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committed by many perfons inhabiting Virginia, whereby they have set up themselves in oppofition to this commnonwealth." It therefore declared them " notorious robbers and traitors." Perfons in power generally reason alike against those who oppose their authority, and difpute the legality or equity of their measures, whatever might be their own fentiments when in a lower station, and while aggrieved by fuperiors. The ordinance authorized the council of state to fend a fleet thither, and to grant commiffions to proper perfons to enforce to obedience all such as stood oppofed to the authority of parliament. In confequence hereof commiffioners were appointed, and a powerful fleet and army detached, to reduce all their enemies to fubmiffion. They were to use their endeavours, by granting pardons and by other peaceful arts, to induce the colonists to obey the state of England: but, if these means fhould prove ineffectual, then they were to employ every act of hoftility; to free thofe fervants and flaves of mafters oppofing the government, that would ferve as foldiers to fubdue them; and to cause the acts of parliament to be executed, and juftice to be adminiftered, in the name of the commonwealth. After the arrival of the commiffioners with the naval and military force, the Virginians refused to fubmit, till articles of furrender had been agreed upon, by which it was ftipulated, "The plantation of Virginia, and all the inhabitants thereof, fhall enjoy fuch freedoms and privileges as belong to the free people of England. The general affembly, as formerly, fhall convene, and tranfact the affairs of the colony. The people of Virginia fhall have a free trade, as the people of England, to all places, and with all nations. Vir

1671.

ginia fhall be free from all taxes, cuftoms, and impofitions whatsoever; and none fhall be impofed on them without consent of the general affembly; and neither forts nor caftles fhall be erected, nor garrifons maintained without their confent *."

The hardships the Virginians experienced from reftrictions on their trade under Oliver Cromwell, together with their attachment to the royal family, induced them to feize the occafion of the death of the protector's governor, for applying to Sir William Berkely, who had lived privately during the revolutions of the day, to refume the government of the colony, to which he confented, on their folemnly promifing to venture their lives and fortunes with him for Charles II. Before they had heard of the death of Cromwell, Charles was proclaimed by them king of England, Scotland, Ireland, and Virginia. During the diftreffes to which the royalifts were exposed in England prior to this event, they resorted to that colony, fo that Virginia contained about 30,000 perfons at the restoration. Sir William Berkely, in his anfwer to the inquiries of the lords of the committee of the colonies writes, June 20, 1671," there are 40,000 perfons, men, women, and children, 2000 black flaves, and 6000 chriftian fervants for a fhort time." You will not have your good opinion of him heightened for his adding-" I thank God there are no free schools, nor printing, and I hope we shall not have them these hundred years. For learning has brought difobedience, and herefy, and fects into the world, and printing has

Bland's Inquiry into the rights of the British colonies.

divulged

divulged them and libels against the best government. God keep us from both * !"

You will remark, that, however zealous the Virginians were to honor the Charles's with their loyalty, they boldly declined complimenting king, commonwealth, and protector, with their liberties.

Maryland comes now to be confidered.

Sir George Calvert was one of the original affociates in the great Virginia company, and continued a member of that corporation during its existence: and, as fecretary of state, he acted as one of the committee of council for the affairs of the plantations while James I. lived. Sir George, in his reign, having thought proper to alter his religious fentiments and embrace popery, ingenuously avowed the change. The king pleased with his fincerity, granted him a part of Newfoundland, which the French at length obliged him to abandon. His majesty further teftified his regard, by creating him lord Baltimore of Ireland. King Charles, to compenfate for his lofs of the Newfoundland territory, gave him a grant of the country on the north fide of the Chefapeak-bay.

Charles, in honor
named the colony

His lordship died April 15, 1632, before the patent 1632. was made out; on which his fon Cecil took it out in his own name the June following. to his royal confort Henrietta Maria, Maryland; and, being defirous' of gratifying the proprietary all in his power, invested him with as much fovereignty as could well confift with an immediate fub. jection to the crown of England. His lordship, with the affent of the freemen or their delegates, whom he Chalmers's Political Annals, under Virginia, F

VOL. I.

was

was required to affemble for that purpose, might make, laws of what kind foever for the province, fo that they were not repugnant, but agreeable to the jurisprudence and rights of the realm of England; and he was authorized to execute the acts of the affembly. There was no clause in the charter obliging him to tranfmit their acts to the king for approbation or diffent: nor any faving of the royal interference in the government of the colony. Charles referved to himself, and his heirs for ever, impofts, duties, and cuftoms, which the colonists were bound to pay; but declared in the fame charter, "We, our heirs and fucceffors, fhall at no. time fet and make, or cause to be fet, any imposition, custom, or taxation, on the inhabitants of the province, for their lands, goods, tenements, or chattels, within the faid province." By this claufe the king covenanted for himself, heirs, and fucceffors, that, having referved for ever the impofts, duties, and cuftoms, he would not contribute toward setting upon the inhabitants any impofition, cuftom, or taxation, for their lands, goods, tenements, or chattels, within the faid province; and therein bound both. himself and them, not to affent to any bill fubjecting the. inhabitants to an internal taxation by an external legislation.

The firft emigration consisted of two hundred gentlemen of confiderable fortune and rank, with their ad herents, chiefly Roman Catholicks, who hoped to enjoy. liberty of conscience, under a proprietary of their own profeffion. They failed from England in November, 1633. and landed in Maryland the beginning of 633. Go-. vernor Calvert, brather to lord Baltimore, very widely and justly purchased, by presents of various goods, the rights of the Indians, and with their free confent took

poffeffion

poffeffion of their town, which he called St. Mary's. The country was fettled with fo much eafe, and fur nifhed with fo many conveniences, that emigrants fepaired thither in fuch numbers, that the colony fodá became populous and flourishing. A third affembly of freemen was held at St. John's in February 1638-9, 1639. when an act was paffed, " for establishing the house of affembly." It enacted, that thofe who fhall be elected pursuant to writs iffued, fhall be called burgeffes, and fhall fupply the place of the freemen who chose themthat the gentlemen fummoned by the fpecial writ of the proprietary, and those freemen who shall not have voted at any of the elections, together with the governor and fecretary, fhall be called "the house of affembly”— that all acts affented to by that body; fhall be deemed of the fame force, as if the proprietary and freemen had been perfonally prefent, Slavery feems to havề gained an early establishment in Maryland, for an act of this affembly describes "the people" to consist of all christian inhabitants, "flaves only excepted." The perfecuting laws which were paffed by the Virginians; foon after this period, against the puritans, made the latter emigrate in confiderable numbers to Maryland, that they might enjoy, under a popish proprietary, that' liberty of confcience of which they were deprived by fellow proteftants.

In 1642 the burgeffes "defired that they might be 1642. feparated, and fit by themselves, and have a negative"fuch was their progrefs in entertaining juft conceptions of their own democratic rights. The governor did not grant their requeft; but they were afterward more fuccessful. The affembly of 1649 was affuredly divided 1649. F 2 into

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