UNIVERSITY OF CALIFORNIA LIBRARY 'tai mmmmmmmm WtlaM Digitized by the Internet Arciiive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/developmentofconOOscotrich THE DEVELOPMENT OF Constitutional Liberty English Colonies of America BY EBEN GREENOUGH SCOTT The Spirit of Liberty is, indeed, a bold and fearless spirit. " Daniel Webster. ** Les nations libres sont sttperbes" — Montesquieu NEW YORK G. P. PUTNAM'S SONS 27 & 29 WEST 2 3D STREET 1890 'f^ COPYRIGHT BY G. P. PUTNAM'S SONS 1882 Press of P. Putnam*s Sons Ne7v York ^ ^ TKIS WORK IS DEDICATED TO FRANKLIN B. GOVVEN IN TOKEN OF ANCIENT FRIENDSHIP, AND IN RECOGNITION OF HIS CONSTANT SYMPATHY WITH LITERARY EFFORT. ^ L \J ^' ^j' t A^ A V> O' PREFACE THIS work embraces a comprehensive view of those things in the life of the American people, previous to the War for Independence, which are necessary to be known in order to clearly understand why we are what we are. It discloses the Plan of Development contained in the history of colonial life in America. It is shown, that these United States are the direct and legiti- mate offspring of that great intellectual movement, which, for want of a better term, men called the Reformation ; that the Free Inquiry thence evolved, passed from religious subjects to politi- cal, and gave us, at last, as it had before given the people of Eng- land, a really constitutional government established on Freedom of Conscience and the Liberty of the Citizen. The change that came over us, as we passed from the age of Religious Inquiry through that of State Development, is described ; and the causes which made us what we are, and those which prompted us to do what we did, having been set forth, the events are narrated and the impulses disclosed, which, step by step, impelled us to assume the responsibility of independence and to take our place among the great powers. In considering this plan of Development the three great Eras into which it is divided are observed in connection : — The Era of Constitutional Development in England ; the Era of State Devel- VI PREFA CE, opment in America ; and the Era of Constitutional Development in America. The motive of each of these is likewise revealed : that of the First Era being Freedom of Conscience, that of the Second the Development of Tribal Institutions, and that of the Third being the Longing for Popular Sovereignty. Throughout this Trilogy of Eras glowed the Spirit of Liberty, which, in the final stage, became fierce, and crowned its long task by giving to our people political, religious, and personal freedom guaranteed by constitution. It is only when surveying its course from the eminence upon which the lapse of time has placed us, that the action of the law of development can be viewed in its entirety, and the constant force of its energy be calculated. Then we see, that this energy has expanded or advanced by steps of unequal length; that the development of the race or tribe is marked by successive stages ; and that the law which controls this energy is to be found in these stages or eras, and not in the individual phenomena which have been but its temporary expressions. Thus it is, that his- torical eras — which may be described as historical phenomena grouped into organic systems — are of greater importance to human knowledge than individual phenomena ; and thus it is, that the philosopher will seek the truth of history in eras rather than in the events of a day or the acts of individuals, however striking to the eye they may be. This work is the result of an endeavor to extract the truth of our early history by an application of the principle thus disclosed ; and hence it is, that it is not a history but a philosophical con- templation of what is known to be history. As such, therefore, it makes no pretension to the discovery of new facts or the dis- play of learning ; but, leaving the domain of original research un- touched in that respect, and presuming a knowledge of accepted history to be in the reader, it confines itself strictly to the work of evolving therefrom the historical plan of development. The lap:se PREFACE. V-11 of time and the patient research of earnest and conscientious workers have at last enabled this to be done. The notes and the matter in the Appendix, then, are given rather to assist, or to explain, than to instruct, and, whenever possible, are drawn from sources familiar to the general reader, or easily to be referred to by him. The Commercial Relations of the Colonies to the mother- country and to each other are set forth at large, and in con- nection with the causes that, according to Mr. Burke, made the spirit of our liberty fierce. This is the first time they have ap- peared in our literature as a cause of P^evolution, although we have had, staring us in the face for three fourths of a century, the positive assertion of no less an actor in the achievement of our independence than John Adams, that "if any man wishes to investigate thoroughly the causes, feelings, and principles of the Revolution, he must study this Act of Navigation and the Acts of Trade, as a philosopher, a politician, and a philanthropist." This done, a remarkable hiatus is filled up, and the story of our development from feeble communities to being a great power is believed to be here presented with all its stages defined and complete. Wilkes Barr^j Pa., yanuary^ 1882. TABLE OF CONTENTS. PART I. — The Era of Constitutional Development in England. CHAPTER I. INTRODUCTION. To what the Anglican migration westward was due— The United States the result~of the Great Movement or Revolution of the i6th century— The destructive and constructive periods of this movement— The course of the Great Revolution in the British Isles— The first stage of its Destructive Era, terminating with the accession of Charles I.; the second with the investiture of the Protector— Results of these Eras of Effort, and their effect upon absolutism— The Constructive Era, which began with the Protectorate— The absolutism of the Restoration and its inherent weakness— The Nomenclature of the Great Revolution- Meaning of the word Puritanism— What was Puritanism, and what did it do for England ? —What was the Revolution of 1688, and what did it do for England ?— The law of histori- cal development does not act with the regularity'- of physical laws ; characteristic of its advance and retrogression— In respect to the Colonies, the effects of the Revolution of 1688 were moral, not physical— What the Revolution of 1688 did not do for the Colonies- Conditions of colonial life favorable to liberty— In what the Revolution of 1688 worked positive ill to the Colonies— William the Third an absolutist in America— The relations of the Colonies to the Government during the reigns of Anne and the early Hanoverians— The good feeling terminated by the accession of George III. — The plan of absolutism,which, in attacking colonial liberty, was really aimed at the liberty of England — ^The popular feelings which aided the absolutists. The two Houses of Parliament and the people unite with the throne against the Colonies —The immediate cause of the outbreak in America— The Revolution of 1776 a manifesta- tion of the same force which produced the Revolution of 1688— The Revolution of 1776 accomplished the last great step of Revolution, namely, the transfer of sovereignty from the throne to the people — How society regarded the Revolution of 1776 — Its cause at first negative— Character of the revolutionists— Character of the Colonies — The conditions of Colonial life favorable to local self-government— Revolutions not affairs of battle-fields — The Revolution of 1776 instructive to those who would know how to be free. Advantage possessed by the history of the Caucasian tribes in America over that of others— The Trilogy of Eras which embraces the historical development of colonial British America— The controlling Force or Motive of each of these Eras— The Spirit of Liberty manifest in all. ......... 5-26 X CONTENTS. PART II,— The Era of State Development in America. CHAPTER II. DESCENT. REMOTENESS OF SITUATION. THE FORMS OF THE CO- LONIAL GOVERNMENTS, AND THE POLITICAL RELATIONS OF THE COLONIES. Mr. Burke's Six Capital Sources whence the fierceness of Liberty in the Colonies was derived— Two additional sources or causes: the Political Relations of the Colonics, a.nd their Commercial Relations — i. Descent — 2. Remoteness of Situation : the Laissez-faire policy, or policy of Governmental indifference. 3. The Forms of the Colonial Governments, and the Political Relations of the Colonies, (a.) Comparison of the nature of the English Colonies Avith that of the Roman and Greek: (i) the Roman Colonies; (2) the Greek Colonies— The English more like the Greek than the Roman; points of resemblance and difference ; the self-sustaining nature of the English. (5.) Three kinds of English Colonies in America: (i) The Royal or Provin- cial Colonies; (2) the Proprietary or Palatine, and (3) the Charter— Political separateness or distinction of these colonies from each other, and effect of their common allegiance to the same suzerain — Dr. Robertson's surprise respecting the charters commented upon — The Charters as compacts : they recognized local self-government— Amplification of the meaning of the term " chartered liberties." {c.) The colonial governments one in spirit though differing in form— Virginia : its exceptional character— Maryland— Pennsylvania, New Jersey, and Delaware — Massachusetts — New Hampshire— Connecticut— Rhode Island— New York— Colonies south of Virginia— Georgia— These Colonies free and self- governing : their self-taxing power not regarded as sources of revenue— Virginia's resist- ance to royal monopoly. (d.) The institutional nature of the English colonies— Definition of the word institu- tions — This institutional nature a race characteristic— The institutional development of the English colonies shown by contrast with the French colonies— The English carried with them institutional vigor; the French did not : illustrations— The extinction of French power in America to be attributed to the paucity and weakness of institutions— The insti- tutions of British America as ancient as the race. (e.) English colonization under the Stuarts— How it was that franchises were lavished so freely on the colonists— The predisposition of the English colonists to self-govern- ment a tribal characteristic — Love of the soil closely allied witli disposition for self- government — Self-government coincident with the landing of a colony, and simultaneous appearance of institutions— Effect upon the colonists of the contempt mai:-.tained by the English commercial classes : loyalty of the former — Political independence a natural sequence of the fierceness of liberty. ....... 