... continued ... (from THE FAITH OF OUR FATHERS first published in 1878 AD)
On the 2nd of April, 1649, the General Assembly of Maryland passed the following Act, which will reflect unfading glory on that State as long as liberty is cherished in the hearts of men.
"Whereas, the enforcing of conscience in matters of religion hath frequently fallen out to be of dangerous consequences in those commonwealths where it has been practiced, and for the more quiet and peaceable government of this province, and the better to preserve mutual love and unity amongst the inhabitants, no person whatsoever within this province professing to believe in Jesus Christ shall from henceforth be anyways troubled or molested for his or her religion, nor in the free exercise thereof, nor anyway compelled to the belief or exercise of any other religion against his or her consent."[Bancroft's "History of the United States," Vol. I, ch. vii. Vide Bacon's Laws.]
Upon this noble statute Bancroft makes the following candid and judicious comment: "The design of the law of Maryland was to protect freedom of conscience; and some years after it had been confirmed the apologist of Lord Baltimore could assert that his government had never given disturbance to any person in Maryland for matter of religion; that the colonists enjoyed freedom of conscience, not less than freedom of person and estate, as amply as ever any people in any place of the world. The disfranchised friends of Prelacy from Massachusetts and the Puritans from Virginia were welcomed to equal liberty of conscience and political rights in the Roman Catholic province of Maryland."[Ibid.]
Five years later, when the Puritans gained the ascendency in Maryland, they were guilty of the infamous ingratitude of disfranchising the very Catholic settlers by whom they had been so hospitably entertained. They "had neither the gratitude to respect the rights of the government by which they had been received and fostered, nor magnanimity to continue the toleration to which alone they were indebted for their residence in the colony. An act concerning religion forbade liberty of conscience to be extended to 'Popery,' 'Prelacy,' or 'licentiousness of opinion.'"[Bancroft's "History of the United States," Vol. I, ch. vii. Vide Bacon's Laws.]
I shall also quote from "Maryland, the History of a Palatinate," by William Hand Browne.[Boston, Houghton, Mifflin & Co., 1884.] Mr. Browne was a graduate of the University of Maryland. For several years he was editor of the Maryland Archives, and of the Maryland Historical Society. He became afterward Professor of English Literature in the John Hopkins University. He devoted his long life to the Colonial history of Maryland, and is justly recognized as a standard authority on that subject. I may add that he cannot be suspected of undue partiality, as he was not a member of the Catholic Church.
Speaking of Calvert, the Proprietary of the Maryland Colony, the author remarks that "while as yet there was no spot in Christendom where religious belief was free, and when even the Commons of England had openly declared against toleration, Calvert founded a community wherein no man was to be molested for his faith. At a time when absolutism had struck down representative government in England and it was doubtful if a Parliament of freemen would ever meet again, he founded a community in which no laws were to be made without the consent of the freemen.
The Ark and the Dove were names of happy omen. The one saved from the general wreck the germs of political liberty; and the other bore the olive branch of religious peace."[Ibid., Chapter iii.]
When the rule of the Catholic Proprietary was overthrown and the Puritans had gained the ascendency in the Province, "the new Commissioners issued writs of election to a general assembly--writs of a tenor hitherto unknown in Maryland. No man of the Roman Catholic faith could be elected as a burgess, or even to cast a vote. The Assembly obtained by this process of selection, justified its choice. It at once repealed the Toleration Act of 1649 and created a new one, more to its mind, which also bore the title: "An Act concerning Religion," but it was toleration with a difference. It provided that none who professed the Popish religion should be protected in the Province, but were to be restrained from the exercise thereof.
For Protestants it provided that no one professing faith in Christ was to be restrained from the exercise of his religion, "provided that this liberty be not extended to Popery, or Prelacy, nor to such as under the profession of Christ, hold forth and practice licentiousness. That is, with the exception of the Roman Catholics and churchmen, together with the Brownists, Quakers, Anabaptists, and other miscellaneous Protestant sects, all others might profess their faith without molestation."[Ibid., Chap. v.]
