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www.linuxuser.co.uk
LINUX USER & DEVELOPER ISSUE 159

THE ESSENTIAL MAGAZINE

FOR THE GNU GENERATION

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59 >

001_LUD159 Week4.indd 1 03/11/2015 15:41

Full Page.indd 1 02/11/2015 14:00
 Welcome
to issue 159 of Linux User & Developer
Get
Linux User
cheaper
every issue
This issue
Your team of Linux experts…

Jon Masters is a Linux kernel hacker who has

been working on Linux for some
19 years, since he first attended Page 26
university at the age of 13. Jon lives
in Cambridge, Massachusetts, » Start doing DevOps today
and works for a large enterprise
Linux vendor. You can find his » Make games in Pygame Zero
brilliant Kernel Column on pages
16-17 this month. » Find the best backup solution
Richard Smedley has been helping businesses » Win a FUZE workstation plus robot arm
and community organisations of all
sizes to move to GNU/Linux since Welcome to the latest issue of Linux User &
the 1990s and doesn’t expect those
he works with to share his love of
Developer, the UK and America’s favourite Linux
Emacs. Well, maybe a little. This and open source magazine.
issue, Richard shows us how to code
games with Pygame Zero (p.62) and
Embracing DevOps practices to speed up your
shares more great FOSS (p.88). software delivery is far easier than you think. It’s
a buzzy term and the definitions can be hazy, but
Nitish Tiwari is a software developer by
profession and an open source the benefits of this modern, agile way of working –
enthusiast by heart, and he helps improving cohesion between the development and operations
firms set up and use open source
software. Nitish takes on DevOps teams – can’t be ignored. This month, we explain just what
this month, walking us through DevOps means to you and give you a running start with
Docker, Puppet and Vagrant (p.18),
and also explaining how to run three core tools: Docker, Puppet and Vagrant. Plus, we show
container clusters on CoreOS (p.38). you around the Docker-based distro CoreOS, which makes
Mihalis Tsoukalos is a UNIX system managing a fleet of containers simple, and we speak to
administrator with expertise in Vagrant creator Mitchell Hashimoto to find out more about
programming, databases and
maths. He has been using Linux
HashiCorp’s newest automation software, which is set to
since 1993. This month, Mihalis replace Vagrant once it matures: Otto.
continues his two tutorial series:
systems programming (p.28) and
The systems programming and computer science series
computer science (p.50). His Coding both continue this month, and there are more great tutorials
Column can be found on page 11.
including a detailed GCC guide and some key tips for getting
Alexander Tolstoy has used Linux for years. the perfect Plasma 5 desktop.
Though brevity is the soul of wit, Over in the Pi section, it’s all about the games this month. As
Alexander loves writing on desktop
Linux in details. He has been doing well as the new Pygame Zero library, we’re also playing with
it since he installed his first distro FUZE BASIC again – plus, you can enter our competition to
from a floppy disk. Alexander shows
us how to get the perfect Plasma 5 win a FUZE workstation of your own (page 78). Enjoy the issue!
desktop this month (p.42) and tests Gavin Thomas, Editor
the best backup solutions (p.81).

Gareth Halfacree is our resident news

reporter and brings us the latest
developments from all over the
Get in touch with the team:
open source world, starting over on
page 6. This issue, Gareth reviews [email protected]
CompuLab’s Fitlet iA10, a new
model in its family of miniature, Facebook: Twitter: Buy online
fanless PCs that can be customised
and ship out with Linux Mint (p.86).
Linux User & Developer @linuxusermag

Visit us online for more news, opinion, tutorials and reviews:

www.linuxuser.co.uk
www.linuxuser.co.uk 3

003_LUD159.indd 3 04/11/2015 15:31

 Contents Reviews
e 81 Best backup solutions
Subscrib! Find out what you should be using to
& saouvt oeur protect your files and media
26 Check
e offer!
new festiv ers
US custom be
ri
can subsc
0
via page 9
luckyBackup Back In Time

Déjà Dup KBackup

18 DevOps: Create software faster

Deploy and orchestrate containers like a pro

OpenSource Tutorials
06 News 28 Systems programming:
The biggest stories from Files and directories
the open source world Master the stat functions and structure

08 Free software column 34 Compile software with the GCC 86 Compulab Fitlet iA10
Expert insights into open Learn to use the error and warning flags Is this Compulab’s best fanless mini PC?
source and free software Find out what Gareth Halfacree thinks
38 Run containers on CoreOS
11 Coding column Use Docker instead of a package manager 88 Free software
Learn problem solving and and run complex clusters with ease Richard Smedley recommends some
systems programming in C
excellent FOSS packages for you to try
42 Make a perfect Plasma 5 desktop
12 Interview Tips and tricks for the best customisations
Mitchell Hashimoto tells us
why Otto will replace Vagrant
46 Create GUIs with MonoDevelop
Continue our C# programming series with
16 Kernel column a look at handling Gtk interfaces
The latest on the Linux
kernel with Jon Masters 50 Computer science:
94 Q&A Find strings with hash tables
Store and retrieve key-value pairs
Your hardware and software
questions answered
FileSilo.co.uk
Features
18 Create software faster
Nitish Tiwari takes us through 59 Practical Raspberry Pi
Docker, Puppet and Vagrant Code a Breakout game in Pygame Zero,
harness multimedia with vanilla Pygame,
62 Make games with 96 Free downloads hack a robot with the Pi-Mote IR board and
Pygame Zero Discover what we’ve uploaded to our digital recreate Tempest in FUZE BASIC.
No boilerplate required content hub FileSilo for you this month

Join us online for more Linux news, opinion and reviews www.linuxuser.co.uk
4

004_LUD159.indd 4 04/11/2015 15:33

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Full Page.indd 1 03/11/2015 10:46

 06 News & Opinion | 12 Interview | 94 Your questions answered

CONFERENCE

Developers to meet face-to-

face at new UbuCon Summit

Credit: Simon Law, Creative Commons Attribution-ShareAlike 2.0

Above From 2016, Ubuntu devs will be
able to meet in person once again

New conference fills hole left by cessation of physical summits

Canonical has announced that it is to hold a new side-by-side. Two tracks will be
physical event, the UbuCon Summit, in January available to the attendees: Users, The UbuCon Summit builds
2016 following complaints of a lack of face-to-
face gatherings; a result of the shift of Ubuntu
which will concentrate on the day-
to-day uses of Ubuntu and how
on the success of volunteer-
Developer Summits from physical meet-ups to to act as an advocate for uptake organised local UbuCon events
virtual conferences. of the popular Linux distribution;
The UbuCon Summit, the company has and Developers, which will offer and scales it up
explained, builds on the successes of volunteer- technical sessions including app
organised local UbuCon events and scales it development, Internet of Things (IoT) and cloud these events successful. All in all, the idea is to
up, using the existing team behind the UbuCon topics, in addition to the new convergence provide a space to showcase, learn about and
SCALE event in Pasadena, California as a base. functionality that Canonical is aiming to build discuss the latest Ubuntu technologies, but
“In discussions with the Community Council, within its Ubuntu mobile ecosystem. also to focus on new and vibrant parts of the
and after the participation of some Ubuntu team The UbuCon Summit will mark the first large- community and talk about the challenges (and
members at the Community Leadership Summit scale official gathering of Ubuntu developers opportunities!) we are facing as a project.”
a few months ago, one of the challenges that we and users since the Ubuntu Developer Summits The UbuCon Summit is to be held at the
identified our community is facing is the lack switched from twice-yearly physical events Pasadena Convention Centre on 21 and 22
of a global event to meet face-to-face after the to virtual events hosted on Google’s Hangouts January 2016 as part of the Southern California
UDS era,” explained Canonical’s David Planella. service in 2013. To mark the occasion, Canonical Linux Expo (SCALE). Organisers include Richard
“While UbuCons continue to thrive as regional founder Mark Shuttleworth has been confirmed Gaskin and Nathan Haines of the Ubuntu
conferences, one of the conclusions we reached as keynote speaker, with more details on the California LoCo group, who have been heavily
was that we needed a way to bring everyone schedule promised in the coming weeks. involved in previous SCALE-hosted UbuCon
together on a bigger setting to complement the “The Summit is the expansion of the traditional events, and Gareth Greenaway and Ilan
UbuCon fabric: the Summit.” UbuCon: more content and at a bigger scale,” Rabinovitch of SCALE itself.
The first UbuCon Summit will be a two- claimed Planella. “But at the same time More information on the event is available on
day event, structured as both an organised maintaining the grass-roots spirit and the the official UbuCon website at ubucon.org, or via
conference and an ad-hoc unconference running community-driven organisation that has made SCALE at socallinuxexpo.org.