29-58 CHAPTER III. RELIGION IX THE NORTHERN PROVINCES. Mystidsfti : Rationalism : Faith. Religion in the Northern Provinces : its chief feature toleration and freedom of con- science — The localities where the principle of freedom of conscience were most apparent — This freedom a natural progenitor of political freedom— Free Inquiry passed from relig- ious to secular subjects in America as it did in England, but without violence— The Colo- nies at the first glance unfavorable to religious freedom : intolerance, nevertheless, shown to be inherently feeble— State religion, how regarded by the English previous to the Com- monwealth ; dissent regarded as heretical— Rule for ascertaining the existence of toleration or intolerance in a community— Intolerance natural at the time of colonial settlement, and universal— Maryland and Pennsylvania exceptions. CONTENTS. XI I. — The Mysticism of West yersey and Pennsylvania. Quakerism : its mysticism, and the illustration it aflFords of a union of freedom of con- science and state instead of a union of church and state : effect of its appearance in America— Rise of the sect of Quakers, and character— What Quakerism attempted, and what it failed to attain— Its decline— Appearance of the Quakers in "West Jersey and Penn- sylvania—Apathetic condition of Freedom of Conscience at the time of their arrival — Their advent propitious to its continued existence as a social force — Freedom of Con- science in Rhode Island— To what the favorable influence of Quakerism upon this prin- ciple was due— The Quakers of West Jersey — Their first enactment is declarative of free- dom of conscience as a political principle — The constitution of their polity : its glory and its defects— Their notion of p^overnment, a f^overnment by the people— Pennsylvania a re- sult of West Jersey— The Quakerism of Pennsylvania a necessary expression of freedom of conscience — The times propitious to the settlement of Pennsylvania — Charter of Penn- sylvania: it recognizes local self-government — Comparison of it with the charters of Maryland and Rhode Island— Steps taken by Penn before leaving England— Declaration of Toleration — The Great Law of Chester : its provisions — It shows Penn to be in advance of his followers in respect to freedom of conscience — The prudence and foresight dis- played in the settlement of Pennsylvania : early prosperity of the colony— Passiveness of Quakerism : its effect in saving freedom of conscience to America — Freedom of conscience in Pennsylvania the gift of an individual, and not a conquest won by society. . 59-81 CHAPTER IV. RELIGION IN THE NORTHERN PROVINCES Continued. II, — Rationalism of N'eiu Englajtd. In New England Freedom of Conscience rises from Society instead of descending upon it— Puritanism of New England a direct expression of the Great Revolution or Move- ment—One and the same thing with the Puritanism of England— Llistorical importance of the New England colonization — The most emphatic expression of insubordination the times afforded— The immediate cause of the Puritan migration— Its motive one with that of the Puritan Revolution. The Pilgrim or Brownist migration — The Mayflower Compact— Not democratic- Analysis of the Compact— Importance of its assertion of autonom}' — An oligarch^' flowed from it. The real Puritan migration oegins with Winthrop's band of colonists— Character of these colonists— Their love of learning— The early Puritan a reformer — Not to be con- founded with the Independents or Separatists— Early Puritans a class rather than a sect- Distinction between the Pilgrim and the Puritan Fathers— The Puritan of the reign of James I. The Puritan emigration brought Puritanism pure and simple into New England, and assumed a sectarian character— Motive of this emigration— The object of emigration did not include the foundation of a State free in politics and religion — Freedom came by natural development — Pohtical well-being dependent upon natural development — The true greatness and well-being of a people to be ascertained only by observing its growth —The law of development— Its action is slow— This action illustrated by the career of Freedom of Conscience among the English. To what the development of New England character is due — Early Puritanism in America uneventful— Inefficacy of the early Puritan literature— The polemical strifes- Extraordinary diffusion of education among the Massachusetts and Connecticut Puritans- Adverse effects of an oligarchy upon the development of literature — The part performed by the rage for disputation— Its ultimate inclusion of secular as well as religious subjects, and its final change from disputatic/n to discussion : the Debating Society— Effects of early controversial theology. XI 1 CONTENTS. Advent of Roger Williams in Massachusetts : the part he performed in his life : the first to make Freedom of Conscience a constitutional principle of polity — His life previous to his arrival in America— His personal character at the time of his coming— The facts con- cerning his trial and expulsion from Massachusetts— The action of his judges not cen- surable — Historical significance of the trial of Roger Williams — The condition of the doctrine of toleration in the Plantations it disclosed — That doctrine involved in the issue of the trial— Development of Williams' ideas into a system— Soul-liberty— His disunion of Church and State — His notion of the relations held toward each other by the civil and ecclesiastical powers— The new subjects his doctrines gave to discussion— Growth and ex- pansion of these doctrines — His ultimate view of Freedom of Conscience — The view taken by him of the relations between the Indians and civilization— Character of Williams — Effect of his doctrines on American society — Effect of his doctrines on Vane and Milton. III. — Faith of Maryland. Settlement of Maryland— Sketch of Calvert— His character— His early attempts at colonization — Condition of the Roman Catholics under the pra-77tunire statutes — Calvert first seeks Virginia, but ineffectually — Difference between the New England and Proprie- tary Charters— The Maryland Charter— Aristocracy and faith serve Freedom of Con- science along with democracy and rationalism. ...... 82-123 CHAPTER V. MANNERS IN THE SOUTHERN PROVINCES ; MANNERS OF THE FRONTIER. 1. Southern Life and iJ/rt««^rj.— Enlargement of this capital source— The type to be found in Virginia and Maryland — Topography of these two provinces — Their distribution of population, and character of the people— Contrast between distribution of population in New England and in the South — What caused the difference — Disassociation the char- acteristic of Southern distribution ; it was enhanced by the topography of the country- Personal effect of isolation— Simplicity and purity of the language preserved— Lincor- rupted by the planters' foreign tours — Political effect of isolation— Class feeling and sense of individuality heightened by absence of middle class and isolation— Rare development of domestic life— Haughtiness of the planter— His hunger after land — His love of field sports— Freedom and purity of manners in the South between the sexes — Southern hospi- tality : its refinement— The winter visit to the colonial capital— The simplicity of life and manners extended to commercial transactions— The English squirearchy- The Southern squirearchy — Society in the Piedmont and tlie Valley — Its antagonism to the intolerance of the sea-board— How it differed from the planter society. 2. Manners of the Frontier. — The Leatherstockings and Pioneers — Their mode of life — Their military efficiency — The actual process of social organization on the frontier, from the block-house to the city— The love of local self-government manifests itself at every step as the directing force — The sense of personal freedom in the frontiersman greater than thesense of political responsibility. . . . . . . . 124-153 CHAPTER VI. MANNERS IN THE MIDDLE PROVINCES. 3. Pennsylvania. — The colonists commercial and agricultural — The different classes — Opposition to Quakerism— Greater diversity of nationality and manners than in the South — Philadelphia: its opulence ; culture; famous men— Its social life : Black's Diary — The colonial metropolis : its printing presses ; schools ; learned societies — The German element in Pennsylvania, or " Pennsylvania Dutch" : the Scotch-Irish— Greater diversity of population than in any other colony — Was highly conservative — The progressive party —The spirit of liberty in Pennsylvania stubborn but not fierce. . . . 154-163 CONTENTS. XI 11, CHAPTER VII. NEW England's five advantages as enumerated by john ADAMS; AND HEREIN OF EDUCATION. The Five Advantages possessed by New England over the other colonies— (^ ' \0\ erations there were few men in New England who were not edu- cated ; for, as a late writer remarks/ " it is probable that between the years 1630 and 1690, there were in New England as many- graduates of Cambridge and Oxford as could be found in any population of similar size in the mother-country. At one time, during the first part of that period, there was in Massachusetts and Connecticut, a Cambridge graduate for every two hundred and fifty inhabitants, besides sons of Oxford not a few." Such being the case, the colonists were probably the most educated body of people ever beheld, and not the least singular element of the sin- gular spectacle they presented to the world, was the extremely flourishing condition of classical knowledge in what was in reality a howling wilderness. Greek, though cultivated, was less known than Latin, but Latin was there, as in the Old World, the language of the learned. Hebrew was diligently studied. Of course divin- ity flourished, and that was the great difficulty of the day and of the people — it flourished too much. The State being an oligarchy, of which the clergy formed the ruling class, every energy was bent to secure a position in that class, and there was not a matron but hoped to live long enough to see her favorite son " wag his pow in the pulpit." That pious spectacle enjoyed, earth had no great- er bliss, and the happy mother could die content. As the clergy absorbed every aspiration and every energy of the better sort, it is natural that the feeble attempts at literature which expressed the independence of a few resolute minds, should be drowned in the deluge of profitless and windy disputation which marked the sacred rage of the day. Moreover, there, as everywhere else where priestcraft has had its way, the clergy were averse to a lit- erature which did not emanate from themselves : it was they, and no others, who were to feed the lambs, and the bold layman who raised his voice was eyed askance as one who infringed upon their sacred rights, then, as an intruder, he was made to feel that he was not at home, and, lastly, as an enemy he was stifled or ex- pelled. The clerical odium of freedom of conscience has always been extremely hostile to literature, whose greatest achievements, since the decline of monachism, when it escaped from the mon- asteries into the world, have been in spite of the clergy and not with their concurrence. The gloomy despotism of the New Eng- * Tyler, " Hist. Am. Lit.," i, 98. lo^ \ : J ^^ ; :.