offices, but the acts of the Assembly alone gave them value; and if it chose to reduce or withhold the fees, the incumbent might truly say, "You take my office, when you do take the fees whereby I live." Seeing this, we understand at once the constant and vigorous opposition of the Assembly to every attempt of the governor to establish these fees by proclamation. Their vehemence was fully justified, by the consideration of the dangerous consequences which might have flowed from the admission of this power, under any circumstances. If once sanctioned by the people even as an interim power, it would have been fatal to this policy. The governor would have assented to no future act, but would have continued to regulate the fees by proclamation; and thus the officers would have been rendered entirely independent of the people. The sagacity of the people perceived this, and hence their unyielding opposition.

The powers of erecting towns and cities, and conferring titles 2dly. The pow. and dignities, fall properly under this head. Under ers of erecting the fourteenth article of the charter, the proprietary

towns and cities,

dignities and

and conferring had the general power of erecting and incorporatles of honor. ting towns into boroughs, and boroughs into cities, with such privileges and immunities as he might deem expedient. His power to confer dignities and titles of honor, which was given by the same article, was subject to the restriction that they should not be such as were then used in England; and this restriction rendered the power a mere nullity. Titles of honor, to carry with them any peculiar respect or consequence, without regard to the merits of the possessor, must be consecrated by their long association with ideas of wealth and privilege. New titles, given for the mere purpose of conferring honor, are generally as ridiculous as were those incorporated by Mr. Locke into the constitution of Carolina. The first proprietary, in some of his early instructions, appears to have cherished the design of conferring dignities as enduring personal distinctions; but fortunately for the colony, the design never was carried into effect. The existence of a titled gentry throughout the colonies, would have proved a serious obstacle to the accomplishment of their liberties. The great body of the aristocracy, which they formed, would always have been found on the side of prerogative, warring against the principles of republicanism. Distinction by title, .

however it may in some rare instances be controlled by the virtue of its possessor, is the natural enemy of principles which know and respect no distinctions amongst freemen, except those of intrinsic merit.

adly. The power

Another important branch of the powers falling under this head, was the pardoning power. This power, as to pardon offences. given by the seventh section of the charter, was commensurate with the proprietary government itself. Under that section, the proprietary was empowered to "remit and pardon all crimes and offences whatsoever against the laws of the province, whether before or after judgment passed;" but his power to pardon appears to have extended beyond this special grant. The offences which were committed within the counties palatine of England, were defined, and their punishment prescribed by the laws of England, although they were charged and proceeded against, as offences against the lord's palatine; and because of their general jurisdiction over all offences committed within their limits, the lord's palatine had also the power to pardon them, not excepting even treason. It would seem, therefore, that the proprietary had the power of pardoning all offences committed within the province, even if they arose under English statutes operating here, as well as if under the positive laws of the province, to which the seventh section, by its context, refers.

of the proprieta

ter.

The military powers of this government, as defined by the charter, appear, as well as those of the palatinate government, to have been given solely for the purposes of defence. The proMilitary powers prietary was clothed with all the powers of a captain ry under the char- general, in summoning and arraying for the defence of the province all its inhabitants, and in waging war against, and pursuing even beyond the limits of the province and taking captive all enemies invading or infesting it by land or sea. The captives taken, he was empowered either to put to death or otherwise to dispose of at his pleasure. He might also declare and exercise martial law, in all cases of rebellion, sudden tumult, or sedition in the province; and against all persons within the province, guilty of sedition, refusing to submit to his government, or to render military duty, deserting to the enemy, or otherwise offending against the rules and discipline of war.

The restrictions of the statutes of fugitives were also dispensed with, and the inhabitants of the province were authorised, under the assent and direction of the proprietary, to build and fortify castles, forts, and other places of strength within the province, either for their own or the public defence. Such was the charterextent of the military powers incident to this government; and the palatinate powers appear not to have extended further. It 'was not consistent with their subordination to the kingdom of England, to extend these powers beyond the means and operations of defensive war. The unlimited rights of war and peace are the highest attributes of sovereignty; and the full exercise of them is compatible only with the supreme power. They made a part of the eminent dominion of the mother country, with which their full exercise by the colonies would manifestly have conflicted. The foreign relations of the parent country would thus have been placed at the mercy of the colonies. By declaring war against those with whom she was at peace, they would either have drawn her into the contest, or have entailed upon her the responsibility of their offensive measures; and by putting themselves in an attitude of peace as to those with whom she was at war, they would have withdrawn themselves from their allegiance. Their powers were therefore very properly limited to the protection of the province, and were given merely to meet a state of actual hostility to it, arising either from rebellion, invasion, or warlike array against it. Of this nature were the various acts from time to time passed for carrying on warlike expeditions against the Indians, which were always predicated upon some actual or expected hostilities on the part of the latter. These military powers, although conferred solely upon the proprietary, did not carry with them the right of raising the revenue necessary for their exercise. The Assembly alone posed upon these held the purse strings of the provincial revenue. by the legislation No subsidies, aids, customs, taxes or impositions of any kind, could be levied for any purpose whatsoever, upon the persons or property of the freemen of the province, without the consent and approbation of the General Assembly. (3) By their acts alone, could a revenue be raised from the province

Restrictions im

military powers

of the province.