006-011_LUD159.indd 6 04/11/2015 14:44

 AUTOMATION TOP FIVE

Red Hat acquires Unity 8 features

– tech preview
Ansible technology
Boosts hybrid cloud deployment and management
Red Hat has announced the acquisition management,” co-founder and chief executive
of Ansible, best known for its agentless Saïd Ziouani said of the acquisition of Ansible,
automation products, with a view to making the founded in 2013, by the company for which
company’s Red Hat Linux platform the go-to he spent ten years working. “This is a strong
Above Although Unity 8 failed to make it into
offering for hybrid cloud use. validation that Ansible’s simplicity, enterprise Ubuntu 15.10, there is a technology preview
While the financials behind the acquisition customer base and robust community is winning
have not been formally disclosed, industry
sources have suggested the deal values the
in enterprise IT automation, from computer to
networking to cloud to containers.”
1 Unity 8 technology
Canonical’s new desktop environment, Unity 8,
company at around $100 million, with Red Hat “Ansible is a clear leader in IT automation and
wasn’t quite ready in time for the release of Ubuntu
stating that it expects its operating expenses for DevOps, and helps Red Hat take a significant 15.10. However, all is not lost because it is being
the next financial year to increase by around $6 step forward in our goal of creating frictionless made available as a technology preview, with the
million as a result of its new subsidiary. IT,” added Joe Fitzgerald, vice president of Red promise that it’s possible to try it out and cleanly
“Our customers already use Red Hat solutions Hat, of the acquisition. “Red Hat is transforming revert back to the default Unity 7 if any problems
in conjunction with various IT automation tools. IT management, driving innovation that is 100% are encountered.
With this acquisition, we want to offer that type open source, built on an open management
of integration through the world-class Red Hat platform, and relentlessly focused on reducing 2 Snapcraft tool
support and certification that makes open source cost and complexity through ease of use and Designed for use with the embedded- and cloud-
consumable for the enterprise, exactly the same automation. I am thrilled to welcome Ansible to centric Ubuntu Core spin, Snapcraft has been
way we do for OpenStack and every other product Red Hat to help us expand that commitment.” designed to make the building of Snappy packages
as simple as possible for the user, whether they
in our portfolio,” claimed Red Hat’s Alessandro Since its founding as AnsibleWorks in
are doing so from scratch or by taking advantage of
Perilli, general manager of cloud management 2013, Ansible’s software has grown to 1,200 existing deb packages.
strategy, of the deal. contributors, been heralded as the most popular
“We’re thrilled that Red Hat, a global leader
in open source, has chosen Ansible to tackle
open source automation tool on GitHub, and has
seen a claimed 20% of the Fortune 100 working 3 Ubuntu Phone updates
the future of IT automation and systems with the company. Those running the Ubuntu Phone spin will be
pleased to discover that they no longer need to
manually update their operating system, with
updates now being delivered automatically
and directly to the handset, just like rival mobile
platforms – a big step for the OS.

4 OpenStack Autopilot
Ubuntu 15.10 sees the general availability of
OpenStack Autopilot, designed to make the
deployment and management of Ubuntu-based
OpenStack clouds as easy as possible. It also
boasts in-place upgrade support between major
releases in addition to input from the OpenStack
Interoperability Lab.

5 LXD bundled as standard

The machine container hypervisor LXD is now
included in Ubuntu Server by default, enabling any
and all Ubuntu Server installs to host hundreds of
other Linux guest containers without additional
software. And if that has left you wanting more,
there is a technology preview of a new RESTful API
that is also available.

www.linuxuser.co.uk 7

006-011_LUD159.indd 7 04/11/2015 14:44

 OpenSource Your source of Linux news & views

OPINION FREE SOFTWARE

Hacked off
“Access to computers – and anything which might teach you something
about the way the world works – should be unlimited and total”
When Edward Snowden joined Twitter, honest in other matters, seemed to equate this with
he gained over a million followers in one stealing.” The allegiances of the hackers transferred
day. He is notorious to some, a hero to from under the model railroad layout tables to the
others, and yet his greatest contribution has been to computer when a TX-0 computer arrived in building
reveal the extent to which hacking, in its pejorative 26 of the MIT complex and the members of TMRC
sense, is the preserve of government agencies. These discovered that the best time to gain access to the TX-0
agencies claim to be working for ‘our own good’, but was at night, “when no person in his right mind would
are instead busy setting malign standards for everyday have signed up for an hour-long session on the piece of
surveillance of our citizenry. paper posted every Friday beside the air conditioner in
The pejorative use of the word ‘hacker’ probably the RLE lab”.
originated in the tabloid coverage of the exploits From this point onwards, “the TMRC hackers, who
of Kevin Poulsen (who hacked his way into the US soon were referring to themselves as TX-0 hackers,
Department of Defense’s ARPANET, the precursor of changed their lifestyle to accommodate the computer,”
the Internet, when he was 17 and was later labelled and became the core members of the AI (Artificial
“the Hannibal Lecter of computer crime”) and Kevin Intelligence) Group at MIT, later funded by the Defense
Mitnick (who broke into the North American Defense Advanced Research Projects Agency (DARPA) of the
Command (NORAD) systems in 1982 when the Cold Richard Hillesley US Department of Defense. Former TMRC hackers
writes about art, music, digital
War was at its height, a feat that inspired the 1983 film developed the first LISP machine, the first computer
rights, Linux and free software for
War Games and provoked any number of nightmares a variety of publications workstation, the first computer games, the first
for the morally insecure). music software and the first display hacks. Hackers
However, the terminology of hacking grew out were the heroes of the computer revolution and the
of the community that evolved around the unlikely hacker tradition always included a healthy disrespect
and much more benign setting of the TMRC (Tech for authority and a reciprocal love of pranks. Every
Model Railroad Club), and its offshoot The Midnight idea and every limitation was another boundary to be
Requisitioning Committee, at MIT (The Massachusetts
Hackers were explored, a means to an adventurous end that might
Institute of Technology) in the late 1950s and early the heroes of upset the applecart or translate into a better idea;
1960s. The hackers of the TMRC defined a hack as especially if a higher moral reason could be found to
“a project undertaken or a product built not solely
the computer justify the ends, and that reason, as defined in The
to fulfil some constructive goal, but with some wild revolution and Hacker Ethic, was:
pleasure taken in mere involvement”. They also defined “Access to computers – and anything which might
a hacker as a person “who enjoys learning the details
the hacker teach you something about the way the world works
of programming systems and how to stretch their tradition always – should be unlimited and total. Always yield to the
capabilities, as opposed to most users who prefer hands-on imperative!”
to learn only the minimum necessary”, or one who included Free software can also trace its origins to the hacker
“programs enthusiastically or who enjoys programming a healthy subculture of the AI Lab at MIT. The greatest hack of
rather than just theorising about programming” (from all was probably the hack on copyright that gave us
the original jargon.txt at the AI Lab at MIT). disrespect for copyleft and the GPL. Hackers are and were the good
The Midnight Requisitioning Committee was so authority and a guys of computing. Someone who steals into our
named because, in the words of Steven Levy, “when computers to pry or take our identities is a ‘cracker’.
TMRC needed a set of diodes or some extra relays, love of pranks After the revelations during the last decade of the
to build some new feature” into the model railroad ‘hacking of phones’ by our popular press, it is probably
system, some of them would “wait until dark and find too late to rescue the original meaning entirely, but it
their way into the places where those things were kept. is probably worth remembering that a ‘hack’ is also a
None of the hackers, who were as a rule scrupulously journalist without any principles.

