberties and franchises, wholly +and without blemish." Thus, in 1640, legislation had already settled +opinion as to the rights of Catholics and Protestants. Instead of the +early Catholics seeking to contract the freedom of other sects, their +chief aim and interest seem to have been to secure their own. I consider +the Acts I have cited rather as mere declaratory statutes, than as +necessary original laws. + +VIII: 1649.--In this year, an assembly, believed to have been composed +of a Protestant majority, passed the act which has been lauded as the +source of religious toleration. It is "An Act concerning Religion," and, +in my judgment, is less tolerant than the Charter or the Governor's +Oath, inasmuch as it included Unitarians in the same category with +blasphemers and those who denied our Saviour Jesus Christ, punishing all +alike, with confiscation of goods and the pains of _death_. This was the +epoch of the trial and execution of Charles I, and of the establishment +of the Commonwealth. + +IX: 1654.--The celebrated act I have just noticed, however, was passed +fifteen years after the original settlement, which exceeds the period +comprised in the actual _founding_ of Maryland. Besides this, the +political and religious aspect of England was changing, and the +influence of the home-quarrel was beginning to be felt across the +Atlantic. In 1654, during the mastery of Cromwell, religious freedom was +destroyed: Puritanism became paramount; Papacy and Prelacy were +denounced by law; and freedom was assured only to Puritans, and such as +professed "faith in God by Jesus Christ, though differing in judgment, +from the doctrine or worship publicly held forth." + +X. It has been alleged that the clause in the Maryland Charter securing +"God's holy rights and the true Christian religion," is only an +incorporation into Lord Baltimore's instrument, of certain clauses +contained in the early Charters of Virginia. If the reader will refer to +the 1st volume of Henning's Statutes at large, he will find all those +documents in English, but _unaccompanied by the original Latin_. Thus, +we have no means of judging the _accuracy of the translation_, or +_identity of language_ in the Maryland and Virginia instruments. +Adopting, however, for the present, the translation given by Henning, we +find no coincidence of phraseology either to justify the suspicion of a +mere copy, or to subject our charter to the _limitations_ contained in +the Virginia patents. Disabilities are to be construed strictly in law, +and our charter is not to be interpreted by another, but stands on its +own, independent, context and manifest signification. + +The first Virginia Charter or Patent was issued to Sir Thomas Gates and +others, April 10th, 1606, in the 4th year of James's English reign. +Among the "Articles, Orders, Instructions," &c., set down for Virginia, +20th Nov., 1606,--(though nothing is said about restrictions in +religion, while the preamble commends the noble work of propagating the +Christian religion among infidel savages,)--is the following +clause:--"And we doe specallie ordaine, charge, and require the +presidents and councills," (of the two Colonies of Virginia,) +"respectively, within their severall limits and precincts, that they +with all diligence, care and respect, doe provide, that the _true word +and service of God and Christian faith_, be preached, planted and used, +not only within every of the said severall colonies and plantations, but +alsoe, as much as they may, among the salvage people which doe or shall +adjoine unto them, or border upon them, _according to the_ DOCTRINE, +RIGHTS, _and_ RELIGION, _now professed and established within our realme +of England_."--_1st Henning_, 69. + +The second charter or patent, dated 23d May, 1609, 7th "James I," was +issued to the Treasurer and Company for Virginia, and in its XXIX +section, declares: "And lastly, because the principal effect, which we +can desire or expect of this action, is the conversion and reduction of +the people in those parts unto the _Worship of God and Christian +religion, in which respect we should be loath, that any person be +permitted to pass, that we suspected to affect the superstitions of the +Church of Rome_; we do hereby declare that it is our will and pleasure +that none be permitted to pass in any voyage, from time to time, to be +made unto the said country, but such as shall first have taken the Oath +of Supremacy;" &c., &c.