^ J . ^ i:oi\isjYf'ii7[WArAL liberty. land oligarchy did not belie this universal disposition, and the in- dependence of thought essential to healthy literature, when not plucked up by the roots, attained, to say the most, a precarious existence under its dark shadow. Accordingly, we find hardly any thing worthy the name of literature, and, of a consequence, where there was no literature there could be no literary class. The description that may be given of the Puritanical literature of Old England applies with redoubled force to that of the New. It con- stitutes a weary, hopeless desert, in which the few stunted growths that raise their heads, serve only to render more dismal the dreary waste around them. But, in the steadfast search after results, we cannot rest con- tented with showing what this general love and exercise of dis- putation did not do. It is not enough to note that it smothered any rising efforts toward profane literature, or that it failed to yield, on the instant, good fruits. In fact, even had it not pos- sessed the land to the exclusion of every thing else intellectual, it is hardly probable that a people, few in number, widely scattered, and whose days were devoted to a conflict with the elements for mere existence, could have given the world any literature worth speaking of, be the other circumstances of their condition what they might. There is nothing in the intellectual life of man unworthy of observation ; nothing, indeed, that should not be the subject of profound study. And so with this century of disputa- tion. The deserts have their uses, and this apparently intellec- tual waste, on its part, effectually served great ends. If we re- gard, as we should, the growth of a people as a composite fact, in which one of the details is but a step to something better, we must accept, without cavil, the conclusion, that in the plan of historical development, every phenomenon is a natural expression of design ; has, or has had, its uses ; and is, or has been, neces- sary to the fulness of that growth. In thus regarding the intellec- tual life of these colonies, the eye is at once arrested by the continued and long-sustained epoch of religious disputation, and, as the beholder stands amazed at the marvel of a wilderness re- sounding with the accents of what would be foreign to any place but the Sorbonne, the Synod, or at least the schools ; as he gazes in bewilderment at the spectacle of men, who, carrying their lives in their hands, seek refreshment, after the labor of subduing AN ERA OF DISPUTATION. IO3 savages and breaking the stubborn soil, in acrimonious debate on the doctrine of original sin, he naturally inquires, on gaining breath, For what good purpose can all this be ? The question would have been difficult to answer in those days, but with the results before us, the place this era of disputation filled in the formation of American character, is readily seen — it did for New England what the disputation of the schoolmen did for western Europe. In the days of inexorable physical toil, it served to render men's minds acute ; it kept alive the learning they brought with them, and it stimulated the love of letters in a people who, cast upon a rocky coast, might, otherwise, have been called upon to witness their intellectual life hopelessly sinking under the unequal contest it was compelled to wage with the hard and brutalizing forces of nature. It helped to conquer those forces, and was the only discipline which, under the peculiar constitution of this branch of society, the public mind could re- ceive. It is true, that the first thing these people did, was to organize a system of schools, with a college for its head ; but a little reflection will show us, what the recorded facts do, that, from the force of circumstances, many years must have elapsed before this system could become a self-sustaining, active, vitalizing social force. For a long time, in fact, those who could afford it, sent their sons back to England to be educated. In the meantime, what other field had this strange community to exercise its intel- lect upon ? It was a colony of religious enthusiasts ; its govern- ment was that of a religious oligarchy ; its State-house was the meeting-house ; religion was what brought them to that desert, and religion it was that was the very marrow of their bones. Cut off such a community from the world ; put it on the island of Juan Fernandez, and what would be the natural field of its public life ? The answer is to be found in what actually occurred in the New England colonies. The intellectual life of the public ex- pressed itself solely on religious subjects, the only ones it had at hand ; and, where no hierarchical organization exists, no liturgy, no ecclesiastical system, in a word, no church, but merely a band of religious enthusiasts, the intellectual life of religion universally expresses itself in long prayers, long sermons, and tedious dis- putations in the shape of debates in synod, in tracts, in essays, X04 CONSTITUTIONAL LIBERTY. and in books.' So with the colonists, and, in the plan of histori- cal development, we must ascribe this sway of the dialecticians to the thirst a youthful society felt for an outward expression of their intellectual life, the necessity of substituting the best make- shift for the means of education which were wanting, and the desire of stimulating the love of learning. That this was the part performed, is shown by the fact, that as society advanced and the means of education became abundant and of easy application, theological disputation faded away ; the meeting-house, as a place of assembly, was dropped for the school-house ; the lawyers pushed aside the preachers, and the conflicts of the pulpit gave way to those of the courts and of the debating society — an insti- tution, for such it is, which, having its origin in those disputatious days, still keeps its place with tenacity in every school-house of the North, and to which, far more than has been attributed to it, are due some of the most peculiar traits of our people. Were we to confine ourselves to noticing the effects of this wordy theology on the study of divinity and metaphysics in New England, we should find ample excuse for its existence in the known influence exerted by it in the discipline it wrought on the great mind of Jonathan Edwards.' But its effects have reached further, and have been more broadly extended, than can be dis- played in the works of one man. They extend to the present ^ The prayers were hours long. See instance of one of two hours' length, quoted from Sibley's " Ilarv. Grad." in Tyler, i, 189, 190. The sermons were longer still. Id., id. As to books, essays, etc., the fecundity was simply won- derful. John Cotton wrote books by the dozen. Tyler gives some of their names, from which I extract a few : "Of the Holiness of Church Members " ; ** The Keys of the Kingdom of Heaven " ; "A Modest and Clear Answer to Mr. Ball's Discourse of Set Forms of Prayer"; "Spiritual Milk for Babes " ; "A Treatise of the Covenant of Grace as it is Dispensed to the Elect Seed." Roger Williams wrote a book, the title of which was, " The Bloody Tenet of Persecution for cause of Conscience," which Cotton answered with, " The Bloody Tenet washed and made white in the Blood of the Lamb " ; to which Williams rejoined, " The Bloody Tenet yet more Bloody, by Mr. Cotton's En- deavor to wash it white in the Blood of the Lamb." This apparently silenced Cotton. Another Williams' title is, " George Fox digged out of his Burrowe " — disputing Quakerism. But, in fecundity, the ineffectual stars of these worthies pale before that of Cotton's grandson. Cotton Mather. This man actually wrote more than three hundred and eighty separate works (Tyler, ii, 79). In one year, besides doing the work of his pastorate, keeping sixty fasts and twenty vigils, he published fcnirteen books. The fasts, vigils, and the books, all told, surpass any thing the monks can show. 'From a single one of Thomas Shepard's books, Jonathan Edwards, it is said, drew nearly a hundred citations for his celebrated " Treatise concerning Religious Affections." — Tyler, i, 207. SECULAR DEBATE. 10$ day, and their influence is now felt by millions. The secession, or rather the expulsion, of Roger Williams let loose the flood- gates of controversy, and turned the attention of the colonists from mere theological questions to those which savored of the secular. The tide once turned, it pursued its course, and as dia- lectics subsided, reflections on the abstract principles of liberty, the fondness for discussing which is so prominent a feature of the Northerner, usurped their places. The science of politics is a practical one, and none have applied the principles of liberty more practically than the New Englander. But, on the other hand, while he acts practically, no one delights more in the ab- stractions of that subject than he. When the disputation of the pulpit died away, secular debate took its place, and, without yield- ing their love of abstractions, the theories of political life took the place of theological dogmas. Every American can recall the time, when, a beardless boy, he harangued his debating-society on the exceeding great glory of liberty, the different modes of govern- ment, the distinction between the several kinds of law, as, for ex- ample, the moral and the municipal ; and can remember, as of but yesterday, when he discussed, with the ease which only the assur- ance of youth can give, questions before which Plato and Machi- avel gave up the ghost in despair. The effect of such discussions on the youth of a republic is simply incalculable. Though it may be adverse to depth and thoroughness, it certainly produces familiarity with the subject, and a confidence which is of all im- portance to one who, from the mere fact that he is a voter, is, in a certain sense, a legislator. Without laying this national tendency entirely at the door of a Massachusetts conventicle, it is neverthe- less the fact, that this latent tendency was, as far as New England is concerned, warmed into life by it, and that these discussions can be followed back in an unbroken stream to the times when secular and forensic debate rose on the ruins of its progenitor, the theological disputation of the Puritan divines. Such was one of the effects of the early controversial theology of New England. It intensified in the breasts of one of the most practical people on earth a love of abstraction, and aroused a fondness for discussing the abstract principles of liberty, which might have been often tempered by them to their benefit, but which has never left them. I06 CONSTITUTIONAL LIBERTY, The pent-up enthusiasm and mental activity of the colonists had not long to wait before the sluices were opened, and the life- giving flood was suffered to pour over the fields. It was in the earliest days of the Boston settlement that there appeared a man about whom his fellow-colonists had much to say, and in whom posterity still takes the deepest interest. This interest is not mis- placed, and the character and the career of Roger Williams merit all the attention given them ; for, before Richelieu had laid the axe to the root of intolerance in France by making the church secondary to the state ; before Descartes had parted his lips with the utterance Cogito^ ergo suniy which prepared the way for free- dom of thought by recognizing the importance of the individual ; before the Baconian philosophy had given new direction to in- quiry, this man had maintained that free religion and freedom of thought were essential elements of the body politic ; and while Europe was yet the battlefield where contending creeds strove for mastery, and while Protestantism, dead to noble impulses, was sunk into drivelling disputation, and faith everywhere betrayed no force other than what lay in the gripe of intolerance, then it was that the voice of Roger Williams was heard in the wilderness cry- ing truths which were to be thenceforth accepted by the world as vital forces of social, religious, and political life. Freedom of conscience, until his time, had been regarded as a dream, or entertained only as a theory ; after his time it was a positive, substantial fact. His work in life seems to have been that of transforming this sentiment into a living force, and to him is due the honor of being the first who recognized it as a consti- tutional principle, and who actually erected a polity that had it for a foundation-stone. The effect of this action is incalculable ; but it is enough to say, that, from that moment, a new force was infused into American life, and that the Americans then began to assume the character which distinguishes them to-day. The es- tablishment of freedom of conscience as a constitutional element of the body politic effected, sooner or later, a total change in the character of American society. The Englishmen in America be- gan to cease being such, and to put on new armor that had been welded on the spot, and, after the lapse of two centuries and more, it is no exaggeration to style the man who brought this transfor- mation to pass, the First of the Americans. ROGER WILLIAMS. 