006-011_LUD159.indd 8 04/11/2015 14:44

 DATABASE OPEN SOURCE

PostgreSQL 9.5 boosted by Collabora signs

€1 million EU investment UK Gov cloud
agreement
2ndQuadrant demonstrates positive growth
The development of PostgreSQL, recently diverse group of researchers, all focused on solving
released as version 9.5 Beta, has benefited from the needs of extremely large data analysis. With
EU funding thanks to 2ndQuadrant’s dedicated PostgreSQL at the heart of the project, the goal
work and coordination of a major research was to produce positive outcomes that could
project called AXLE. 2ndQuadrant facilitates the benefit many – in this case, several new – advanced
development of PostgreSQL and is a world leader features, which will make their way into PostgreSQL
in PostgreSQL support services. in the next releases. Specific to PostgreSQL, the
The research initiative received €1 million in R&D outcomes include atomic locking, Block Range
funding from an EU FP7 grant and has served as indexes, DDL triggers and a TABLESAMPLE feature. Above Ministers will soon transition across to
a catalyst for the development of PostgreSQL. As AXLE has also breathed life into Postgres- open, cloud-based productivity suites
the three-year project comes to an end this month, XL 9.5, a scalable PostgreSQL-based database
the team at 2ndQuadrant will have contributed cluster that allows both business intelligence and Buyers for the UK Government have signed
more than 10 years of effort towards enhancing transactional workloads. Postgres-XL is the first a commercial agreement with Collabora
PostgreSQL through the AXLE project. open source project to offer these capabilities Productivity that will see open source
AXLE (Advanced Analytics for Extremely Large and is developed communally by 2ndQuadrant, productivity software used on desktops,
European Databases) has brought together a Huawei, NTT and a growing community. mobile devices and cloud servers, in a bid
to save money on proprietary equivalents.
Set up to offer LibreOffice products to
INTERNET OF THINGS enterprise users, Collabora is shortly to
launch a cloud-based, browser-accessible
Dell IoT Edge Gateway gets version of the package dubbed CloudSuite.
This, and a customised version of LibreOffice

Ubuntu Core support created specifically for governmental use –

GovOffice – will be available to all non-profit-
making governmental organisations.
First units due to ship in December 2015 “Moving to the cloud, adopting open IT
standards and saving the taxpayer money
Dell has announced a new Internet of Things of the Ubuntu Linux distribution. One of the key are three key Government objectives
(IoT) gateway product, the Dell Edge Gateway changes is its use of Snappy, a new management achieved by today’s agreement,” claimed
5000 Series, which brings support for Ubuntu system which uses atomic transactions to allow Michael Meeks, Collabora general manager.
Core and its Snappy management architecture. any changes to be rolled back on demand. “Collabora will work with The Crown
Announced back in 2014, Ubuntu Core is It’s this that has attracted Dell to the platform. Commercial Service to raise awareness of
Canonical’s cloud- and embedded-centric variant “Snappy Ubuntu Core’s ability to automatically the benefits of the Open Document Format
roll back to the last known working version of the (ODF) as well as the more general benefits
OS is invaluable to our IoT customers,” explained and cost savings of open source client
Dell’s director of IoT strategy and partnerships solutions,” Meeks added. “An integral part of
Jason Shepherd at the announcement. “Should this agreement reflects the level of support
an OS update fail to boot due to any reason, and commitment Collabora will provide in the
Ubuntu Core will automatically revert back to deployment of the Open Document Format.”
its last known good OS version and keep our The UK Government has been shifting
customers’ information flowing to the cloud.” away from proprietary formats since a
The Intel Atom-powered Dell Edge Gateway scathing report from UK Cabinet Office
5000 family, launching in December for Minister Francis Maude. Its current
commercial use and March 2016 for industrial guidelines state that documents should be
users, is designed to collect data from IoT provided in open and accessible formats,
sensor networks and perform analytics before including HTML, ODF and plain text, and that
transmitting to remote servers for analysis. proprietary formats are to be avoided.

www.linuxuser.co.uk 9

006-011_LUD159.indd 9 04/11/2015 15:19

 OpenSource Your source of Linux news & views

DISTRO FEED GRAPHICS

Top 10
(Average hits per day, 2 October – 26 October)

1. Linux Mint 2,892

2. Debian 2,094

3. Ubuntu 1,790

4. openSUSE - 1,519

5.

6.
Fedora
Manjaro
1,175

1,115
Intel releases
7.

8.

9.
Mageia
Android-x86
CentOS
1,084

849

831
OpenSWR rasteriser
10. Arch Linux 773
Promises up to 51-fold performance increase
This month A small team of engineers at Intel has released
an open source software rasteriser, which it is
easier for them,” Intel’s Tim Rowley explained
of the decision to release OpenSWR under the
■ Stable releases (27) claimed offers a 29- to 51-fold performance permissive Mesa MIT licence. “It’s easier to work
■ In development (6) improvement over systems like llvmpipe. with the Mesa community when the source we’re
Dubbed OpenSWR, the tool acts as a virtual working with can be used as reference.”
Ubuntu has enjoyed a graphics processor and interfaces with Mesa3D Intel has stated that the company is targeting
surge of interest this for API and state tracking layers. It’s this project applications based on the Visualisation Toolkit,
month thanks to the
release of 15.10 Wily to which the team has contributed the code, and that OpenSWR passes its OpenGL 3.2
Werewolf alongside targeting users working with large geometry backend rendering tests at 99 per cent, and that it
official spins. models but who do not have access to hardware is looking to improve conformance to other suites.
graphics processing capabilities – remembering, OpenSWR is compatible with any x86
of course, that Intel produces CPUs but not processor featuring either AVX or AVX2
Highlights dedicated GPUs. extensions, though Rowley has admitted that
“Our customers prefer open source, and tests have not been carried out on rival AMD’s
Ubuntu 15.10 allowing them to simply download the Mesa processors. Details and the source are available
Ubuntu absolutely dominated this source and enable our driver makes life much at github.com/OpenSWR.
month’s release figures, largely thanks
to the simultaneous launch of its Desktop, Server,
and Core variants alongside the various translated,
task-focused and desktop-environment-specific
CAREERS
Microsoft to hire Linux experts
official spins.

Android-x86 5.1 RC1

While Android-x86’s Distrowatch traffic
was down this week, larger drops in CentOS We’ve come a long way from the Halloween memos
and Arch saw the port of Google’s Android Open
Source Project (AOSP) hit the top ten chart. Microsoft’s Mark Russinovich has placed a call- pointed to considerable growth in the use of Linux
out for Linux professionals to send their CVs on Azure and his company’s need to support this.
Linux From Scratch 7.8 to the company, as his Azure cloud computing Jokingly asking any Linux experts in the crowd
Linux From Scratch is a freely-distributed division eyes expansion. to pass up their résumés, Russinovich claimed
guide to building your own distribution by
Microsoft has traditionally competed against that the company is eager to fully support the
Bruce Dubbs. The latest release includes an alternate
version based around systemd. open source software in general and Linux open source community – a far cry from its
specifically, with a series of leaked memos in traditional approach of ‘embrace and extend,’ to
October 1998 – known as the ‘Halloween Memos’ which critics appended ‘extinguish’.
Latest distros – proving particularly aggressive. In recent years, A slide accompanying Russinovich’s speech
however, the company has revised its stance. claimed that there are 500 Linux-specific job
available: Speaking during a keynote at All Things Open, openings at Microsoft, and a further 330 relating
filesilo.co.uk Azure chief technology officer Russinovich to open source projects.