--_1st Henning_, 97. + +The third Charter of James the I, in the 9th year of his English reign, +was issued 12th March, 1611-12 to the Treasurer and Company for +Virginia. The XIIth section empowers certain officers to administer the +_Oath of Supremacy and Allegiance_, to "all and every persons which +shall at any time or times hereafter go or pass to said Colony of +Virginia." + +The Instructions to Governor Wyatt, of 24th of July, 1621, direct +him:--"_to keep up the Religion of the Church of England, as near as may +be_," &c., &c.--_1st Henning._ + +All these extracts, it will be observed, contain _limitations_ and +_restrictions_, either explicitly _in favor_ of the English Church, or +_against_ the, so called, "superstitions of the Church of Rome." The +Maryland Charter shows no such narrow clauses, and consequently, is +justly free from any connexion, _in interpretation_, with the Virginia +instruments. Besides this, we do not know that the language of the +original Latin of the Virginia Charters, is the same as ours, and, +therefore, it would be "reasoning in a circle," or, "begging the +question," if we translated the Maryland Charter into the exact language +of the Virginian. The phraseology--"God's holy rights and the true +Christian religion,"--_unlimited in the Maryland Patent_,--was a +distinct assertion of broad equality to all professing to believe in +Jesus Christ. It was not subject to any sectarian restriction, and +formed the basis of religious liberty in Maryland, until it was +undermined during the Puritan intolerance in 1654. + + + + +CORRESPONDENCE. + + + HALL OF THE HISTORICAL SOCIETY OF PENNSYLVANIA,} + PHILADELPHIA, _April 12th, 1852_. } + + DEAR SIR: + +We have been appointed a committee to communicate to you the following +resolution passed at a meeting of the Historical Society held this +evening: + + "RESOLVED, That the thanks of the HISTORICAL SOCIETY, are hereby + returned to MR. BRANTZ MAYER, of BALTIMORE, for his very able and + eloquent address, delivered before it, on Thursday evening, the 8th + instant; and that MESSRS. TYSON, FISHER, COATES and ARMSTRONG, be + appointed a committee to transmit this resolution to Mr. Mayer, and + request a copy of the address for publication." + +Permit us to express the pleasure we derived from the delivery of your +Discourse, and, also, the hope that you will comply with the Society's +request. + +We remain, with great respect, your obedient servants, + + JOB R. TYSON, + J. FRANCIS FISHER, + B. H. COATES, + EDW. ARMSTRONG. + + To MR. BRANTZ MAYER, BALTIMORE. + + + + + BALTIMORE, _15th April, 1852_. + + GENTLEMEN: + +I am much obliged to the PENNSYLVANIA HISTORICAL SOCIETY, for the +complimentary resolution it was pleased to pass in relation to the +Discourse I delivered before it on the 8th of this month. In compliance +with your request, I place a copy of the address at your disposal; and, +while thanking you for the courtesy with which you have communicated the +vote of your colleagues, I have the honor to be, your most obedient +servant, + + BRANTZ MAYER. + + To MESSIEURS JOB R. TYSON, } + J. FRANCIS FISHER,} Committee, &c. &c. &c. + B. H. COATES, } + EDW. ARMSTRONG, } + + + + +FOOTNOTES: + +[1] Mr. Joseph Hunter's "Collections concerning the Early History of the +Founders of New Plymouth." London, 1849: No 2 of his Critical and +Historical Tracts, p. 14. + +[2] It is believed by historians that Sir Walter Raleigh fell a victim +to the intrigues of Spain at the Court of James. His American adventures +and hardihood were dangerous to the Spanish Empire. A small pamphlet +entitled: A NEW DESCRIPTION OF VIRGINIA, published in London in 1619, a +reprint of which is possessed by the Virginia Historical Society, shows +how the prophetic fears of the Spaniard, even at that early time, +conjured up the warning phantom of Anglo-Saxon "_annexation._" + +"It is well known," says the pamphlet, "that our English plantations +have had little countenance; nay, that our statesmen, (when time was,) +had store of Gundemore's gold," (meaning Gondomar, Spanish Minister at +James's Court)--"_to destroy_ and discountenance the plantation of +Virginia; and he effected it, in great part, by dissolving the company, +wherein most of the nobility, gentry, corporate cities, and most +merchants of England, were interested and engaged; after the expense of +some hundred of thousands of pounds; for Gundemore did affirm to his +friends, that he had commission from his master"--(the King of +Spain,)--"to destroy