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ment under this concession. Her commissioners were instructed to commence the boundary “at a stone, planted by Lord Fairfax on the head waters of the Potomac,” being thus restricted to the old adjustment between Fairfax and the crown; those of Maryland were directed to begin at the true or most western source of the North Branch, be that where it might. Fairfax's stone, our author says, is not planted in fact at the extreme western source. The proffer of Maryland, by the act of 1818, to confine herself to the North Branch, being thus rejected by Virginia, she is remitted apparently to her original rights, which comprehend the sovereignty of all the territory between these two streams of the Potomac, and call for the South Branch as her south-western boundary in that quarter. In a letter of Mr. Cooke, then a distinguished lawyer of Maryland, and one of the commissioners named in 1795, to adjust the point, the territory in contest is stated to contain 462,480 acres; and he remarks, that prior occupancy gives, in such a case, no title to one party, and no length of time can bar the claim of the other.
We have thus abridged the author's copious and distinct account of the territorial wars, which resulted in the defeat of the proprietaries of Maryland on two parts of their frontier, and have left a legacy of debate on a third. We must now return to the era of the first grantee and proprietary, and take up the line of the general events of the colonial history.
Cecilius Calvert had no sooner obtained his grant, for which he is said to have been indebted to the influence of his father, George Calvert, who but for his death would have been himself the grantee, than he prepared for the establishment of a colony. The expedition, which he entrusted to his brother, Leonard Calvert, sailed from the Isle of Wight on the 22d of November, 1633, the emigrants consisting of about two hundred persons, principally Catholics, and many of them gentlemen of family and fortune. They reached Point Comfort, in Virginia, on the 24th of February following, and thence proceeded up the Potomac, in search of an eligible site. Having taken formal possession of the province, at an island which they called St. Clements, they sailed upwards of forty leagues up the river, to an Indian town called Piscataway ; but deeming it prudent to establish themselves nearer its mouth, they returned to what is now known as St. Mary's river, (an estuary of the Potomac,) on the eastern side of which, six or seven miles from its mouth, they disembarked, on the 27th of March, 1634. Here, near another Indian town, bearing the uncouth name of Yaocomoco, they laid the foundation of the old city of St. Mary's, and of the state of Maryland. The proprietary had made ample provision for his infant colony, of food and clothing, the implements of husbandry, and the means of erecting habitations ;
expending in the first two or three years upwards of £40,000, and governing, by all concurring accounts, with much policy and liberality.
The new colony seems to have been looked on a little coldly by Virginia, her next neighbour in the great continental wilderness, and to have had indeed more positive ground of complaint in the connivance given there to Clay borne, who has already been mentioned as the colonizer of Kent Island, and whose fancied or real injuries from the proprietary, made him the persevering foe of the colony during twenty-five years. His first essay was to kindle the jealousies of the natives against the colonists, which, in the beginning of 1642, broke out into an open war, that endured for some time, and was the cause of much expense and distress to the province. The distractions of the great rebellion of 1642, which began at this time to involve the colonies, furnished him the next pretences of disturbance, and with fit associates. Richard Ingle, the most prominent of these, was a known adherent of the parliamentary cause ; he had before this time been proclaimed a traitor to the king, and had fled the province. The insurrection promoted, therefore, by these confederates and others, (commonly known as “Clayborne and Ingle's rebellion,") was probably carried on in the name of the Parliament; though the loss of the greater part of the provincial records, anterior and relating to this period, the circumstance from which it acquired its chief notoriety, leaves us little other knowledge of the insurrection itself, than that it was attended with great misrule and rapacity, that it commenced in 1644, and that the proprietary government was suspended till August, 1646; Leonard Calvert, the governor, being compelled meanwhile to seek refuge in Virginia. Quiet was then restored by a general amnesty, from which only Clayborne, Ingle, and one Durnford, were excepted. During two or three years the province maintained this tranquillity, by pursuing a neutral course towards the contending parties in England, varied by the single unadvised act of proclaiming, on the 15th of November, 1649, the accession of Charles II., Governor Stone being absent at the moment. This procedure was followed by very ill consequences to the proprietary. The Parliament, now triumphant, issued a commission for the subjugation of the disaffected colonies, of which, ominously, for Maryland, Captain Clay borne was named one, and which, after reducing Virginia, demanded of Stone, the Governor of Maryland, an express recognition of the parliamentary authority. Delaying compliance with this demand, he was threatened with the deprivation of his government; but it was arranged at length that he should continue to exercise it, till the pleasure of the commonwealth government could be known. This trust he seems to have disVOL. IX. NO. 18.
charged with due fidelity to the Parliament. He required, indeed, the inhabitants of the province to take the oath of allegiance to the proprietary government; an act which does not seem inconsistent with his engagements. It was alleged, however, to be an evidence of disaffection ; and as intentions, says our author, are always easy to charge, and difficult to disprove, he was in the end compelled to resign his office to a commission named by Clayborne and his associates. Stone now attempted resistance; but an engagement taking place near the Patuxent, his small force of two hundred men was entirely defeated, and himself taken prisoner. He was condemned to die; but he had, like another Marius, inspired, it seems, such respect and affection in the soldiery, that the party intrusted with his execution refused to proceed in it. A general intercession of the people procured a commutation of his sentence to imprisonment, which was continued, with circumstances of severity, during the greater part of the protectorate. With him the proprietary government fell for the time.