10

006-011_LUD159.indd 10 04/11/2015 14:45

Random documents with unrelated
content Scribd suggests to you:
for five generations; so that the government of colonial Maryland
was really a hereditary constitutional monarchy.
Thus Lord Baltimore introduced into America a new
and quite remarkable type of colonial government. Ecclesiastical
powers of the lord
But in the second place his attempt to inaugurate a proprietor.
policy of complete religious toleration was a still
more memorable departure from familiar methods. Among the
express provisions of the charter there was nothing that looked
toward such complete toleration. Any express toleration of Catholics
would have ruined the whole scheme at the start. The words of the
charter were conveniently vague. In the original charter of Avalon
the lord proprietor was entrusted with "the patronage and
advowsons of all churches which, with the increasing worship and
religion of Christ within the said region, hereafter shall happen to be
built; together with license and faculty of erecting and founding
churches, chapels, and places of worship, in convenient and suitable
places, within the premises, and of causing the same to be
dedicated and consecrated according to the ecclesiastical laws of
England." This Avalon grant of 1623 was made when Sir George
Calvert was still a member of the English church; it empowered him
to found Anglican churches, but did not expressly prohibit him from
founding Romanist or Nonconformist places of worship along with
the others if he should see fit. Now exactly the same words were
repeated in the Maryland charter, although it was generally known
that Lord Baltimore intended to make that colony an asylum for such
English Catholics as wished to escape from their grievances at home.
The fact that no prohibition was inserted shows that the king
connived at Baltimore's scheme, perhaps through sympathy with his
Catholic queen. None of the Stuarts were fierce Protestants, and it is
worth noting that it was at the king's request that the colony was
named Maryland. Mr. Gardiner's opinion seems well sustained, that
"the phrases of the charter were intended to cover a secret
understanding between Baltimore and the king."[127]
Starting with such a charter, religious toleration in
Maryland was a happy product of circumstances. In Religious
toleration in
view of the regal powers wielded by Lord Baltimore Maryland.
it was not easy for the Protestant settlers to
oppress the Catholics; while, on the other hand, if the Catholic
settlers had been allowed to annoy the Protestants, it would
forthwith have raised such a storm in England as would have
overwhelmed the lord proprietor and blasted his enterprise. The
situation thus created was improved to the best advantage by the
strong common-sense and unfailing tact of Cecilius Calvert. It is not
likely that he had arrived at such advanced views of the entire
separation of church and state as those which were set forth with
such luminous cogency by Roger Williams, but there was a
statesmanlike instinct in him that led him in a similar direction. In
point of religious toleration Rhode Island unquestionably holds the
foremost place among the colonies, while next after it come Quaker
Pennsylvania, with New Netherland, which for its brief season
maintained the wholesome Dutch traditions. There are some
respects in which Maryland's record may vie with the brightest, but
her success was not attained without struggles. We shall presently
have occasion to see how curiously her beginnings were complicated
with the affairs of her elder sister Virginia and with some phases of
the Puritan revolution.
If Lord Baltimore felt obliged himself to stay in
England, he was able to send excellent agents to First settlement at
St. Mary's.
America in the persons of his younger brothers,
Leonard and George Calvert. The former he appointed governor of
Maryland. The most important member of the council was Thomas
Cornwallis, of an ancient and highly honourable London family, the
same to which in later days belonged the Earl Cornwallis who
surrendered an army to George Washington at Yorktown.[128]
Leonard Calvert's ships were the Ark, of 300 tons burthen, with its
attendant pinnace, the Dove, of 50 tons; and his company
comprised 20 "gentlemen adventurers" with about 300 labourers. So
alarmed were London people at the expedition that it took the ships
a full month to get away from the Thames River. All kinds of rumours
flew about. It was assumed that all Catholics must be in league with
Spain and that these ships must be concerned in some foul
conspiracy against the English colonies in America. At the last
moment a great fuss was made in the Star Chamber, and Coke sent
an order post-haste to Admiral Pennington commanding the channel
fleet to stop the ships at Dover. The oath of supremacy was
administered, and we hear of 128 persons taking it at one time. It is
generally believed that the majority of the company were
Protestants; the leaders were nearly all Catholics, including the
amiable Jesuit, Father Andrew White, who has left us in quaint and
very charming Latin a full narrative of the voyage.[129] The ships
finally started on the 22d of November, 1633, stopped for a while in
January at Barbadoes, and on the 27th of February reached Point
Comfort, where a letter from the king ensured them courteous
treatment at the hands of Governor Harvey. With a fresh stock of
supplies they sailed up Chesapeake Bay and into the broad Potomac,
and presently on a little wooded island which they called St.
Clement's—since dwindled to the mere vestige of a sand-bank—they
celebrated Mass for the first time in English America on the 25th of
March, 1634.
 THE PALATINATE OF MARYLAND
On a bluff overlooking the deep and broad St.
Mary's River the settlers found an Indian village, Relations with the
Indians.
which they bought from its occupants with steel
hatchets and hoes and pieces of cloth. These Indians were a tribe of
Algonquins, who had been so persecuted by their terrible Iroquois
neighbours, the Susquehannocks, that they were already intending
to move away to some safer region; so they welcomed the white
purchasers and the chance for buying steel hatchets. Leonard
Calvert was as scrupulously just in his dealings with red men as
William Penn in later days, and like Penn he was exceptionally
favoured by the circumstances of his Indian neighbours. After the
Algonquins had departed from St. Mary's, the fierce Susquehannocks
to the northward were so hard pressed by their hostile kinsmen of
the Five Nations, that they were only too glad to live on amicable
terms with the settlers of Maryland. Thus one of the most formidable
difficulties in the way of American colonization was removed at the
start.
At St. Mary's, moreover, there was no Starving
Time. The land had so long been cleared by the Prosperity of the
settlement.
Indians for their own cornfields that Calvert's
settlers at once began planting for themselves. Father White speaks
with approval of two native dishes which the Indians call "pone" and
"hominy," and from their squaws the English women soon learned
how to bake and fry these viands to perfection. In the course of the
very first autumn the Marylanders were able to export a shipload of
corn to New England in exchange for a cargo of salted codfish.[130]
Cattle and swine were obtained from Virginia, and soon the
neighbourhood of St. Mary's was covered with thrifty and smiling
farms. New colonists came quite steadily, and presently from St.
Mary's the plantations spread about the shores of the Potomac River
and Chesapeake Bay. The first assembly was convened and the first
laws were enacted in 1635, and when Cecilius, Lord Baltimore, died,
just forty years afterward, his Maryland had grown to be a
prosperous community of 20,000 souls.
Some of the more important details of this growth will form part of
our story. At present we have to consider somewhat more closely
the nature of this palatinate government, and the modifications
which it underwent in its transfer from England to America.
The Bishop of Durham was feudal landlord of the
territory in his bishopric, and the most considerable Constitution of
Durham: the
part of his revenue came from rents.[131] Until receiver-general.
1660 he also received a fluctuating but not
insignificant income from such feudal incidents as escheats,
forfeitures, and wardships. The rents and feudal dues were collected
by the bailiffs, each in his bailiwick, and were by them paid over to
the receiver-general, who was superintendent of the palatinate's
finances. As for Durham's share of the national taxes, Parliament
simply determined the amount; the bishop's government decided
how it should be raised and his constables collected it. The only
taxes collected by the king's officers were the customs.
After 1536 the militia force of Durham, like that of
other counties, was commanded by an officer Lord lieutenant
and high sheriff.
known as lord lieutenant. Formerly the command
of the militia and collecting and disbursing of revenue were
concentrated in the hands of the high sheriff, who continued to be
nominally the superior officer over the lord lieutenant and receiver-
general, while his actual duties were restricted, like those of sheriffs
in other counties, to enforcing the decisions of the courts. But
whereas all other sheriffs were crown officers, the high sheriff of
Durham was accountable only to the bishop.
The only officer of higher dignity than the high
sheriff was the chancellor of temporalities, who Chancellor of
temporalities.
exercised a twofold function. He was the bishop's
chief minister and head of the civil government,
and he presided over the bishop's high court of The halmote.
chancery. Below this high tribunal there were two
kinds of courts. The one was like the ordinary The seneschal.
courts of quarter sessions, composed of justices of
the peace, save that these justices were appointed The bishop's
council.
by the bishop and punished breaches not of the
king's peace but of the bishop's peace. The other kind of court was
one that could be held in any manor of the bishopric. It was the
manorial court or "halmote," the most interesting of these ancient
institutions of Durham. The business of the halmote courts was to
adjust all questions relating to the tenure of land, rights or
easements in land, and such other matters as intimately concerned
the little agricultural community of tenants of the manor. They could
also issue injunctions and inflict sundry penalties. These courts were
held by the seneschal, an officer charged with the general
supervision of manors, but all the tenants of the manor in question
could attend the halmote, and could speak and vote there, so that it
was like a town-meeting. When we add that it could enact by-laws,
thus combining legislative with judicial functions, we see its ancestry
disclosed. This halmote in Durham was a descendant of the ancient
folkmote or primary assembly which our forefathers brought into
Britain from their earlier home in the wilds of northern Germany. In
this assembly the people of Durham preserved their self-government
in matters of local concern. But the circumstances in which the
palatinate grew up seem to have retarded the development of
representative government. There was no shire-mote in Durham,
attended by selected men from every manor or parish or township,
as in the other counties of England. Instead of laws enacted by such
a representative body, there were ordinances passed by the bishop
in his council, which was composed of the principal magistrates
already mentioned, and of such noblemen or other prominent
persons as might choose to come or such as might be invited by the
bishop. It thus resembled in miniature a witenagemote or house of
lords. The bishops of Durham seem to have been in general
responsive to public opinion in their little world, and it does not
appear that the people fared worse than they would have done with
a representative assembly. The bishop was not an autocrat, but a
member of a great ecclesiastical body, and if he made himself
unpopular it was quite possible to take steps that would lead to his
removal.
The lack of representative institutions in Durham,
coupled with its semi-independence, long retarded National
representation.
its participation in the work of national legislation.
The bishop, of course, sat in the House of Lords,
but not until the reign of Charles II. was this Limitations
autonomy.
upon