that plantation. For, said he, should they thrive +and go on increasing, as they have done under that popular Lord of +Southampton, _my master's West Indies_, AND HIS MEXICO, _would shortly +be visited by sea and by land, from those Planters in Virginia_." + +Generals Scott and Taylor--both sons of Virginia--have verified, in the +nineteenth century, the foresight of the cautious statesman of the +seventeenth. + + _See Virginia His. Reg. Vol. 1. p. 28._ + +[3] Dr. Miller's "History Philosophically Illustrated," vol 1. p. 95. + +[4] "Men who have to count, miserly, the kernels of corn for their daily +bread, and to till their ground, staggering through weakness from the +effect of famine, can do but little in settling the metaphysics of +faith, or in counting frames, and gauging the exercises of their +feelings. Grim necessity of hunger looks morbid sensibility out of +countenance."--_Rev. Dr. G. B. Cheever's edition of the Journal of the +Pilgrims;--1848: p. 112._ + +[5] "The New England Puritans, though themselves refugees from religions +intolerance, and martyrs, as they supposed, to the cause of religious +freedom, practiced the same intolerance to those who were so unfortunate +as to differ from them. In 1635, Roger Williams was banished from the +Massachusetts colony for differences of religious opinions with the +civil powers. This was the next year after the arrival of the Maryland +colony. In 1659, fifteen years later, a Baptist received thirty lashes +at the whipping post, in Boston, for his peculiar faith; and nine years +later, three persons suffered death by the common hangman, in the same +place, for their adherence to the sect of Quakers."--_Rev. Dr. Burnap's +Life of Leonard Calvert, in Sparks's Am. Biog. 2nd series, vol. IX. p. +170, Boston, 1846._ + +On the 13th Sept. 1644, these N. England Puritans, passed a law of +banishment against Anabaptists; in 1646, another law, imposing the same +punishment, was passed against Heresy and Error; in 1647, the order of +Jesuits came in for a share of intolerance;--its members were inhibited +from entering the colony; if they came in, heedless of the law, they +were to be banished, and if they returned after banishment, they were to +be _put to death_. On the 14th of October 1656, the celebrated law was +enacted against "the cursed sect of heretics lately risen up in the +world, which are commonly called Quakers:"--by its decrees, captains of +vessels who introduced these religionists, knowingly, were to be fined +or imprisoned; "quaker books or writings containing their devilish +opinions," were not to be brought into the colony, under a penalty; +while quakers who came in, were to be committed to the house of +correction, kept constantly at work, not allowed to speak, and severely +whipped, on their entrance into this sanctuary!--See original Acts, +_Hazard's His. Coll. 1, pp. 538, 545, 550, 630_. + +[6] See Mr. John P. Kennedy's discourse on the life and character of Sir +George Calvert, and the reviews thereof, with Mr K's reply, on this +question of religion, in the U. S. Catholic Magazine, 1846. Since the +publication of Mr. Kennedy's discourse and the reviews of it, in 1846, I +have met with an English work published in London in 1839, _attributed_ +to Bishop Goodman, entitled an "Account of the Court of James the +first." In vol. 1, p. 376, he says: "The third man who was thought to +gain by the Spanish match was Secretary Calvert; and as he was the _only +Secretary employed in the Spanish match_, so undoubtedly he did what +good offices he could therein, for religion's sake, _being infinitely +addicted to the Roman Catholic faith, having been converted thereto by +Count Gondemar and Count Arundel, whose daughter Secretary Calvert's Son +had married; and, as it was said, the Secretary did usually catechise +his own children, so to ground them in his own religion; and in his best +room having an altar set up, with chalice, candlesticks, and all other +ornaments, he brought all strangers thither, never concealing anything, +as if his whole joy and comfort had been to make open profession of his +religion_." As the Prelate was a _contemporary_, this statement, +founded, as it may be, on report, is of considerable importance. Fuller, +also, was a contemporary though thirty years younger than Calvert. The +Spanish match, alluded to, was on the carpet as early as 1617, and was +broken off in the beginning of 1624. It was probably during this period +that Lord Arundel and the