10/ Roger Williams was probably a Welchman, who had drifted to London, where he attracted the attention of no less a person than Sir Edward Coke. There must have been something powerfully attractive in him to kindle the sympathy of that dry and crabbed lawyer, but so it was, and 'Coke's interest being happily of the practical sort, exercised itself in giving the lad an education. He first procured him admission to what is now known as the Charter- house, or Blue Coat School, and afterward had him entered at Pembroke College, Cambridge. The world has never been in haste to ascribe excessive goodness of heart to Coke, and it may be that to his sagacity rather than to sympathy, is due the foresight which detected greatness in Williams, and the kindness that fos- tered him : but whatever the motive, it was a good one, and to Coke must be assigned the credit of having given to the world one of its foremost men. After he had taken orders in the Church of England, his whole view of religion, and particularly, of the relations which religion ought to hold toward the conscience of the individual and the powers of the State, underwent a radical change. He could no longer subscribe the Articles of Faith, and, cutting loose from the Church, he became a Puritan, or rather, as the term meant in those early days, a Reformer ; and a reformer he certainly was in every sense of the word that is good and noble. At last, his safety being threatened, flight was the only thing left him, and so, without having time to say farewell to his benefactor, he shook the dust of England from off his feet, and bent his way toward Massachusetts. When he reached America he was about thirty years of age. His mind was active and clear, and he reasoned well ; he had studied hard, and was learned ; he had thought much, and was a man of opinions ; he had sought light, and had convictions ; he was ambitious, resolute, courageous, and of inflexible will ; he had winning manners,^ and being of an amiable, sociable disposition, was born to persuade men — yet the first thing he did was to set them against him. Much has been said of the short career which terminated in ^ "A man lovely in his carriage." — Edward Winslow, " Hypocrisy Unmasked," 65. The New England literature of the time teems with Roger Williams ; but for a modern view of him. and for citation of authorities, consult Dexter's *' As to Roger Williams," though not written in a very friendly spirit. I08 CONSTITUTIONAL LIBERTY, the expulsion of Williams from the infant settlements of Massa- chusetts Bay, and the agitation caused by his abrupt departure does not seem even yet to have entirely subsided. It has not in itself, however, greater importance than any event has which may be regarded as the first step from which great results have flowed, and it may be dismissed after a brief consideration. The facts of the case are few and simple, and the affair may be summarily described as follows : — Roger Williams, a licensed member of a hierarchy, and an accepted member of an oligarchy, conscientiously made use of his position to preach doctrines which were viewed by the hierarchy as heretical, and by the oligarchy as seditious. For such offence he was conscientiously tried, con- victed, and sentenced. Before the sentence was executed, and while it was yet held in suspense, he contumaciously repeated the offence, and the indignation of the authorities being thus excited, he deemed it best to flee the colony ; and this he did. The part performed by those who sat in judgment on him is perfectly intelligible. The colonists had sought seclusion for the very purpose of enjoying their peculiar tenets unmolested, and to effect this purpose the corporation of which they were members was rendered a close one to those outside and a disciplinary body to those within. From circumstances and from the charter, civil power was lodged almost exclusively in the hands of the mem- bers, and from their character and disposition this power was allied with, and was made subservient to the ecclesiastical power. There being but one creed the result was an oligarchy. Those were the days when the union of Church and State seemed natu- ral, and, in this respect, if the colonists were no better they were not much worse than the most civilized communities of their day. By the standard of their times must they be judged, for it would be unreasonable to exact of a community that it should reflect greater light than what was shed upon it. If, then, the Puritans are to be censured, they must be so for the oligarchy which they erected, and for exacting and excessive exercise of a principle at that time universally admitted to be true ; but for the principle itself they cannot be held responsible, however false it may be, inasmuch as it was not in their power to know better. No Roger Williams had yet taught them better things ; for his ideas, still confused, half-formed, and urged with hysterical energy, had not THE PURITANICAL VIEW OF HIS CASE. lOQ assumed the harmonious and systematic shape in which we be- hold them, nor were they presented as those which had been tried by experience ; and they lacked the self-asserting force that time only can give to doctrine. The admitted fact, that Williams was in advance of the age, blunts of itself the edge of censure, which must be reserved for the descendants of these Puritans, who maintained this principle long after Williams and his disciples had exposed its fallacy, and long after freedom of conscience had displayed its surpassing worth and set them a bright example in other communities. It is not strange that, wanting the power of vision to discern in the new light which broke so abruptly upon their eye the dawn of a brighter and better day than that in which they were groping, the colonists should behold in a rising sun only another of the many false lights which had already to their sorrow gone out in utter darkness. To us their error may be plain enough, but it must be admitted, that, from their standpoint, and it was the only one they had, they acted rationally and dis- played a sense of duty in promptly resisting innovations which threatened to unsettle their faith and to disturb the repose they were bound as trustees to do their utmost to maintain. To a people who regarded reverence for the king as a virtue second only to reverence for God, and to whose existence it was essential that the ground they stood upon should be theirs, — to such a people, the assertion that the appellation of "most Christian king" conveyed a falsehood, and the denial of their patent's validity implied in the proposition that the Indian title never had been and never could be divested by an alien, even though he were the King of England, were serious and shocking things which com- bined within them disloyalty to the crown and hostility to the settlement : and what could be more abominable and monstrous to those to whom the union of Church and State seemed natural, and who were themselves oligarchists, than the denial that the Establishment was a church, and that the civil power had nothing to do with executing its decrees, even if it were ? In fact, when we consider what the age was, and how far Williams was in advance of it, we have no right to be astonished at the course taken by the colonists in his case, nor is there ground for censur- ing them ; the less so, as the more conscientious they were, the more relentless they had to be, their principles being accepted as no CONSTITUTIONAL LIBERTY. true. In this matter of the trial of Roger Williams, the party really deserving censure seems rather to be the one that dis- played so little tact and judgment as to force food upon those whose stomachs were not strong enough to bear it, and to be he who showed so little knowledge of mankind as to attempt by assault the demolition of prejudices which can be dislodged only by gradual and persistent approach/ In the moral order of things, nothing, except truth itself, has such vitality as prejudice or is so tenacious : it appears in the same guise, it flies the same banner, it wears the same armor, it contends for the same ground, it is nerved by the same conscientiousness, and all it lacks of be- ing the same thing is having the same soul. The trial of Roger Williams will ever retain its deep significance from the fact, that one of the charges against him was, that he maintained " that the civil Magistrates* power extends only to the Bodies and Goods, and outward State of men." It may be, as Cot- ton says, that this, though charged, was not one of the reasons for Williams' banishment ; but the fact that at this time, and in this place, the subject was a point of such variance between the parties as to be made by one of them a charge against the other more than smacking of criminality, has a significance which the reasons Cotton assigns for its not being a cause of expulsion only empha- size : " There are many known to hold both these opinions [one of these is that here given], * * * and yet they are tolerated not only to live in the Commonwealth, but also in the fellowship of the Churches " ; which is not a denial that such charge was made, but an argument that it could not have affected the ver- dict. Such being the case, several things are evident : (i) That tol- eration, though not accepted by the community as such, was en- tertained by "many" members of that community; (2) that it seems to have so far made its way, that its existence in the breasts of individuals was " tolerated " by the Commonwealth and the Churches ; and (3) that it had assumed such proportions and had become so formidable in the eyes of the Commonwealth and Churches as to justify the censure and the attitude of hostility to it involved in so solemn an act as an indictment, or what was equivalent to one. ^ For a different view of this subject, see Appendix C. A NEW FORCE IN AMERICAN LIFE. 1 1 1 These facts being apparent, it is manifest that this event did in- volve the principle of intolerance, and thereby the union of Church and State (for the term " Commonwealth and Churches " is but another way of saying " Church and State"), and that Williams' preaching had struck at its root. For, otherwise, wherefore the necessity of contradiction, which the trial itself on such a charge implies, or of evasion, v/hich the denial of its being a cause of banishment is after it was officially stated to be such during the sentence ? It has been already laid down in another part of this work,* as a rule whereby to ascertain the existence of toleration or intol- erance, that, where the civil power is made subservient to the ecclesi- astical in the prescription of doctrine^ the maintenance of discipline^ or the extirpation of heresy^ there is intolerance ; where it is not so sub- servient^ there is toleration. Judged by this rule, the Puritan oli- garchy, like many a better organization of its day, was intolerant. But the limitation of the civil power to " the outward State of men," so insisted upon by Williams, does not suffer that power to reach their inward state, or conscience, and deprives the church of the power to regulate faith by corporal force. This is tolera- tion, the first and great step to freedom of conscience. Tolera- tion and intolerance, then, met each other at this trial face to face. That toleration was resisted by the court, or evaded by others as interested, shows with equal conclusiveness that it was involved in the issue before the court ; that Williams then fought, or stood ready to fight, for the cause of Cotton's ''many known to hold [this] opinion " ; and that the trial is justly, as it is generally, considered to be the point whence freedom of conscience in Amer- ica started on its career as a vital and aggressive force. This trial, then, is important in showing that the doctrine of freedom of conscience was strong and bold enough in the settle- ments of Massachusetts Bay, in the year 1635, to struggle for a foothold and assert its existence as a social force, and that it then had vitality enough when worsted in one locality to plant itself successfully in another. It has an additional value to the observer in this, that it affords a historical date whence the career of that force in this country can be pursued, and that it offers a stand- ard whereby its attempts and success in other communities can be measured. * Page 62. 