After the overthrow of the Puritan authority, and the advent to power of the members of the Church of England, the second act of the Assembly was to make the Protestant Episcopal Church the established church of the Province.
The Act imposed an annual tax of forty pounds of tobacco per poll on all taxables for the purpose of building churches, and maintaining the clergy. In 1702 it was re-enacted with a toleration clause: "Protestant Dissenters and Quakers were exempted from the penalties and disabilities, and might have separate meeting-houses, provided that they paid their forty pounds per poll to support the Established Church. As for the 'Papists,' it is needless to say that there was no exemption nor license for them."[Ibid., Chap. xi.]
The author then sets before us the three kinds of toleration, like three portraits, so that their distinctive features appear in bold relief.
"We may now," he says, "place side by side the three tolerations of Maryland."
The toleration of the (Catholic) Proprietaries lasted fifty years, and under it all believers in Christ were equal before the law, and all support to churches or ministers was voluntary.
The Puritan toleration lasted six years, and included all but Papists, Prelatists and those who held objectional doctrines.
The Anglican toleration lasted eighty years, and had glebes and churches for the Establishment, connivance for Dissenters, the penal laws for Catholics, and for all, the forty per poll.
In fact, an additional turn was given to the screw in this year; the oath of "abhorrency," a more offensive form of the oath of supremacy, being required, beside the oath of allegiance, and for one thing, no Catholic attorney was allowed to practise in the Province."[Ibid. Chap. xi.]
When the members of the Constitutional Convention declared in 1787, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," it is worthy of note that they were echoing the sentiments, and even repeating the language of the Maryland Assembly of 1649, which declared that "No person whatsoever within this Province, professing to believe in Jesus Christ, shall from henceforth be any ways molested for his or her religion, nor in the free exercise thereof."
We may therefore affirm that Lord Baltimore's Toleration Act of 1649 was the bright dawn that ushered in the noon-day sun of freedom in 1787. And we have every reason to believe that the Proprietary's charter of liberty with its attendant blessings, served as an example, an incentive, and an inspiration to some at least of the framers of the Constitution, to extend over the new Republic, the precious boon of civil and religious liberty.
It is proper to also observe that the Act of 1649 was not a new declaration of religious freedom on the part of Lord Baltimore's administration, but was a solemn affirmation of the toleration granted by the Catholic Proprietary from the beginning of the Settlement in 1634.
I will close this subject in the words of a distinguished member of the Maryland Historical Society: "Higher than all titles and badges of honor, and more exalted than royal nobility is the imperishable distinction which the passage of this broad and liberal Act won for Maryland, and for the members of that never-to-be-forgotten session, and sacred forever be the hallowed spot which gave it birth."[James Walter Thomas.]
What shall I say of the prominent part that was taken by distinguished representatives of the Catholic Church in the cause of our American Independence? What shall I say of Charles Carroll of Carrollton, who, at the risk of sacrificing his rich estates, signed the Declaration of Independence; of Rev. John Carroll, afterward the first Archbishop of Baltimore, who, with his cousin Charles Carroll and Benjamin Franklin, was sent by Congress to Canada to secure the co-operation of the people of that province in the struggle for liberty; of Kosciusko, Lafayette, Pulaski, Barry and a host of other Catholic heroes who labored so effectually in the same glorious cause? American patriots without number the Church has nursed in her bosom; a traitor, never.
The Father of his Country was not unmindful of these services. Shortly after his election to the Presidency, replying[The original of Washington's reply is still preserved in the Archives of the Baltimore Council.] to an address of his Catholic fellow-citizens, he uses the following language: "I presume that your fellow-citizens will not forget the patriotic part which you took in the accomplishment of their revolution, and the establishment of their government; or the important assistance they received from a nation in which the Roman Catholic faith is professed."
... to be continued ...