Baltimore's grant called forth a strong remonstrance from members of the Virginia Company and all the leading planters in Virginia, including Claiborne. The matter was referred by the king to the Commissioners for Foreign Plantations, who heard the complaint, and July 3, 1633, decided to "leave Lord Baltimore to his patent" and "the other partie to the course of the law."[8 ] This certainly meant a decision against the wholesale claim of Virginia to the ancient limits, and was deemed by Lord Baltimore as authorizing him to go on with his settlement; and his patent authorized a form of government entirely different from anything yet tried in America.
The English colonies of Virginia and Massachusetts were founded by joint-stock companies really or ostensibly for profit. After the suppression of the London Company in 1624, the powers of government in Virginia devolved upon the king, and the government was called a crown government. Had Charles been a Spanish or French king he would have appointed an absolute governor who would have tyrannized over the people. But Charles, as an English king, admitted the colonists into a share of the government by permitting them to elect one of the branches of the law-making body. This concession effectually secured the liberties of the people, for the House of Burgesses, possessing the sole right to originate laws, became in a short time the most influential factor of the government.
Baltimore's government for Maryland, on the other hand, was to be a palatinate similar to the bishopric of Durham, in England, which took its origin when border warfare with Scotland prevailed, and the king found it necessary to invest the bishop, as ruler of the county, with exceptionally high powers for the protection of the kingdom. Durham was the solitary surviving instance in England of the county palatinate, so called because the rulers had in their counties jura regalia as fully as the king had in his palace. In Durham the bishop had the sole power of pardoning offences, appointing judges and other officers, coining money, and granting titles of honor and creating courts. In the other counties of England all writs ran in the king's name, but in Durham they ran in the bishop's. The county had no representation in the House of Commons, and were it not that the bishop was a member of the House of Lords, an officer of the church, paid taxes into the national treasury, and had to submit to appeals to the court of exchequer in London, in cases to which he was a party, he was, to all intents and purposes, a king, and his county an independent nation.
Baltimore by his charter was made even more independent of the king of England than the bishop, for neither he nor his province had any taxes to pay into the British treasury, and he held his territory in free and common socage by the delivery of two Indian arrows yearly at the palace of Windsor and a promise of the fifth part of all gold and silver mined. In legislation the bishop had decidedly the advantage, for his power to make law was practically uncontrolled, while the proprietor of Maryland could only legislate "with the advice, assent, and approbation of the freemen or the greater part of them or their representatives."[9 ]
One cardinal feature of Lord Baltimore's colony found no expression either in the government of Durham or in his own charter. On their liberality in the question of religion the fame of both George and Cecilius Calvert most securely rests. While neither realized the sacredness of the principle of religious freedom, there is no doubt that both father and son possessed a liberality of feeling which placed them ahead of their age. Had policy been solely their motive, they would never have identified themselves with a persecuted and powerless sect in England. In the charter of Maryland, Baltimore was given "the patronage and advowsons of all churches which, with the increasing worship and religion of Christ within the said region, hereafter shall happen to be built, together with the license and faculty of erecting and founding churches, chapels, and places of worship in convenient and suitable places within the premises, and of causing the same to be dedicated and consecrated according to the ecclesiastical laws of England." This clause was far from establishing religious freedom; but while it permitted Baltimore to found Anglican churches, it did not compel him to do so or prohibit him from permitting the foundation of churches of a different stamp.
About the middle of October, 1633, Baltimore's two ships got under way for America—the Ark, of three hundred tons, and the Dove, of sixty tons. The emigrants consisted of twenty gentlemen and about three hundred laborers; and, while most of the latter were Protestants, the governor, Leonard Calvert, brother of Lord Baltimore, was a Catholic, as were Thomas Cornwallis and Gabriel Harvey, the two councillors associated with him in the government, and the other persons of influence on board. Among the latter were two Jesuit priests, to one of whom, Father Andrew White, we owe a charming account of the voyage. Baltimore, in his written instructions to his brother, manifested his policy of toleration, by directing him to allow no offence to be given to any Protestant on board, and to cause Roman Catholics to be silent "upon all occasions of discourse concerning matters of religion."[10 ]
The expedition did not get away from England without trouble. The attempt to divide the territory of Virginia was not popular, and Catholics were looked upon as dangerous persons. The effort of the emigrants to sail without subscribing the necessary oaths caused the ships to be brought back by Admiral Pennington.[11 ] It was not until November 22, 1633, that they got off, and the ships took the old route to Virginia—by way of the West Indies.
February 27, 1634, they reached Point Comfort, where the king's letter addressed to Sir John Harvey insured them a kind reception. Here they learned that the Indians of the Potomac were excited over a rumor that they were Spaniards coming to subdue the country. After a stay of eight or nine days for fresh provisions the emigrants set sail up Chesapeake Bay and soon entered the Potomac River, "in comparison with which the Thames seemed a rivulet." At its mouth they saw natives on shore in arms, and at night their watch-fires blazed throughout the country.
March 25 the settlers landed on St. Clement's Island and erected a cross. Then leaving the Ark with most of the passengers, Governor Calvert, with the Dove, and a pinnace bought at Point Comfort, explored the river and made friends with the Indians. He found that they all acknowledged the sovereignty of the "emperor of Piscataqua," who, relieved of his apprehensions, gave them permission to settle in the country. The final choice of a seating-place was due to Captain Henry Fleet, a well-known member of the Virginia colony, who guided them up St. George's River, about nine miles from its juncture with the Potomac; and there, on its north bank, March 27, 1634, Leonard Calvert laid out the city of St. Mary's.[12 ]
Though we have little record of the early social and economic conditions of the settlers, the colony appears to have been remarkably free from the sufferings and calamities that befell the Virginians. This exemption was probably due to the following causes: there was no common stock, but the property was held in severalty; there was a proper proportion of gentlemen and laborers, few of one class and many of the other; Virginia was near at hand and provisions and cattle could be easily secured; and they had immediate use of Indian-cleared fields, because when they arrived at St. Mary's, the Yaocomocos, harassed by the Susquehannas, were on the point of removing across the Potomac to Virginia, and were glad to sell what they had ceased to value. It seems, too, that Maryland was healthier than Virginia.