112 CONSTITUTIONAL LIBERTY. The doctrines set forth by Williams at Plymouth and Salem were but rudimental. They did not assume the form of a system until after his departure from Massachusetts, and until he had a community all to himself upon which to experiment. His progress of thought is defaced by the contradictions, the inconsistencies, the impetuosity, the extravagance, and the errors to which all human action is incident : but he held steadily on his way, having been taught the bitter lesson, that, no matter how great the inspiration of the prophet, truth can be planted in the hearts of men only by patience in well-doing. Like those of other great thinkers, his steps at first were slow and halting ; he himself was restless and wayward ; but as experience lent him confidence, he walked more and more erect, until at last, when he felt the ground solid beneath his tread, he bounded eagerly forward into the newly discovered realms that teemed with glorious visions, and where truths, like Alp on Alp, rose before him. Roger Williams' whole being was possessed by the one great principle that the soul should be free, and he was wont to express his heart's aspiration by the term " soul-liberty." He boldly threw down the gauntlet to the world, by announcing that soul-liberty was of God, that conscience was by nature free, and that it was the duty of human society to preserve intact that freedom, whereof the least violation was invariably but the first step to soul-bondage. The conscience, the soul of man, being free, no limits bounded that freedom but those set by the Creator. Of a consequence, any limitation imposed on the conscience of one man by another, was an interference between the Creator and the created ; it was intolerance, a thing altogether abhorred by God and unjust to man. Religion being a relation that existed solely between the Creator and the created, God was the only judge of the latter. No relig- ious organization, then, had a shadow of right to dictate what one should think or what one should do in matters religious. As a necessary deduction from this conclusion, no such right existing, there were no need of agents to enforce the observance of faith, nor any right to use them. Consequently, the use of the civil jurisdiction by the ecclesiastical, and the subordination of the former to the latter, had no justification, and was, in fact, a mon- strous perversion of truth, which called for immediate reformation. Thus, at one blow, Williams would have cloven the Church and DIVORCE OF CHURCH AND STATE. II3 State asunder, and sponged from the statute-roll the very mention of conformity or non-conformity. Heresy, with him, had no ex- istence, and, carrying his doctrine to its conclusion, he fearlessly asserted that compulsory worship of God was an abomination ; that, where the spirit was not a willing one, worship compelled was an offence to the Deity ; that if one would not worship, he should not be made to do so ; and that no man should be com- pelled to support any religion whatever, least of all one in which he had no faith/ This doctrine overturned the intolerance whereby the civil power is made the agent of the ecclesiastical in the prescription of faith and the extirpation of heresy, and left error at the mercy of the only power that can combat it — truth. It was the sentence of divorce between Church and State, and it ordained that neither should have any thing to do with the other, further than extend- ing the protection under which the latter is bound to shelter every element of society ; yet this protection was to be given, not so much to the institution, as to the worshipper, in whom lay the natural right to freedom of conscience, and, consequently, the in- herent right to freedom of worship. No man has ever had a clearer view of the true relations existing between the civil and ecclesiastical powers. The civil magistrate, he says, may not in- termeddle even to stop a church from apostacy and heresy * * * his power extends only to the bodies and goods and out- ward estate of men.'' But if the power to impose a style of wor- ship on the individual was denied, nothing could be more posi- tive, nor more catholic, than the emphasis with which he asserted the duty of society to protect the consciences of its members, be who and what they may. Jew or Gentile, Christian, Turk, or Pagan, all were, as the children of God, alike to this apostle of liberty,' who would have men learn that one poor lesson of setting ^Bancroft, i, chap, ix : " No one should be bound, to worship, or to main- tain a worship against his consent." "Queries of Highest Consideration": " We query where you now find one footstep, print, or pattern, in this doctrine of the Son of God, for a national church." Again : "A tenet that fights against the common principles of all civility, and the very civil being and combinations of men * * * by commixing * * * a spiritual and civil state together." ' Quoted from a rare tract in Bancroft, i, chap. ix. * " It is the will and command of God, that * * * a permission of the most Paganish, Turkish, or anti-Cliristian consciences and worships be granted to all men, in all nations and countries ; and they are only to be fought against with that sword which is, in soul-matlers, able to conquer, to wit, the sword of God's Spirit, the word of God." Quoted in Tyler, i, 254. 114 CONSTITUTIONAL LIBERTY. absolutely the consciences of all men free/ and who would have lifted his fellows to that sublinne height, where charity forbids per- secution, and where common-sense disdains it as a confession by error of the truth it cannot overcome.'' This assertion of a doctrine which placed the civil and ecclesi- astical jurisdictions, each on its own ground, naturally drew at- tention to the nature of each, and the just relations they bore one another. Heretofore, men had contemplated them in unison, but now they were called on to observe them separately, and as, to the mind's eye, the State now stood by itself, a secular tone henceforward characterized the discussions of the colonists. What the true nature of government was, contested the ground with questions relating, for example, to the efficacy of infant baptism, and the mind broadened with the new field it was called upon to explore. Williams himself profited by his own doctrine, to which he was ever faithful, and as he ascended height after height of the elevation whither it led him, his vision became clearer and more far-reaching, until at last the ever-receding horizon embraced results, of which, in his earlier writings, the existence does not seem to be suspected. Doubtless, at first, his conception of his great doctrine was limited to its effects upon the moral and men- tal condition of the individual only, and then it embraced the religious condition of society, by a short and easily taken step. But his mind expanded with the glowing years, and at last he views its effects on the social and political condition of the State, and of the whole world. To us, who have been born long since intolerance ceased to be formidable north of the Alps and of the Rio Grande, and to whom the effects of this doctrine are more familiar in the constitution of the State than of the Church, it seems strange that his ever-pushing intellect should have been so slow in foreseeing its mightiest conquests. But such has been, almost always, the lot of those from whose brain great ideas *" The Bloody Tenet yet more Bloody, by Mr. Cotton's Endeavor," etc. ' " For me, I must profess, while heaven and earth lasts, that no one tenet that either London, England, or the world doth harbor, is so heretical, blas- phemous, seditious, and dangerous to the corporal, to the spiritual, to the pres- ent, to the eternal good of men, as the bloody tenet * * * of persecution for cause of conscience." — Id. " — a monstrous paradox, that God's chil- dren should persecute God's children." *' Narr. Club Pub.," i, 319. " Perse- cutors of men's bodies, seldom or never do these men's souls good." Ibid., 327- 328. THE SHIP OF STATE. II5 have sprung ; they have had to live up to them, and, though their force has been instantly felt, it has almost invariably taken years for their creators to appreciate their compass. It is not, there- fore, until 1652, that we have from him the evidence of a foresight embracing the last measure to be meted out by the doctrine of freedom of conscience — to be^ for a glance shows us that the world is still far from the point his vision reached. " The removal of the yoke of soul-oppression," ^ he says, " as it will prove an act of mercy and righteousness to the enslaved nations, so it is of bind- ing force to engage the whole and every interest and conscience to preserve the common liberty and peace." ' Thus from a free conscience he advanced to a state of society where peace and good-will should dwell among men. He was no dreamer, but a doer of his word. He was thorough, and when a principle once rose from the depths of his mind, he made no toy of it, but, fixing it immovably in his heart, made it part and parcel of his being, and straightway sought the means of putting it in force. Thus, he had not been long in the land, before the condition of the Indians having excited his benevo- ' " The Hireling Ministry none of Christ's," 29. " Here may be given his admirable description of a commonwealth, wherein the distinction of Church and State is observed, and the true relations they bear to one another are set forth. It contains, in petto, his whole doctrine, and is taken from his " Letter to the People of Providence," A. D., 1655. " There goes many a ship to sea, with many hundred souls in one ship, whose weal and woe is common, and is a true picture of a commonwealth or a human combination or society. It hath fallen out sometimes that both Papists and Protestants, Jews and Turks, may be embarked in one ship ; upon which supposal I affirm, that all the liberty of conscience that ever I pleaded for, turns upon these two hinges — that none of the Papists, Protestants, Jews, or Turks, be forced to come to the ship's prayers or worship, nor compelled from their particular prayers or worship, if they practise any. I further add, that I never denied that, notwithstanding this liberty, the commander of this ship ought to command the ship's course, yea, and also command that justice, peace, and