county palatine represented in the House of

Commons. The change was inaugurated by Cromwell, under whose
protectorship the palatine privileges were taken away, and Durham,
reduced to the likeness of other counties, elected its members of
Parliament. In 1660 the restored monarchy undid this change and
replaced the bishop, although with his palatinate privileges slightly
shorn. In 1675 Durham began to be regularly represented in the
House of Commons, but that date was subsequent to the founding
of the Maryland palatinate. At the time when Lord Baltimore's
charter was issued, the bonds of connection between Durham and
the rest of England were three: 1. the bishop was a tenant in capite
of the crown, besides being an officer of the Church and a member
of the House of Lords; 2. the county regularly paid its share of the
national taxes; and 3. cases in litigation between the bishop and his
subjects could be appealed to the Court of Exchequer in London.
Saving these important limitations, Durham was independent. The
only way in which the king could act within its limits was by
addressing the bishop, who by way of climax to his many attributes
of sovereignty was endowed with the powers of coining money,
chartering towns, and exercising admiralty jurisdiction over his
seacoast.
As I have already observed it was natural that in
founding new governments in America, this familiar The palatinate
type in America.
example of the Durham palatinate should be made
to serve as a model. In point of fact not only Maryland, but every
colony afterwards founded, except in New England, was at first a
palatinate, with either a single lord proprietor or a board of
proprietors at its head. Of the four colonies older than Maryland,
three—English Virginia and Massachusetts, and Dutch New
Netherland—were founded through the instrumentality of charters
granted to joint-stock companies, organized really or ostensibly for
commercial purposes; one, Plymouth, was founded by the people
and ignored by the crown until finally suppressed by it. Of the four
New England colonies younger than Maryland, all were founded by
the people themselves, one of them, New Haven, was soon
suppressed, another, New Hampshire, was turned into a royal
province, the other two, Connecticut and Rhode Island, were for the
most part let alone. The governments of all the other colonies began
as proprietary governments. This was the case with New York and
the two Jerseys after the English conquest of New Netherland; it
was the case with Pennsylvania and Delaware, with the two
Carolinas, and with Georgia. One and all of these were variations
upon the theme first adopted in the founding of Maryland. All were
based upon the palatinate principle, with divers modifications
suggested by experience as likely to be more acceptable to the
proprietors or to the crown. And just as the crown, for purposes of
its own and without regard to the wishes of the people, changed the
governments of Virginia and New Hampshire and extinguished those
of New Haven and Plymouth; so in nearly every case we find the
people becoming so dissatisfied with the proprietary governments
that one after another they are overturned and the palatinates
become transformed into royal provinces. We shall, therefore, find it
profitable to trace the history of the palatinate principle in America
through its initial theme and its subsequent variations.
That initial theme was mainly an echo of the Old
World music, but the differences were not without Similarities
between Durham
importance. In administrative machinery there was and Maryland: the
a strong resemblance between Maryland and governor.
Durham. The governor of Maryland was Lord
Baltimore's chief minister, the head of the civil administration of the
colony. He also presided over its court of chancery, and in this
double capacity he resembled the chancellor of temporalities. But, as
befitted the head of a community planted in a hostile wilderness, he
added to these functions those of the lord lieutenant and was
commander-in-chief of the militia. Laws passed by the assembly
required his signature to make them valid, and thus he possessed
the power of veto; but he could not assent to a law repealing any
law to which the lord proprietor had assented. Such matters had to
be referred to the lord proprietor, whose prerogatives were jealously
guarded, while the extensive powers accorded to the governor were
such as convenience dictated in view of the fact that the lord
proprietor was absent in England. An instance of the principle and its
limits is furnished by the governor's pardoning power, which
extended to all offences except treason.[132]
The personage next in importance to the governor
was the secretary, who as receiver and disburser of Secretary:
surveyor-general.
revenues resembled the receiver-general of
Durham, but to these functions he added those of Muster master-
general: sheriffs.
recorder and judge of probate, and sometimes also
those of attorney-general. Next came the surveyor-general, whose
functions in determining metes and bounds and in supervising
manorial affairs, resembled those of the Durham seneschal. Then
there was a lieutenant commander of militia known as master-
general of the muster. In each county there was a sheriff, who, in
addition to such functions as we are familiar with, collected all taxes,
held all elections, and made the returns. These four officers—the
secretary, surveyor-general, muster master-general, and sheriff—
were paid by fees, the amount of which was determined by the
assembly, which thus exercised some control over them; but the
governor received a salary from the lord proprietor, and was to that
extent independent of the legislature.[133]
Of courts there was one in each county, but
besides this a considerable number of manors were The courts.
created, and each manor had its court baron and
court leet for the transaction of local business. Small civil cases
involving less than the worth of 1,200 pounds of tobacco, and
criminal cases not involving the death penalty, were tried in the
county courts. Above these was the provincial court, which dealt
with common law, chancery, or admiralty, as the case might be. The
judges of this court were all members of the council, to which the
secretary and other chief executive officers belonged, while the
governor presided alike over the provincial court and over the
council. Appeals could be taken from the provincial court to the
council sitting as the upper house in the assembly, after the analogy
of the appellate jurisdiction of the House of Lords; but this virtually
meant that a case once decided could be tried over again by the
same judges with a few colleagues added.
The assembly, at the mention of which we have
thus arrived, was the principal point of difference The primary
assembly.
between the palatinate of Maryland and that of
Durham. The governor of Maryland, like the bishop
of Durham, had his council, consisting solely, as the Initiative in
legislation.
other consisted chiefly, of high officials; but in
Maryland there was popular representation, while in Durham there
was not. At first, however, the popular house was not a
representative but a primary assembly, and its sittings were not
separate from those of the council. In the first assembly, which met
at St. Mary's in February, 1635, all the freemen, or all who chose to
come, were gathered in the same room with Leonard Calvert and his
council. They drew up a body of laws and sent it to England for the
lord proprietor's assent, which was refused. The ground of the
refusal was far more than the mere technicality which on a hasty
glance it might seem to be. Cecilius refused because the charter
gave the lord proprietor the power of making laws with the assent of
the freemen, but did not give such power to the freemen with the
assent of the lord proprietor. In other words, the initiative in
legislation must always come from above, not from below. Obviously
there could be no higher authority than Cecilius as to what the
charter really intended. But the assembly of Maryland insisted upon
the right of initiating legislation, and Cecilius was wise enough to
yield the point gracefully. He consented, in view of the length of time
required for crossing the ocean, that laws enacted by the assembly
should at once become operative and so remain unless vetoed by
him. But he reserved to himself the right of veto without limitation in
time. In other words, he could at any time annul a law, and this
prerogative was one that might become dangerous.
In 1638 the primary assembly was abandoned as
cumbrous. For purposes of the military levy the The
representative
province was divided into hundreds, and each assembly.
hundred sent a representative to the assembly at
St. Mary's. At a later date the county came to be the basis of
representation, as in Virginia. For some time the representatives sat
