land; but owing partly to the assembly of that ancient dominion, which had now learned from experience, that more real liberty was enjoyed under any form of government, than beneath the rule of a commercial company; but more to the injustice and difficulty of the measure, that project was dropped, and thus what commenced in wickedness, ended in disappointment.

Never did a people enjoy more happiness, or were more grateful for it, than the inhabitants of Maryland under Cæcilius, that excellent founder of the province. The spirit which the emigrants displayed upon all occasions, as well as their legislative talents, evince that they understood their interest and pursued it. That while they cherished the just prerogative of the proprietary, they never lost sight of the rights of freemen.

The wise and prudent government, with regard to the Indians, had hitherto ensured peace, which had proved extremely beneficial to the province, during its weakness. The intrigues of Clayborne, however, infused a jealousy that was never wholly eradicated. The rapid increase of strangers, which threatened their own annihilation as a people, and the donation of their lands, without the authority of government, for trifling considerations, gave them the greatest dissatisfaction. All these causes brought on an Indian war in 1642, which lasted several years, and was attended with the customary evils. A peace was at length concluded upon the usual conditions, of present submission and future amity. Laws were soon made to prevent in future, the existence of the same causes, and all purchases of lands, without the consent of the proprietary, were declared illegal and void. It was made felony of death for any one to sell or transport any friendly Indians. And it was declared highly penal to deliver any arms or ammunition to them. These salutary regula

tions, with the prudent conduct of the governor, preserved a long, and advantageous peace with the natives.

The public tranquillity was scarcely restored, when it was disturbed by mischiefs of greater magnitude, and more malignant effects. The restless Clayborne, joined to Richard Ingle, who had been proclaimed a traitor against the king in 1643, aided by the turbulent spirit of the times, raised a rebellion in this province in the beginning of the year 1645, and obliged Calvert the governor, to flee into Virginia for protection. The administration, which he had been constrained to relinquish, Clayborne's adherents instantly seized on as belonging to them, and exercised it with great violence; and notwithstanding Calvert's most strenuous exertions, the revolt was not suppressed nor quieted, until August of the year 1646.

The calamities of that period are sufficiently described by the assembly, when they say, "that the province had been wasted by a miserable dissension, and unhappy war, which had been closed by a happy restitution of blessed peace."

The revolt thus being suppressed, and order restored in the state, the assembly endeavoured, with a laudable anxiety, to preserve the peace of the church; and though composed chiefly of Roman Catholics, which would have enabled it to pass any regulations, peculiarly favourable to that denomination, the act which it passed "concerning religion," breathes a spirit of liberality uncommon at that period. It recited that the enforcements of conscience had ever been of dangerous consequence, in those countries where it had been practised; and it was enacted, that -"No persons professing to believe in Jesus Christ, should be molested in regard to their religion, or in the free exercise thereof, or be compelled to the exercise of any other religion, against their consent; so that they be

not unfaithful to the proprietary, or conspire against the civil government. That any person molesting another in respect to his religious tenets, should pay treble damages to the party aggrieved, and twenty shillings to the proprietary; that those reproaching any with opprobrious names of religious distinction, should forfeit ten shillings to the person aggrieved; that any one speaking reproachfully against the Blessed Virgin, or the Apostles, should forfeit five pounds; but blasphemy against God, should be punished with death."

This act passed in 1649, and was confirmed in 1676, among the perpetual laws of the province.

Virginia, at this time, animated by a different spirit, passed severe laws against the Puritans, whose ministers were not suffered to preach; which occasioned numbers to emigrate to Maryland.

A new religious drama was now opened upon the great theatre of the American colonies. In Massachusetts the Congregationalists were persecuting the Episcopalians, Quakers, Baptists, and all others; and the Episcopal church in Virginia, exercising the same power, and revenging upon the Puritans; but the Roman Catholics, to their eternal honour, were tolerating and protecting all.

In that memorable year, 1650, that constitution was finally established, which continued, with very little interruption, down to the year 1776, when the constitution she now enjoys was adopted. In the old constitution, the Burgesses, when convened in 1642, requested "that they might sit by themselves, and have a negative ;" this was denied; but they afterwards availed themselves of the distraction that then took place, and the assembly divided themselves into two branches, in 1649, and transacted affairs in the form of Upper and Lower House. In 1650, a law was passed for settleing the order of Assembly. It

enacted that those that were called by special writs, should constitute the Upper House; those chosen by hundreds, should form the Lower House; and that all bills, which shall be consented to by the two branches, and approved by the governor, should be deemed the laws of the province, and have the same effect as if all the freemen were then present.

It is from this epoch of its existence that the democratic part of the assembly, consisting of fourteen delegates, must date the origin of its particular immunities, or exclusive privileges. An act of the recognition of the undoubted right of Lord Baltimore to the province, was passed at this session.

The province at this time was divided into three counties, viz. St. Mary's, the Isle of Kent, and Ann-Arundale; these counties were sub-divided into eight hundreds.

In 1651, the commissioners were appointed, by the then ruling power in England, (the commonwealth,) " for reducing and governing the provinces within the Chesapeake Bay," which trust they exercised with great attention and dexterity.

The following year, the commissioners issued a variety of orders with respect to Maryland; yet whilst they established the authority of the commonwealth, they permitted the proprietary, who had acknowledged its authority, to rule his province as formerly; though in the name of the keepers of the liberties of England.

In the year 1654, when Cromwell had enjoyed for one year, the power of Protector for life, he seized on the government of Maryland. This gave rise to strife and contention between Catholics and Puritans, which issued in civil war. The Catholics under Gov. Stone, strenuously supported the old constitution, and the Puritans claimed the rights of 1649, when the assembly was divided into the two houses, and commenced the commonwealth. This

civil war commenced by skirmishes between the parties until they had collected their strengh, and then a decisive action was fought, the Catholics were vanquished, the governor was taken prisoner, and ordered by martial law, to be executed; but the Puritan soldiers, who remembere d his mild administration, plead for his life, and his punishment, by their intercessions, was changed into a long and severe confinement.

In July 1654, Clayborne, the evil genius of Maryland, again appeared upon the theatre of action, and appointed Fuller, Preston, and others, commissioners," for directing the affairs of Maryland, under his highness the lord protector." These men called an assembly to meet in October of the same year; but the burgesses, returned for St. Mary's county, refused to serve, deeming it "inconsistent with their oaths, which they had taken to Lord Baltimore."

This assembly first passed "an act of recognition of Cromwell's authority," as from him they had derived their power; it next passed an "act concerning religion," declaring that none who professed the Popish religon could be protected in this province, by the laws of England formerly established, and yet unrepealed, nor by the government of the commonwealth. That such as professed faith in God, through Jesus Christ, though differing in judgment from the doctrine and discipline publicly held forth, should not be restrained from the exercise of their religion; provided, such exercise was not extended to Popery or Prelacy; or to such as under the profession of Christ, practised licentiousness. The contrast between this and the act of assembly in 1649, relative to religion, is as great as the opposite extremes, and reflects great honor on the Roman Catholics.