sobriety be kept and practised, both among the seamen and all the pas- sengers. If any of the seamen refuse to perform their services, or passengers to pay their freight ; if any refuse to help, in person or purse, toward the com- mon charges or defence ; if any refuse to obey the common laws and orders of the ship, concerning their common peace or preservation ; if any shall mutiny and rise up against their commanders and officers ; if any should preach or write that there ought to be no commanders or officers, because all are equal in Christ, therefore no masters, nor officers, nor laws, nor orders, nor corrections, nor punishments ; — I say, I never denied, but in such cases, whatever is pre- tended, the commander or commanders may judge, resist, compel, and punish such transgressors, according to their deserts and merits. This, if seriously and honestly minded, may, if it so please the Father of Lights, let in some light to such as willingly shut not their eyes." Il6 CONSTITUTIONAL LIBERTY. lence, he gave himself to a consideration of the relations in which they stood to the colonists, their rights, their wrongs, their perils, and their safeguards. The result of it was, that he came to the same conclusion which afterward placed William Penn among the benefactors of mankind : — that whatever rights civilization pos- sessed, ipso facto, over the unsettled and barbaric parts of the earth, it had no right, however nomadic or savage they might be, to divest the title to the soil from the aborigines. This doctrine, it may easily be imagined, gained him little credit with his neigh- bors, whose self-interest took alarm at what seemed to strike at the vitality of the patent to their lands, and the vitality of their political constitution. But the good-will he lost among those of his own race was compensated by that of the race to be benefited, and when he was flying from the intolerance of one, he was hos- pitably received by the other. To his dying day he never ceased to be grateful for the help then extended, and in his later years, he tenderly referred to it by saying, " The ravens fed me in the wilderness." Nor did he content himself with this expression of gratitude. He made the cause of the Indians his own ; he ad- vocated it in high places, and, like Eliot, betaking himself to the study of their language, he ministered unto them in their own tongue. He, on his part, had little cause to accuse them of in- gratitude. Roger Williams was the man for the times and for the place. A genius, with an intellect as clear as it was fervid ; with convic- tions so intense as to make him dare all to enforce them ; with those convictions broadened by great knowledge and experience, tempered by never-failing benevolence, and adapted, as the growth of surrounding circumstances, to the needs of the com- munity ; with a courage that laughed at wounds, a resolution which never faltered, an enthusiasm which never failed, a good- nature which softened the hearts of savages, and a sincerity which retained for him the respect of such men as Winthrop; with untiring energy and a robust constitution, he was, of all men, the man best fitted for breaking down a despotism, establish- ing a principle, or founding a State. He would have been great anywhere. He would have made a name for himself equally in London, as in Providence, but such a fame as he deserves, is due only to one who, like him, has not only planted a State, but, who FAITH SEEKS MARYLAND, \\J has forever stamped the millions that populate the other common- wealths of his race, with an impress all his own. He was impul- sive, rugged, earnest, and thorough. Had any other sort of man than the one he was, ventured to do what he did, it is hardly probable, that the work of his lifetime had ever been accom- plished. The iron despotism which chilled Massachusetts might be making itself felt to-day ; the colony, as it increased in num- bers, would have gone on from bad to worse, and, instead of a commonwealth whose name is synonymous with all that is good, intelligent, charitable, and wise, we might be contemplating a community, the very name of which would strike our hearts with the chill which creeps over us at the recollection of Rochelle, Drogheda, Geneva, the Cevennes, and Piedmont. Worse than this : had America, instead of being inspired by this noble impulse, been indoctrinated with the absolutism, almost Venetian, then existing, she might never have been blessed by the light which now illumi- nates her path ; and freedom of conscience and the liberty of the citizen, the two kindred principles which have made us what we are, might have shaken our dust from off their feet, or passed us by as unworthy of their presence. The doctrines of Williams, in the course of events, returned to the land which had borne him, and leavened there, also, the lump. Although Williams does not seem to have produced much effect on the public by his tracts and essays, there is no question that the advanced position taken by his friends Vane and the poet Milton was owing in a great measure to his personal influence over them while on a visit to England. The part taken by both these friends in behalf of freedom of conscience is too well known to be repeated. They not only brought the doctrine before the people and advocated it, but they rendered the subject a familiar one, and, having paved the way to its accomplishment by their speeches and writings, trod it themselves. Faith of Maryland. At the same time that the Brownists, or Pilgrims, and, after them, the Puritans, were turning their eyes toward the West in wistful search of a place of shelter, another body of religionists, from the same cause, and with the same object, were doing the 118 CONSTITUTIONAL LIBERTY. same thing. The Roman Catholics, persecuted during four reigns, were also looking across the Atlantic for a haven of rest. It must be said to their praise that the modes by which they sought to effect their ends have shed upon the colony of Maryland a dis- tinction which increases with the augmenting appreciation of the principle of freedom of conscience, which everywhere marks the progress of modern enlightenment. George Calvert, a friend of Sir Robert Cecil, was a native of Yorkshire, and of a good family. Educated at Oxford, he was advanced by Cecil in public life, was knighted, and became one of the secretaries of state ; in which position he gained reputa- tion with the people, and favor with the king. As a member of Parliament, he was thrown into the whirlpool of the rising dis- cussion of the times, but being a thorough adherent of stability in matters of religion and state, the stronger the tempest blew, the more tenaciously he clung to principles that were defined, and to institutions that were old and rooted. He was a man of great capacity for business, of a clear and broad intellect, with reflective habits, and of a warm and benevolent disposition. He was also a man of resolution. Aristocratic, courtly, urbane, and withal just ; while, in common with Roger Williams, he loved truth and hated iniquity, no two men could be more unlike. They sought their ends at opposite poles — one left the Church of England for Independency, or rationalism ; the other for Roman Catholicism, or credulity unqualified : both share the glory of giving freedom of conscience to America, Under the law, Calvert, on his conversion, had to resign his place, which, with its great emoluments, was cheerfully abandoned by one to whom the free exercise of his convictions offered greater wealth ; but James the First, always kind to those who supported the royal prerogatives, as the Catholics unhesitatingly did, retained him in the privy council, and, as a mark of his esteem, and as a reward for faithful service, created him an Irish peer, under the title of Lord Baltimore. For many years the attention of Balti- more had been directed toward America — he had been a member of the Virginia company, — and he had gone so far as to secure a patent for a portion of Newfoundland.* The poverty of the soil, however, and the severity of the climate had no compensation, ^ It is narrated that he twice visited that coast. — Bancroft, i, chap. vii. PR^MUNIRE. 1 19 now that the freedom of the fisheries was established, and he abandoned the hopes of a settlement in those parts, and at last gave up the territory itself, and turned his eyes toward Virginia. At that time the condition of the Roman Catholics in England was as burdensome as intolerance could make it. It was hardly possible for one of that belief to conform to the rules of his church ; much less to worship God in his own way. If the attempt was made, it was at the risk of the pains of prcBmunire. This offence took its name from the words of the writ preparatory to the prose- cution thereof,^ which warned the accused to appear to answer the contempt charged ; which contempt was recited in the pre- amble. It took its original from the exorbitant power formerly claimed and exercised in England by the pope, and was, in the time of Lord Baltimore, almost altogether directed against the vio- lations of the statutes against Papists, When we learn what some of those statutes were, the condition of a Romanist in England, and what Calvert had to face in order to become one, may be easily comprehended. To refuse the oath of supremacy incurred the penalty oi pra- munire^j to defend the jurisdiction of the pope within the realm was 2. prcEtnunire for the first offence, and high treason for the second '' ; to import any agnus Dei, crosses, beads, or other super- stitious things pretended to be hallowed by the bishop of Rome, or to tender the same, or to receive them without discovering the offender, and, if a justice of the peace, not to declare the offence within fourteen days to a privy counsellor, — all these things in- curred a prcemumre.* Importing or selling mass-books, or other popish books, incurred the liability to a fine.^ To contribute to the maintenance of any popish seminary whatever, beyond sea, or any person in the same, or any Jesuit or popish priest in England, was made liable to the pains of prcemunire.^ To sue to Rome for any license or dispensation, or to obey any process from thence, was \.omcwx 2. prcBmuni re.'' These are only some of the statutes en- acted for the abolition of a certain religion. The Romanists v/ere also in jeopardy, moreover, under the statutes against heresy, and to effect this end, we see that one result is to create, and set apart '4 Blackstone's "Comm.," 103. '5 Eliz., cap. i. ^ Ibid. * 13 Eliz., cap. 2. ^3 Jac. I, cap. 5, § 25. ^27 Eliz., cap. 2. ' 24 Hen. VIII, cap. 12 ; and 25 Hen. VIII, cap. ig and 21. 