with the council, as at first in Massachusetts and Virginia; but in
1650 the representatives began to sit as a lower house, while the
council formed an upper house. As there was a tendency, which
went on increasing, for the highest offices to be filled by Calverts
and their kinsmen, the conditions were soon at hand for an
interesting constitutional struggle between the two houses. It was to
be seen whether the government was to be administered for the
Calverts or for the people, and to the story of this struggle we shall
presently come.
As a result of our survey it appears that Lord
Baltimore occupied a far more independent position Regal power of
Lord Baltimore.
than any bishop of Durham. Not only was he
exempt from imperial taxation, but in case of a controversy between
himself and his subjects no appeal could be taken to any British
court. His power seemed to approach more nearly to despotism than
that of any king of England, save perhaps Henry VIII. The one
qualifying feature was the representative assembly, the effects of
which time was to show in unsuspected ways. From various
circumstances mentioned in the course of the present chapter there
resulted a strange series of adventures, which will next claim our
attention.
 CHAPTER IX.
LEAH AND RACHEL.
We have already had occasion to observe that,
while from the outset Lord Baltimore's enterprise William Claiborne
and his projects
found many enemies in England, it was at the
same time regarded with no friendly feelings in Virginia. We have
seen the Virginians sending to London their secretary of state,
William Claiborne, to obstruct and thwart the Calverts in their
attempt to obtain a grant of territory in America. For Claiborne there
were interests of his own involved, besides those of the colony which
he represented. This William Claiborne, younger son of an ancient
and honourable family in Westmoreland, had come to Virginia in
1621 and prospered greatly, acquiring large estates and winning the
respect and confidence of his fellow planters. By 1627 he had begun
to engage in trade with the natives along the shores of Chesapeake
Bay and the Potomac and Susquehanna rivers. Such traffic, if well
managed, was lucrative, since with steel knives and hatchets, or
with ribbons and beads, one could buy furs which would fetch high
prices in England. To the enterprising Claiborne it seemed worth
while to extend this trade far to the north. His speculative vision
took in the Delaware and Hudson rivers and even included New
England and Nova Scotia. So he entered into an arrangement with a
firm of London merchants, Clobery & Company, to supply them with
furs and other such eligible commodities as might be obtained from
the Indians, and in 1631 he obtained a royal license for trading in
any and all parts of North America not already preëmpted by
monopolies. This was done while he was in London opposing Lord
Baltimore. The place most prominently mentioned in the license was
Nova Scotia, and it was obtained under the seal of Scotland, from
the Secretary of State for Scotland, Sir William Alexander, to whom
Nova Scotia had some time before been granted. On returning to
Virginia, where Sir John Harvey had lately superseded the convivial
Dr. Pott as governor, Claiborne obtained a further license to trade
with any of the English colonies and with the Dutch on Henry
Hudson's river.
Armed with these powers, Claiborne proceeded to
make a settlement upon an island which he had Kent Island
occupied by
already, before his visit to London, selected for a Claiborne.
trading post. It was Kent Island, far up in
Chesapeake Bay, almost as far north as the mouth of the Patapsco
River. Here dwellings were built, and mills for grinding corn, while
gardens were laid out, and orchards planted, and farms were
stocked with cattle.[134] A clergyman was duly appointed, to minister
to the spiritual needs of the little settlement, and in the next year,
1632, it was represented in the House of Burgesses by Captain
Nicholas Martian, a patentee of the land where Yorktown now
stands.
When in that same year the news of the charter
granted to Lord Baltimore arrived in Virginia, it was Conflicting grants.
greeted with indignation. No doubt there was
plenty of elbow-room between the old colony and the land assigned
to the new-comers, but the example of Claiborne shows what far-
reaching plans could be cherished down on James River. The
Virginians had received a princely territory, and did not like to see it
arbitrarily curtailed. There was no telling where that sort of thing
might end. According to the charter of 1609, Virginia extended 200
miles northward from Old Point Comfort,[135] or about as far north
as the site of Chester in Pennsylvania; which would have left no
room for Maryland or Delaware. That charter had indeed been
annulled in 1624, but both James I. and Charles I. had expressly
declared that the annulling of the charter simply abolished the
sovereignty that had been accorded to the Virginia Company, and
did not infringe or diminish the territorial rights of the colony.
Undoubtedly the grant to the Calverts was one of the numerous
instances in early American history in which the Stuart kings gave
away the same thing to different parties. Or perhaps we might
better say that they made grants without duly heeding how one
might overlap and encroach upon another. This was partly the result
of carelessness, partly of ignorance and haziness of mind; flagrant
examples of it were the grants to Robert Gorges in Massachusetts
and to Samuel Gorton in Rhode Island. No serious harm has come of
this recklessness, but it was the cause of much bickering in the early
days, echoes of which may still be heard in silly pouts and sneers
between the grown-up children of divers neighbour states. As
regards the grant to Lord Baltimore, a protest from Virginia was not
only natural but as inevitable as sunrise. It was discussed in the Star
Chamber in July, 1633, and the decision was not to disturb Lord
Baltimore's charter; the Virginians might, if they liked, bring suit
against him in the ordinary course of law. From this decision came
many heart-burnings between Leah and her younger sister Rachel,
as a quaint old pamphleteer calls Virginia and Maryland.[136]
Viewed in the light of all the circumstances, it is
difficult to avoid seeing in Claiborne's occupation of Claiborne's
resistance.
Kent Island a strategic move. Considered as such,
it was bold and not ill-judged. With his far-reaching
schemes the Susquehanna River was a highway Lord Baltimore's
instructions.
which would enable him to compete with the Dutch
for the northwestern fur trade. By establishing The Virginia
himself on Kent Island he might command the council supports
approach to that highway. The maxim that actual Claiborne.
possession is nine points in the law was in his
favour. If the Star Chamber had decided to uphold Virginia's
wholesale claim to the territory granted her in 1609, Claiborne would
have been master of the situation. Even with the decision as
rendered, his own case was far from hopeless. In the autumn of
1633 he petitioned the king to protect his interests and those of
Virginia in Kent Island. He contended that Baltimore's charter gave
jurisdiction only over territory unsettled and unimproved,—hactenus
in culta,—whereas Kent Island had been settled as a part of Virginia
and heavy expenses incurred there before that charter had been
issued. In sending this petition it was hoped that by resolutely
keeping hold upon the strategic point it might be possible to make
Lord Baltimore reconsider his plans and take his settlers to some
other region than the shores of Chesapeake Bay. But this hope was
dashed in February, 1634, when Leonard Calvert with the first party
of settlers arrived in those waters. Claiborne's petition had not yet
been answered, but Lord Baltimore's instructions to his brother were
conceived in a conciliatory spirit. Leonard was to see Claiborne and
offer him all the aid in his power toward building up the new
settlement on Kent Island, at the same time reminding him that the
place was in Baltimore's territory and not a part of Virginia. In other
words, Claiborne was welcome to the property, only he must hold it
as a tenant of the lord proprietor of Maryland, not as a tenant of the
king in Virginia. While the Ark and the Dove were halting at anchor
off Old Point Comfort, and while Leonard Calvert was ashore
exchanging courtesies with Governor Harvey, he communicated this
message to Claiborne. At the next meeting of the council, Claiborne
asked his fellow-councillors what he should do in the matter. In reply
they wondered that he should ask such a question. Was not the case
perfectly clear? Was there any reason why they should surrender
Kent Island, more than any other part of Virginia? No, they would
keep it until his Majesty's pleasure should be known, and meanwhile