Spanish Minister influenced the mind of Sir +George as to religion. + +[7] Mr. Chalmers, in his Hist. of the Revolt of the Am. Col. B. 2 ch. 3, +says that the charter of Maryland was a _literal copy_ from the prior +patent of Avalon; but of this we are unable to judge, as he neither +cites his authority nor indicates the depository of the Avalon Charter. +If the Maryland charter is an _exact_ transcript of the Avalon document, +it is interesting to know the fact, as Calvert may have been a +Protestant, when the latter was issued. Bozman states an authority for +its date, as of 1623, which would indicate that this document may still +probably be found in the British Museum. If it was issued in 1623, it +was granted a year before, Fuller says, Calvert resigned because he had +become a Catholic. In all likelihood, however, Sir George was not +converted in a day!--_See Bozman Hist. Maryland ed. 1837, vol. 1 p. 240 +et seq. in note._ + +[8] The Baron Von Raumer, in his Hist. of the XVI and XVII Centuries, +vol. 2, p. 263, quoting from Tillieres, says of Calvert: "He is an +honorable, sensible well-minded man, courteous towards strangers, full +of respect towards embassadors, zealously intent on the welfare of +England; but by reason of all these good qualities, entirely without +consideration or influence." + +The only original work or tract by which we know the character of Sir +George Calvert's mind is "THE ANSWER TO TOM TELL-TROTH, THE PRACTISE OF +PRINCES AND THE LAMENTATIONS OF THE KIRKE, _written by Lord Baltimore, +late Secretary of State_." London, _printed 1642_:--a copy of which, in +MS., is in the collections of the Maryland Hist. Soc. This is a quaint +specimen of pedantic politics and toryism--larded with Latin quotations, +and altogether redolent of James's Court. It was addressed to Charles I, +and shows the author's intimate acquaintance with the political history +and movements of the continental powers. We may judge Calvert's politics +by the following passage in which he _commends_ the doctrines of his old +master:-- + +"King James," says he, "in his oration to the Parliament, 1620, used +these words _very judiciattie_; Kings and Kingdoms were before +Parliaments; the Parliament was never called for the purpose to meddle +with complaints against the King, the Church, or State matters, but _ad +consultandum de rebus arduis, Nos et Regnum nostrum concernantibus_; as +the writ will inform you. I was never the cause, nor guiltie of the +election of my sonne by the Bohemians, neither would I be content that +any other king should dispute whether I am a lawful King or no, and to +tosse crowns like Tennis-balls." + +[9] It may seem strange, that, being a Catholic, he still had the right +of advowson or of presentation to Protestant Episcopal Churches; but it +was not until the Act of 1st William and Mary, chapter 26, that +Parliament interfered with the right of Catholics to present to +religious benefices. That Act vested the presentations belonging to +Catholics in the Universities. An Act passed 12th Anne, was of a similar +disabling character.--_Butler's Hist. Mem. vol. 3, pp. 136, 148, 149._ + +[10] See Appendix No. 1, in regard to the erroneous translation of this +clause from the Latin, that has hitherto been adopted from Bacon's laws +of Maryland. + +[11] As an illustration of this feeling, I will quote a passage showing +how it fared with Marylanders in Massachusetts in 1631. "The Dove," one +of the vessels of the first colonists to Maryland, was dispatched to +Massachusetts with a cargo of corn to exchange for fish. She carried a +friendly letter from Calvert and another from Harvey, but the +magistrates were suspicious of a people who "_did set up mass openly_." +Some of the crew were accused of reviling the inhabitants of +Massachusetts as "holy brethren," "the members," &c., and just as the +ship was about to sail; _the supercargo, happening on shore, was +arrested in order to compel the master to give up the culprits_. The +proof failed, and the vessel was suffered to depart, but not without a +special charge to the master "_to bring no more such disordered +persons!