120 CONSTITUTIONAL LIBERTY, for persecution, a special class — to wit, the adherents of that re- ligion. Nothing more forcibly illustrates the spirit of intolerance than the legislation of England against the Romanists, unless it be the course of the Roman church itself against heretics, and the laws and deeds of the Puritans against everybody but them- selves. Under these statutes an English Roman Catholic was practically debarred from the enjoyment of any of the ministra- tions of his religion ; for he was forbidden so much as to give a farthing to the maintenance of the only one at whose hands he would receive such ministration ; he could not console himself in the absence of the priest with the ordinary aids to devotion, for it was a crime to sell him the books he required, and he could import none himself, and for doing what every Protestant matron who visits the Vatican gladly does for the humblest Catholic domestic — bring back a rosary blessed by the pope — any one, Protestant or Catholic, was liable to the pains of prcemujiire. What those pains were, may now be seen : — " that from the conviction, the de- fendant shall be out of the king' s protection, and his lands and tene- ments, goods and chattels, forfeited to the king ; and that his body shall remain in prison at the king's pleasure, or (as other authori- ties have it) during life'' ^ If the Brownists, who were simply harried by the government, sought to escape, it is not surprising that the Roman Catholics, who were thus born to be criminals by statute, and whose heredi- tary reward for devotion was imprisonment, for life, or, at the least, proscription as a class,'' should eagerly strain their eyes in the direction of the West for a city of refuge. *Coke, I " Inst.," 129. ' The following letter from Sir Maurice Fortescue to the Earl of Chesterfield conveys an idea of the situation in which the Romanists found themselves in Ireland so late as the last century. [No date is given.] " The Catholics being thus peaceable and well-disposed, I pray you, my Lord, consider the many dis- abilities and misfortunes of our condition. A Catholic has every worldly advan- tage to gain by changing his faith. For a Catholic cannot buy land nor lease it for longer than 31 years, nor loan money on mortgage ; if, by his industry, he makes more than a third penny profit, any Protestant who may choose to denounce him may take his land for the trouble ; he cannot educate his chil- dren save as Protestants or beyond the seas, and if he dies while they are yet of Itnder years, they may be taken from their Catholic kindred and reared among Protestant strangers ; he cannot become a lawyer or a soldier, nor occupy any public office, not so much as that of a constable, or tithe collector, nor to speak of a justice or member of Parliament ; if he be a tradesman, his trade is ham- pered by all kinds of quarterage ; if a gentleman, he may not carry a gun, nor wear a sword, nor own a horse valued above 5 guineas ; and yet he that is thus excluded from all management of public affairs, and from all opportunity of THE MARYLAND CHARTER, 121 Foremost among those who sought to deliver his people from the bondage of this death, was Lord Baltimore, who went in per- son to Virginia with the purpose of effecting there the settlement of his followers. But Virginia was the stronghold of conformity ; it especially avowed the exclusion of Romanists from its territory, and, as an earnest expression of this avowal, it tendered Baltimore an oath, which no one of his faith could take, and which it was not expected he would subscribe. He proposed, as a compro- mise, a form of his own, which, happily for our country, was ob- stinately rejected, and he was forced to seek a soil as yet unen- cumbered by the stumbling-blocks of intolerance.^ This he did, and in gratitude for the royal favor, which gave him a charter on his own terms, he named it after the queen, Maryland. There is this difference between the New England charters and one such as that of Maryland — the former were given to compa- nies ; they were really nothing but franchises granted for the pur- pose of trade, through which the colonists, by their own exertions, acquired from time to time, such liberties as were not theirs by the mere fact of being British subjects. But the charters, such as that of Lord Baltimore, were very different affairs. In them the royal franchises were deliberately and solemnly parted with by the throne, and vested in the grantee, who thus became a Proprie- tary, or Lord Palatine, and who was thus constituted the guardian of the liberties of the colonists, as well as their governor. These liberties the proprietary colonists brought with them ; those, the company colonists had to acquire as best they could. Where, as was commonly the case, the grantee was a favorite of the king, pleading his own cause, is taxed more heavily than any other to support Church and State. "My Lord, I am sensible that many of the most galling of these laws are soft- ened by the good-nature of Protestants, but I would most respectfully ask your Lordship to consider what tremendous temptations are offered to men of indif- ferent virtue to profess a religion which they do not in their souls believe. And * * * I would beg you to reflect whether men that resist such temptation have not at least one merit, and should be utterly crushed and subjugated." — Lippincott's Magaz., May, 1879, 5^9* For such class-oppression, the only remedy is that prescribed by Defoe for the plague — to fly from it. This writer gives likewise the date when emigration from Ireland began. He attributes it to " the killing of the wool manufacture by the Act of 1699 [proba- bly 10 and II William III, c. 3, ed. of Article], * * * and from that time began the mortal drain on our population, which takes from 3,000 to 5,000 yearly to the West Indies or the American colonies, and these not belonging to the miserably poor, but to the belter sort." ' Hazard, i, 72 ; " Notes on Virginia." 122 CONSTITUTIONAL LIBERTY. the crown was not niggardly as to the conditions of the grant, and to the credit of the Proprietaries, it must be said, that they never failed to make the best terms possible for the future col- onists. None made better use of the favorable disposition of the crown, nor turned it to greater advantage for his people, than Lord Baltimore, His quick eye at once detected the opportunity of serving the interests of his followers, and of conferring a great boon upon mankind ; and his generous spirit and shrewd judg- ment rushed to embrace it ; for there is no doubt that he himself penned the charter which it was the honor of England to give, and the blessing of America to enjoy. In this charter the prince reserved absolutely nothing but the evidence of feudal tenure ; he gave away every thing else a free people d.eems worth having. The tenure of fealty, of itself, re- served the final authority to the crown ; but this charter, the first of the kind ever known to be given, granted to the colonists inde- pendent legislation, a representative government of their own cre- ation, exemption from taxation by any but themselves, a limitation that the authority of the proprietary should not extend to the life, freehold, or estate of the citizen, and, above all, not only equality in religious rights was guaranteed, but preference to any sect was forbidden, and protection was assured alike to all who believed in Christ. There was, in fact, no limitation whatever on the freedom of conscience, save that Christianity was made the law of the land ; a limitation, which, by no means implying the right to persecute for opinion's sake, became in effect innocuous.' Such were the provisions of a charter which caused a great ad- vance in civilization, and which relieves the dark record of the House of Stuart by the honor of being the first to have inscribed upon it, toleration in religion. This is not the only instance where a tyrant in one hemisphere has been a liberator in the other: a despot heedlessly tosses to a favorite what he holds back from ^ " I will not," was part of the oath administered to the Governor of Mary- land, " by myself, or any other, directly or indirectly, molest any person pro- fessing to believe in Jesus Christ, for or in respect of religion." *' And whereas the enforcing of the conscience in matters of religion hath fre- quently fallen out to be of dangerous consequences in those commonwealths where it has been practised, and for the more quiet and peaceable government of this province, and the better to preserve mutual love and amity among the inhabitants, no person within this province, professing to believe in Jesus Christ, shall be anyways troubled, molested, or discountenanced for his or her religion, or in the free exercise thereof." — Charter. THE MARYLAND CHARTER, 1 23 his people, and generation after generation rises up and calls him blessed. Before the charter had passed the great seal, Lord Baltimore died ; but his mantle fell upon worthy shoulders. The patent issued to his son, who earnestly took up the work left undone by his father. Unable to go in person to overlook the foundation of the colony, he sent his brother, who, with a following of over a hundred gentlemen and their servants, successfully accomplished the task ; and thus, while democracy and rationalism, in the per- son of Roger Williams, were preaching freedom of conscience in the North, aristocracy and faith, embodied in a handful of Roman Catholics, were laying deep its foundations in the South. The career of this principle in Maryland and Rhode Island, though not exempt from the fluctuation incident to the action of every great social force, proved so fortunate, as not only to vindicate the faith of the Americans in its truth, but to justify the assertion, that, without it, the dozens of prosperous States which have made it a corner-stone, would not be what they now are, nor American character be what it now is. CHAPTER V. V. — Southern Life and Manners : Manners of the Frontier, Manners in the Southern Provinces. FROM his treatment of the subject, Manners in the Southern Provitices^ it is evident that Mr. Burke meant to give full effect to the haughtiness that distinguishes an aristocratic consti- tution of society, and especially one where there are but two classes, the owners and the owned. He confines his remarks, however, to the influence of the spirit of liberty which emanates from slavery itself. While he is careful not to express commenda- tion, he asserts very positively the fact, that such a social condi- tion renders fierce and stubborn the spirit of liberty that possesses the owners. But the subject is regarded in this work not so much respecting the effect which the personal relations of slave-owner and slave have upon the owner, as the effect which an aristocratic and dispersed condition of society exerts upon the upper class, and this, too, where the element of slavery is superadded. Although the manners of New England are not dwelt upon in his remarks, it is evident that the contrast between them and the manners of the South, and the further contrast afforded by the so- cial constitutions of these distinct localities, are present to his mind. These contrasts are set forth in the ensuing chapter, and are still further to be disclosed in that relating to Education^ and particularly in what is therein said concerning the Township. Thus the manners of the North and the South are more or less described. But, as the Middle Provinces, at the time of the Revolution, com- prised the most dense population, and the locality where wealth was most widely distributed, it is thought that their conservatism, 124 TOPOGRAPHY OF VIRGINIA. 12$ which tempered the fierceness of colonial liberty without weaken- ing it, should not go unheeded ; and as Pennsylvania, from the force of locality and circumstance, exerted the predominating in- fluence in this respect, her social constitution and the manners of her people, have been taken as illustrations of the force which affected greatly the spirit of liberty on her right hand and on her left. As a direct force in rendering the spirit of liberty fierce, the Manners of the Frontier are also considered. I. The manners of the Southern Provinces differed from those of the Northern, as much as did the soil, climate, social life, and political principles and organization. The manners of Virginia and Maryland exerted the greatest influence on manners and upon the development of personal, social, and political freedom in the South, and may be considered as the patterns after which those of the other Southern colonies followed. It will be enough, then, to observe these. And, first, if the topography of Maryland and Virginia be re- marked, as well as the equable and temperate climate which these colonies enjoyed, it will not fail to strike the observer, that soil, climate, and distribution of land and water, are admirably adapted to the unrestrained action of an athletic, hardy, and active people, and, consequently, to the development of the social and political forms natural to them.