they would treat the Maryland company civilly and expected to be so
treated by them. Behind this answer there was much bad feeling.
Not only were the Virginians angry at the curtailment of their
domains, not only were they alarmed as well as angry at the arrival
of Papists in their neighbourhood, but they were greatly disgusted
because Lord Baltimore's charter gave him far more extensive
trading privileges than they possessed. Calvert's message to
Claiborne had signified that before trading any further in the upper
parts of Chesapeake Bay he must obtain a license from Maryland.
Assured now of support from Virginia, Claiborne returned an answer
in which he refused in any way to admit Lord Baltimore's
sovereignty.
Leonard's instructions had been in case of such a
refusal not to molest Claiborne for at least a year. Complications
with the Indians.
But soon complications arose. The settlers at St.
Mary's observed indications of distrust or hostility on the part of a
neighbouring Algonquin tribe, known as the Patuxents; so they
appealed to one Captain Henry Fleete, who understood the
Algonquin language, to learn what was the matter. This Captain
Fleete wished to supplant Claiborne in the fur trade and may have
welcomed a chance of discrediting him with the Marylanders. At all
events, he reported that the Indians had been told that the
Marylanders were not Englishmen but Spaniards, and for this
calumny, which might have led to the massacre of the new-comers,
he undertook to throw the blame upon Claiborne. In the substance
of this story there is a strong appearance of truth. On the Virginia
coast in those days common parlance was not nice as to
discriminating between Papists of any kind and Spaniards, and one
can easily see how from ordinary gossip the Indians may have got
their notion. There is no reason for casting atrocious imputations
upon Claiborne, who was examined in June, 1634, by a joint
commission of Virginians and Marylanders, and completely
exonerated. But before the news of this verdict reached London, the
charge that Claiborne was intriguing with the Indians had been
carried to Lord Baltimore and evidently alarmed him. Convinced that
forbearance had ceased to be a virtue, he sent word to his brother
to seize Kent Island, arrest Claiborne, and hold him prisoner until
further instructions.
This was in September, 1634. News of the message
came to the ears of Claiborne's London partners, Reprisals and
skirmishes.
Clobery & Company, and they petitioned the king
for protection in the possession of their island. Charles accordingly
instructed Lord Baltimore not to molest Claiborne and his people,
and he sent a letter to the governor and council of Virginia, in which
he declared that the true intention or the charter which he had
granted to Baltimore would not justify that nobleman in any
interference with Kent Island and its settlers. So the winter wore
away without incident, but early in April, 1635, one of Claiborne's
ships, commanded by one Thomas Smith, was seized in the Patuxent
River by Captain Fleete; she was condemned for trading without a
license, and was confiscated and sold with all her cargo. Claiborne
then sent out an armed sloop, the Cockatrice, to make reprisals
upon Maryland shipping; but Calvert was wide awake and sent
Cornwallis with a stronger force of two armed pinnaces, which
overtook the Cockatrice in Pocomoke River and captured her after a
brisk skirmish in which half a dozen men were killed and more
wounded. That was on April 23, and on May 10 there was another
fight in the harbour of Great Wighcocomoco, at the mouth of the
Pocomoke, in which Thomas Smith commanded for Claiborne and
defeated the Marylanders with more bloodshed.
In the midst of these unseemly quarrels the
kingdom of Virginia witnessed something like a Complaints
against Governor
revolution. We have already had occasion to Harvey.
mention Sir John Harvey, the governor who came
in March, 1630, after the brief administration of that versatile
practitioner, Dr. John Pott. Harvey was not long in getting into
trouble. It was noticed at first that his manners were intolerably
rude. He strutted about Jamestown as if he were on a quarter deck,
and treated the august members of the council with as little
ceremony as if they had been boot-blacks. On his own confession he
once assaulted a councillor and knocked out some of his teeth "with
a cudgel."[137] But it presently appeared that arrogance was not his
worst fault. He was too fond of money, and not particular as to how
it came to him. He had a right to make grants of land to settlers for
a consideration to be paid into the public treasury; it was charged
against him that part of the consideration found its way into his own
pockets. Nor was this all, for it happened, after the fashion of his
royal master, that some of the lands which he granted were already
private property. Besides this, he seems to have undertaken to draw
up laws and proclaim them of his own authority without submitting
them to the assembly; he refused to render an account of the ways
in which he spent the public money; he had excessive fees charged,
multiplied the number of fines beyond all reason, and took the
proceeds or a part of them for his private use and behoof. In short,
he seems to have been a second and more vulgar Argall.
Five years of this sort of thing had driven the men
of Virginia to the last pitch of desperation, when Rage of Virginians
against Maryland.
the Claiborne imbroglio brought on a crisis. In
obedience to the king's instructions, Harvey showed such favour as
he could to the Maryland settlers, and thus made himself the more
fiercely hated in Virginia. The Kent Island question was one that
bred dissension in families, separated bosom friends, and sowed
seeds of distrust and suspicion far and wide. To speak well of
Maryland was accounted little less than a crime. "Sell cattle to
Maryland!" exclaimed the wrathful planters, "better knock them on
the head!" From pious people this near approach of the Scarlet
Woman drew forth strong words. We are told that one day Captain
Samuel Mathews, that brave gentleman and decorous Puritan, on
reading a letter from England, dashed his hat upon the ground and
stamped in fury, shouting "A pox upon Maryland!"[138]
In such a state of things we can imagine what a
storm was raised when Governor Harvey removed An angry parson.
from office the able and popular secretary of state,
William Claiborne, and appointed one Richard The meeting at
Kemp in his place. One lively gleam of vituperation Warren's house.
lights up the grave pages of the colonial records, when Kev. Anthony
Panton called Mr. Kemp a "jackanapes," and told him that he was
"unfit for the place of secretary," and that "his hair-lock was tied up
with ribbon as old as St. Paul's." We shall hereafter see how the
outraged secretary nursed his wrath; what he might have done in its
freshness was prevented by a sudden revolution. The assembly drew
up a protest against the king's attempts at monopolizing the tobacco
trade, and Harvey refused to transmit the protest to England. About
the same time the news arrived of the seizing of Claiborne's ship in
Maryland waters. On the petition of many of the people, a meeting
of the assembly was called for May 7, to receive complaints against
Sir John Harvey.[139] In the mean time, on April 27, an indignation
meeting was held at the house of William Warren, in York, where the
principal speakers were Nicholas Martian, formerly member of the
House of Burgesses for Kent Island, Francis Pott, the doctor's
brother, and William English, sheriff of York County. The house
where this meeting was held in 1635 seems to have stood on or
near the site of the house afterward owned by Augustine Moore,
where in 1781 the surrender of Lord Cornwallis was arranged; and
by a curious coincidence the speaker Nicholas Martian was a direct
ancestor both of George Washington, who commanded the army of
the United States, and of Thomas Nelson, who commanded the
forces of Virginia, on that memorable occasion.[140]
Next morning Martian, Pott, and English were
arrested, and when they asked the reason why, Scene in the
council.
Governor Harvey politely told them that they
"should know at the gallows." When the council
met, the wrathful governor strode up and down the Harvey deposed.
room, demanding that the prisoners be instantly put to death by
martial law, but the council insisted that no harm should come to
them without a regular trial. Then Harvey with a baleful frown put
the question after the manner of Richard III., "What do they deserve
that have gone about to dissuade the people from their obedience to
his Majesty's substitute?" A young member, George Menefie, replied
with adroit sarcasm that he was too young a lawyer to be ready with
"a suddain opinion" upon such a question. Turning savagely upon
him, Sir John asked what all the fuss was about. "Because of the