(3) Act of 1650, chap. 25, confirmed amongst the perpetual laws by the Act of 1676, chap. 2d.

to defray the expenses of military expeditions. And besides this general dependance upon the province for the means of their exercise, these powers were subject to the restrictions imposed by the permanent act of 1650, chap. 26. (4) Under these, if war was waged by the proprietary or his governor, without the limits of the province, and without the approbation of the General Assembly, the freemen of the province could not be required to aid in the prosecution of it, either in their persons or by their property: and martial law could not be exercised within the province, "except in time of camp or garrison, and only within such camp or garrison," i. e. in time of actual service, and upon those in actual service. The general charter power of the proprietary to call out and array the inhabitants of the province for its defence, was also, from a very early period, modified and regulated by Acts of Assembly, prescribing the manner of organizing, arming, and disciplining the militia. (5) The systems of internal defence, which were established by these acts, will hereafter be considered in conjunction with that which now prevails in the State. We are now only considering the purposes and manner of their establishment: and from the view which has been taken, it will be seen that the Assembly soon obtained over this, as well as over the other sole powers of the proprietary, a wholesome control which facilitated their proper exercise, and prevented their abuse.

General course

The neutral policy of the English government, in of the English reference to the establishment of her early colonies

government

of the American

colonies.

to the commerce on this continent, is nowhere more conspicuous than in her conduct as to their commerce. The leading traits of that policy have already been described. It left to unassisted and individual enterprise, all the expense, hazard, and difficulty of establishing these colonies. It permitted them to grow up through all the perils and difficulties of their first settle

(4) This act of 1650, chap. 26, was also confirmed amongst the perpetual laws, by the act of 1676, chap. 3d.

(5) The successive acts on this subject were the acts of 1661, chap. 8. 1676, chap. 8. 1678, chap. 2. 1681, chap. 1. 1692, chap. 83. 1699, chap. 47. 1704, chap. 87-and lastly, the act of 1715, chap. 43, which, with its supplements of 1722, chap. 15. 1733, chap. 7, and 1748, chap. 1, constituted the militia law of the province until the revolution.

ment, under its indifference and neglect. It extended its provident care to them, when they had wealth to be taxed, commerce to be monopolised, and power to be directed. Hence, the early charters, granted when colonization was an experiment, and the benefits of colonial commerce in embryo and scarcely a matter of calculation, are very lavish in their grants of commercial power and privilege. Several of these charters were sought and obtained solely for commercial purposes: and under all of them, the security and benefits of commerce were necessary to stimulate enterprise and invite emigration. It was necessary to establish and nurture their commerce in its infancy, by liberal grants of privilege for unless so nurtured, there would be nothing upon which the exactions of the mother country could operate. There is, indeed, in this respect, a striking contrast between the beneficial provisions of the early charters, and the narrow, selfish and enslaving policy, subsequently adopted by the government of England, with reference to the commerce of these colonies. Her adulating writers, whose object was, or is, to depress our national character, by exalting her conduct towards these States when colonies, may remind us of the parental liberality of these early grants: but when we stand in view of this contrast, we remember the kindness that fattens for the slaughter.

The early policy The charter of Maryland was exalted above every of that govern other by its commercial privileges and exemptions. in the commer. All commodities were permitted to be imported into

ment illustrated

cial privileges

granted by the

land.

charter of Mary- the province, except such as were specially prohibited, upon payment of the ordinary customs. (6) The colonists were permitted to export from it all articles whatsoever, of its growth or produce, to any of the ports of England or Ireland, subject only to the customs and impositions paid in similar cases by the inhabitants of England: and if they did not deem it proper there to dispose of them, they might store them, and within one year computed from the time of unlading, they were permitted to relade and export them to any part of the English dominions, or of the dominions of any foreign power in amity with England, subject, as upon their import, only to the customs paid in similar cases by the people of England. (7) Full and absolute

(6) Charter of Maryland, art. 11.

(7) Charter, article 15.