^ Their winters are long and severe enough to confine the inhabitants within doors, and thus subject them to those influences, which, springing from the hearth, tend to the ex- pansion of the domestic virtues that lie at the very foundation of free States and animate the character of free citizens ; while their summers and autumns are sufficiently warm and prolonged to tempt out of doors, for the rest of the year, a race which has always loved the open air. The land divided, in its eastern por- tion, by a great bay, is penetrated by the arms of this inland sea in every direction, and pours into it the fresh waters, which, taking their rise in the great Apalachian chain, and descending in falls and rapids over the rim which marks the boundary between the Piedmont or uplands and the alluvial plain or sea-board, at last debouche in the form of great rivers or streams, up which the * *• The Present State of Virginia," etc., i, 2. 126 CONSTITUTIONAL LIBERTY. tide forces its way for many miles. These waters and the terri- tory they drain, not only tempt the venturesome to bold explora- tion, but by their exhaustless treasures of food and of game, supply the whole population with healthy and delicate sustenance, and afford an illimitable field for the exercise of manly sports. The bays are ribbed with beds of delicious oysters; the tide waters teem, in their seasons, with countless schools of shad and rockfish ' ; the running brooks are stocked with trout ; and stream and river, in the late autumns and the winters, are covered with vast flocks of teal, of red-head, and black ducks, and the peerless canvas-back. On shore, the pheasant, the quail, the woodcock, the wild pigeon, and, chief among them, the wild turkey, abounded in profusion, while the forests of the uplands and the mountain ranges were roamed over by deer, and by the coarser animals, whose chase demanded every exertion that tests the endurance or the cunning of man. In the fields the crops were bounteous and reasonably certain, and when, with these natural advantages for comfort, and the liberation of the mind from care, the hospitable disposition of the race from which the inhabitants sprung is con- sidered, their love of field sports and adventure, and the facilities given to the development of these qualities by that peculiarity of social organization which divides the soil into large estates pro- ducing great incomes, it will easily be conceived, that the manners of the people were characterized by a love of manly, open-air adventure and daring, and by a free-handed hospitality which took its character of heartiness from the elevated class that peopled the land, and from the abundance which supplied its bounty. The distribution of population throughout this pleasant land was on a plan directly in contrast with that of New England, and had no parallel in America, save that which appeared on the banks of the Hudson, under the rule of the Dutch Patroons. The first immigration of Virginia, like that of New England, was composed of the ruder classes, but the after-immigration of both was of a very different sort ; and that of Maryland was, ^" These waters are stored with incredible quantities of fish, such as sheeps- heads, rockfish, drums, white perch, herrings, oysters, craV:)s, and several other sorts. Sturgeon and sliad are in prodigious numbers ; of the latter 5,000 have been caught at one single haul of the seine." — Burnaby's " Travels," 1759-60, 15, 16 ; the Abbe Raynal, " Hist. Brit. Settlements in America," i, 195. DISTRIBUTION OF POPULATION. 12/ from the beginning, thoroughly aristocratic. As that of New England embraced the best of the middle classes, being men of substance and learning, so that of Virginia was in a great measure drawn from the aristocracy or squirearchy. Some of the best names of England were there represented, and were augmented during the civil wars by royalists like themselves, and on the Res- toration by Dissenters, generally Presbyterians, of the most re- spectable though not uniformly of the highest classes. These latter located themselves chiefly in the Western settlements, or in the interior valleys of Maryland, Virginia, and the Carolinas, while the aristocratic class remained where it was first established, on the sea-board. After the influence of class which controlled the tide-water planters, it is to this distribution of population that is chiefly due the peculiar manners of Maryland and Virginia. In New England the tendency of population was toward cities and towns. Peopled by the middle classes, those classes, true to the instincts of tribal development, acted out in America the plan of life to which those instincts had of old subordinated them in England. They congregated ; and the individuality of the citizen became secondary to that of the community of which he was a member. He was but a subordinate part of the state while, in the South he was a pillar, without which the structure would tumble into ruins. There, the citizen was made for the state ; but here, the state was made for the citizen. Around the Massa- chusetts Bay, society was concentrated, and the country depended on the town ; around the Chesapeake Bay, on the other hand, it was dispersed, and the town depended on the country. In New England we hear of villages and towns before we hear of farms ; in Maryland and Virginia we hear of plantations before we hear of boroughs, and, in fact, throughout the South, we are familiar with the names of plantations long before the handful of dwellings at the cross-roads, or even the county capitals, are so distinguished. In Massachusetts the court-house followed the litigants, and was placed in the middle of the most populous. or accessible town ; in Virginia it was placed in the fields, and the town gradually clus- tered around it. In a word, society was concentrated in the North, but in the South it was dispersed.' *"Our country being much intersected with navigable waters, and trade brought generally to our doors, instead of our being obliged to go in quest of it, 128 CONSTITUTIONAL LIBERTY. This difference in distribution of population was caused by difference in soil, class, and character, and it directed the industry of the people toward opposite ends. In Maryland and Virginia, the social structure was built upon agriculture — that universal support of aristocracy, — and to this pursuit every thing else gave way ; but in New England, the activity of the people was directed to commerce, and to trade, shipping, and the fisheries, all other occupations were subordinated. In this part of the colonies, society was composed entirely of what in England was the middle class : in that portion, no middle class worth mentioning appeared ; society there was made up of owners and owned, masters and slaves, and so insignificant was any class between them, that, in the early days, there were even no middle-men to receive and distribute the crop, but the planter shipped his produce to England from his own wharf, and dealt directly with his factor in London or Bristol. In New England, society was democratic and pro- gressive, and legislation acted upon the people in its entirety ; but in the South, society was aristocratic and conservative, and the laws, which recognized the division of society into two classes, asserted the superiority of one of those classes over the other. Thus was inculcated and maintained in the breast of the South- erner, from his earliest days, that sense of personal superiority which possesses those only whom the laws distinguish as a class for whose benefit the rest of society is born to toil. This very sense of superiority, so irritable upon the slightest injury, or even neglect, will not brook for an instant the infringement of a privi- lege, but will expend its whole strength to preserve a right or redress a wrong, and hence it is, of itself, a powerful incentive to render the spirit of liberty a fierce one. As in New England the individuals congregated, in Virginia and Maryland they dispersed, and isolation was as striking a characteristic of society in the South as association was in the North. The peculiar topography of the country favored the ten- dency to isolation quite as much as the magnitude of the estates did by placing the mansions far apart. The rivers were navigable, has probably been one of the causes why we have no towns of any consequence. Williamsburgh, which, till the year 1780, was the seat of our government, never contained above i,8co inhabitants; and Norfolk, the most populous town we ever had, contained but 6,000." — "Notes on Virginia," Query xii ; " Present State of Virginia,'* etc., 2. Edenton, the capital of North Carolina, in 1729, had but forty houses." Burnaby's " Travels," 6. SOCIAL EFFECTS OF ISOLATION'. 1 29 and, in selecting the site of a plantation, it was as much the object of the planter to obtain a place on such waters, as it is that of the Western settler to-day to be within reach of a railway. The wharf was even a greater necessity than the barn. Transportation by water was easy and cheap, and being the best there was, and by far the best in point of comfort, the streams naturally became the real highways of the lowlands. As travel and transportation, then, sought the avenues which were ready at hand and cost nothing, there was not the same necessity for a road system as existed in the North, and the 'cross-country roads were neglected both in construction and repair. Travel was thus confined chiefly to the rivers which permitted access to the interior, and to the Bay which allowed passage north and south, and intercourse was re- stricted mainly to the shore which bounded them. The space devoted to locomotion being in this way contracted, the distribu- tion of land and water exerted for several generations (until, at least, the habits of the people had become formed) a strong influ- ence on the distribution of population, and favored the isolation to which the planter found it necessary to conform. This isolation, relieved only by the daily duties of the estate, the observances of social intercourse, the sports in the open field, the recurring election of delegates, or the annual visit to the colonial capital, had a powerful influence on the modes of thought and on social life. It certainly tended to make the planter a reflective being to an extraordinary degree, and, though it narrowed the horizon of his experience, it preserved the simplicity of domestic habits, and, turning the mind back upon itself for aliment, con- tributed its force toward impressing that synthetical cast of thought and expression on the people, which their descendants in that part of America retain in greater or less degree to the present day. It preserved, too, the simplicity of a language, which was brought over in the days of its greatest purity ; when the predom- inance of its Gothic element made it at once forcible and pictur- esque, and when the admixture of the Latin element had reached the p