_"--_Hildreth Hist. U. S., vol. 1, 209_. + +[12] See Appendix No. 2. + +[13] In order to illustrate the spirit in which the region for the first +settlement at St. Mary's was acquired, I will quote from a MS. copy of +"A Relation of Maryland, 1635," now in my possession: "To make his +entrie peaceable and safe, he thought fit to present ye Werowance and +Wisoes of the town (so they call ye chief men of accompt among them,) +with some English cloth (such as is used in trade with ye Indians,) +axes, hoes, and knives, which they accepted verie kindlie, and freely +gave consent toe his companie that hee and they should dwell in one part +of their towne, and reserved the other for themselves: and those Indians +that dwelt in that part of ye towne which was allotted for ye English, +freely left them their houses and some corne that they had begun to +plant: It was also agreed between them that at ye end of ye Harvest they +should have ye whole Towne, which they did accordinglie. And they made +mutuall promises to each other to live peaceably and friendlie together, +and if any injury should happen to be done, on any part, that +satisfaction should be made for ye same; and thus, on ye 27 DAIE of +MARCH, A. D. 1634, ye Gouernour took possession of ye place, and named +ye _Towne--Saint Marie's_. + +"There was an occasion that much facilitated their treatie with these +Indians which was this: the Susquehanocks (a warlike people that inhabit +between Chesapeake Bay and Delaware Bay) did usuallie make warres and +incursions upon ye neighboring Indians, partly for superioritie, partly +for to gett their women, and what other purchase they could meet with; +which the Indians of _Yoacomaco_ fearing, had, ye yeere before our +arivall there, made a resolution, for there safetie, to remove +themselves higher into ye countrie, where it was more populous, and many +of them where gone there when ye English arrived." + +At Potomac, Father Altham,--according to Father White's Latin MS. in the +Maryland Hist. Soc. Col.--informed the guardian of the King that _we_ +(the clergy) had not come thither for war, but for the sake of +benevolence,--that we might imbue a rude race with the principles of +civilization, and open a way to Heaven, as well as to impart to them the +advantages enjoyed by distant regions. The prince signified that we had +come acceptably. The interpreter was one of the Virginia Protestants. +When the Father, for lack of time, could not continue his discourse, and +promised soon to return: "I will that it should be so," said +Archihau--"our table shall be one; my men shall hunt for you; all things +shall be in common between us." + +The Werowance of Pautuxent visited the strangers, and when he was about +departing, used the following language, as recorded in the MS. Relation +of Maryland of 1635: "I love ye English so well that if they should goe +about to kill me, if I had so much breath as to speak, I would command +ye people not to revenge my death; for I know they would not doe such a +thinge except it was through mine own default." See also Mr. B. U. +Campbell's admirable SKETCH OF THE EARLY MISSIONS TO MARYLAND, read +before the Md. Hist. Soc. 8th Jan. 1846, and subsequently printed in the +U.S. Catholic Magazine. + +[14] In William Penn's second reply to a committee of the House of Lords +appointed in 1678, he declares that those who cannot comply with laws, +through tenderness of conscience, should not "revile or conspire against +the government, _but with christian humility and patience tire out all +mistakes against us_, and wait their better information, who, we +believe, do as undeservedly as severely treat us." + +[15] Preface to Frame of Government, 25 April, 1682. + +[16] Those who desire to know the precise character of the celebrated +Elm-tree Treaty, should read the Memoir on its history, in vol. 3, part +2, p. 145 of the Memoirs of the Pennsylvania Hist. Soc., written by the +late Mr. Du Ponceau, and Mr. Joshua Francis Fisher. It is one of the +finest specimen of minute, exhaustive, historical analysis, with which I +am acquainted. These gentlemen, prove, I think, conclusively, that the +Treaty was altogether one of amity and friendship, and was entirely +unconnected with the purchase of lands. + +[17] Janney's Life of Penn, 163. + +[18] See 2nd Bozman Hist. Md. p. 616--note XLIII, Conditions, &c. + +[19] 2d Bozman, 597, and Orig. MS. in Md. His. Soc. + + + + + +End of the Project Gutenberg EBook of Calvert and Penn, by Brantz Mayer + +*** END OF THIS PROJECT GUTENBERG EBOOK CALVERT AND PENN *** + +***** This file should be named 32454.txt or 32454.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/2/4/5/32454/ + +Produced by Julia Miller, Jasmine Yu and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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