The occasion was seized by Virginia, to urge with the Protector, her old claim of jurisdiction over Maryland. The proprietary's charter was assailed, and the story of Clayborne's wrongs, pathetically told at length. The fanaticism of the Protector was approached, by objecting the religious toleration, which, much to the honour of the proprietary, had consistently characterized his government. The union of the two provinces was urged, among other reasons, on the score of its preventing “the cutting of throats," and restraining the excessive planting of tobacco, thereby making way for the more staple commodities, such as silk. Cromwell, however, who could lay aside his fanaticism on occasion, but who, on the other hand, probably sought to keep the proprietary in his interests, by holding his rights in suspense, made no decision in the case ; and the latter, who at first expected a speedy result in his favour, seems to have resolved at length to regain his province by force. His government had fallen without a crime, and, besides, the pretensions of Virginia had roused the pride and indignation of all parties. He had thus many adherents, among the most conspicuous of whom was Josias Fendall, who having, with a consistency that merits remark, signalized by treachery every measure he was concerned in, played for some years a part in the transactions of the colony, worthy of versatile politicians on a more extensive theatre. He is brought to our notice in 1655, when he was in custody before the provincial court, on a charge of disturbing the government, under a pretended power from the late governor, Stone, and was imprisoned. Being discharged, probably on taking an oath not to disquiet the government, he nevertheless appeared soon after ag an open insurgent, acting under the proprietary's com
mission as his governor. We are uninformed of the particulars of his operations against the commissioners. During a part of 1657 and 1658, there seems to have been a divided empire in the province, the commissioners administering theirs at St. Leonard's, and Fendall and his council sitting at St. Mary's. An arrangement between the proprietary and the Virginian commissioners, then in England, at length put an end to these divisions. The latter ceased to push the claims of Virginia, and it was agreed that his province should be restored to the proprietary. On the 20th of March, 1658, it was formally surrendered to Fendall as his governor, under a stipulation for the security of the acts passed during the defection ;-a stipulation which the latter fulfilled, not only by declaring them void, but by causing them to be torn from the records.
Clothed thus with authority, Fendall was enabled to play off a kind of parody of Cromwell's proceedings, by “kicking away the ladder by which he had mounted.” At the next convention of the assembly, the lower house transmitted a message to the upper, declaring itself the true assembly, and the supreme court of judicature, and demanding its opinion on this claim. The latter, not acceding with the required good grace and promptness to this new doctrine, which involved a complete independence, not only of itself, but of the proprietary, was visited in a body by the lower house, and ordered to sit no longer apart, with the privilege, nevertheless, of seats in the lower house. To the assembly thus reformed, Fendall surrendered his commission from the proprietary, accepting a new one from itself; and the inhabitants of the province were required to recognize no other authority but that of this new legislature, or of the king. The Restoration cut short the rule of this commonwealth party in the province. Baltimore obtained the countenance and aid of the new government, -and thus fortified, enjoined his brother, Philip Calvert, as his governor, to proceed against the insurgents even by martial law, and especially not to permit Fendall to escape with his life. Fendall, accordingly, with one Hatch, was excepted from the general indemnity, and proclamations were issued for their apprehension ;-yet, on a subsequent voluntary surrender, he found means to be quits for a short imprisonment, with a disability to vote or hold office ;-a lenity not more impolitic in the government, than unmerited by him, as he not long afterwards attempted to excite another rebellion.
An uninterrupted tranquillity of many years followed the commotions just narrated. In 1675, died Cecilius, Lord Baltimore, the first proprietary, leaving his estate in the province to his son and heir, Charles Calvert. On a visit to England, the new proprietary found himself and his government the subject
of complaint to the Crown, from the resident clergy of the Church of England, in the province. They represented that the province was no better than a Sodom,—religion despised,—the Lord's day profaned, and all notorious vices committed ;-in short, it was in a deplorable condition for want of an established ministry, the Quakers providing for their speakers, and the Catholics for their priests, but no care taken to build churches in the Protestant religion. Baltimore represented very honestly, that all religions were tolerated by his laws, and none established, -and was dismissed for the time, with the general injunction to restrain immorality, and provide for a competent number of clergy of the Church of England. But the jealousy of popery, now abroad in England, began to flame up in the colonies, and especially in Maryland, which, peopled chiefly by Protestants, was yet under the dominion of à Catholic Complaints were poured into Charles's ear, of Catholic partialities in the proprietary administration ; and, in reply to a communication from Baltimore, by which it was shown beyond doubt, that his offices were distributed without distinction of religion, and the military power almost exclusively in Protestant hands that exemplary monarch,” says our author, “ gave his commentary on religious liberty, by ordering all offices to be put into the hands of the Protestants." With a singular ill fortune, which must be put to the account of his tolerance, the proprietary, thus controlled by a Protestant king, and menaced, besides, with that then formidable weapon of royalty, a quo warranto, did not the less encounter an enemy in his Catholic successor, by whom, in 1687, a quo warranto was actually issued. Before judgment was pronounced, indeed, the monarch himself was an exile, by the judgment of his people; but the proprietary was now attacked, on the opposite quarter, by the « Protestant Association of Maryland," which succeeded in overthrowing his government. This revolution marks one era in our author's historical narrative, before we proceed in which, we must pause a moment with him, to mention the condition of the colony, at the time this event occurred.
The two hundred original settlers were increased as early as 1660 to twelve thousand, and in 1671 to nearly twenty thousand; their exact number at the protestant revolution is unknown. The settlements had extended from St. Mary's a considerable distance up the Potomac, and all along the Chesapeake Bay on both sides, and were seated chiefly on its shores, and around the estuaries of its rivers. Excepting St. Mary's, there appears to have been no place entitled to the appellation of a town, unless, says the author, we adopt the same number of houses to make a town, which it requires persons to constitute a riot. The city of St. Mary's, which numbered fifty or sixty houses in two or three