detaining of the assembly's protest," said Menefie. Then the
governor struck Menefie heavily upon the shoulder and exclaimed, "I
arrest you on suspicion of treason," whereupon Captain John Utie,
roughly seizing the governor, answered, "And we the like to you,
sir!" Samuel Mathews threw his arms about Harvey and forced him
down into a chair, while that connoisseur in beverages, Dr. Pott,
waved his hand at the window, and in the twinkling of an eye the
house was surrounded by armed men. Mathews then told the
helpless governor that he must go to London to answer charges that
would be brought against him. In vain did Harvey argue and storm.
The sequel may best be told in the words of the terse and bleak
entry in the colonial records: "On the 28th of April, 1635, Sir John
Harvey thrust out of his government; and Capt. John West acts as
governor till the king's pleasure known." When the assembly met on
May 7, these proceedings of the council were approved, and
commissioners were appointed to go to London and lay their
complaints before the king. The indignant Harvey went by the same
ship, in the custody of his quondam prisoner, Francis Pott, whom he
had been so anxious to hang without ceremony.
Such were the incidents of the ever memorable
"thrusting out of Sir John Harvey," the first Harvey's return.
revolutionary scene that was acted in English
America. When King Charles heard the story he did not feel quite so
much fondness for his trusty and well-beloved burgesses as when he
had been seeking commercial favours from them. He would not
receive their commissioners or hear a word on their side of the case,
and he swore that Sir John Harvey should straightway go back to
Virginia as governor, even were it only for one day. But when it came
to acting, Charles was not quite so bold as his words. Harvey did not
return until nearly two years had elapsed.[141] Then it was the turn
of the rebellious councillors—Utie, Mathews, West, Menefie, and Dr.
Pott—to go to London and defend themselves, while Harvey wreaked
mean-spirited vengeances on his enemies. The day of reckoning had
come for Anthony Panton, the minister who had called Mr. Secretary
Kemp a "jackanapes," and had, moreover, as it seemed, spoken
irreverently of Archbishop Laud. Panton's conduct was judged to be
"mutinous, rebellious, and riotous,"[142] his estate was confiscated,
and he was banished. A shameful clause was inserted in the
sentence, declaring him outlawed if he should venture to return to
Virginia, and authorizing anybody to kill him at sight; but Harvey
afterward tried to disown this clause, saying that it had been
wickedly interpolated by the vindictive Kemp.
But Harvey's new lease of power was brief.
Enemies to the throne were getting too numerous Harvey's fall and
death.
for comfort, and we may well believe that Charles,
having once vindicated his royal dignity in the matter, was quite
ready to yield. The statements of the councillors under examination
in London no doubt had weight, for no proceedings were taken
against them, but in 1639 the king removed Harvey, and sent the
excellent Sir Francis Wyatt once more to govern Virginia. Harvey's
numerous victims forthwith overwhelmed him with law-suits, his ill-
gotten wealth was quickly disgorged, his estates were sold to
indemnify Panton and others, and the fallen tyrant, bankrupt and
friendless, soon sank into the grave,—such an instance of poetic
justice as is seldom realized.
It was in December, 1637, during Harvey's second
administration, that the Kent Island troubles were Evelin sent to
Kent Island.
renewed. After Claiborne's victorious fight at Great
Wighcocomoco, in May, 1635, he retained
undisturbed possession of the island, but a quarrel Kent Island seized
by Calvert.
was now brewing between himself and his London
partners, Clobery & Company. They were dissatisfied because furs
did not come in quantities sufficient to repay their advances to
Claiborne. The disputes with the Marylanders had sadly damaged
the business, and the partners sent over George Evelin to look after
their interests, and armed him with power of attorney. They
requested Claiborne to turn over to him the island, with everything
on it, and to come to London and settle accounts. Claiborne tried to
get a bond from Evelin not to surrender the island to Calvert, but
that agent refused to give any assurances, except to express in
strong language his belief that Calvert had no just claim to it.
Nothing was left for Claiborne but to leave Evelin in possession. He
did so under protest, and in May, 1637, sailed for England, where
Clobery & Company immediately brought suit against him. Evelin
then went to Virginia and attached all of Claiborne's property that he
could find. Presently, whether from policy or from conviction, he
changed his views as to the ownership of Kent Island and invited
Leonard Calvert to come and take it. After some hesitation, in
December, 1637, Calvert occupied the premises with forty or fifty
armed men and appointed Evelin commandant of the island.
Forthwith so many people were arrested for debts owed to Clobery
& Company that an insurrection ensued, and in February, 1638,
Calvert had to come over again and enforce his authority. Among his
prisoners taken in December was Thomas Smith, the victor in the
fight at Great Wighcocomoco, who was now tried for piracy and
hanged, while the Maryland assembly passed a bill of attainder
against Claiborne, and all his accessible property was seized for the
benefit of Lord Baltimore's treasury.
Soon afterward the final and crushing blow was
dealt in London. A Board of Commissioners for the Decision is given
against Claiborne.
Plantations had lately been created there, a germ
that in later years was to develop into the well-known body
commonly called the Lords of Trade. To this board the dispute over
Kent Island had been referred, and the decision was rendered in
April, 1638. In the decision the claims of Virginia were ignored, and
the matter was treated like a personal dispute between Claiborne
and Lord Baltimore. The latter had a grant of sovereignty under the
seal of England, the former had merely a trading license under the
seal of Scotland, and this could not be pleaded in bar of the greater
claim. Kent Island was thus adjudged to Lord Baltimore. Crestfallen
but not yet conquered, the sturdy Claiborne returned to Virginia to
await the turn of Fortune's wheel.
In curious ways the march of events was tending in
Claiborne's favour. At first sight there is no obvious Puritans in
Virginia.
connection between questions of religion and the
ownership of a small wooded island, but it would be difficult to name
any kind of quarrel to which the Evil One has not contrived to give a
religious colouring. By the year 1638 the population of Virginia had
come to contain more than 1,000 Puritans, or about seven per cent.
of the whole. They had begun coming to Virginia in 1611 with Sir
Thomas Dale, whose friend, the Rev. Alexander Whitaker, the
famous "Apostle of Virginia," was a staunch Puritan, son of an
eminent Puritan divine who was Master of St. John's College,
Cambridge. The general reader, who thinks of Whitaker correctly as
a minister of the Church of England, must not forget that in 1611
the Puritans had not separated from the Established Church, but
were striving to reform it from within. As yet there were few
Separatists, save the Pilgrims who had fled to Holland three years
before. The first considerable separation of Puritans occurred when
the colony of Massachusetts Bay was founded in 1629. The great
gulf between Puritans and Churchmen was dug by the Civil War, and
the earliest date when it becomes strictly proper to speak of
"Dissenters" is 1662, when the first parliament of Charles II. passed
the Act of Uniformity. In the earliest days of Virginia, Puritan
Churchmen were common there. When in 1617 the good Whitaker
was drowned in James River, he was succeeded by George Keith,
who was also a Puritan.[143] Under the administration of Sandys and
Southampton many came. Their chief settlements were south of
James River, at first in Isle of Wight County and afterwards in
Nansemond. Among their principal leaders were Richard Bennett,
son of a wealthy London merchant and afterwards governor of
Virginia, and Daniel Gookin, noted for his bravery in the Indian
massacre of 1622.
An act of the assembly in 1631 prescribed "that
there be a uniformity throughout this colony both Act of Uniformity,
1631.
in substance and circumstances to the canons and
constitution of the Church of England." This
Puritan ministers
legislation probably reveals the hand of William from New
Laud, who had three years before become bishop England.
of London; and it may be taken to indicate that a
large majority of Virginians had come to disapprove New Act of
of Puritanism. Probably the act was not vigorously Uniformity, 1643.
enforced, for Governor Harvey seems to have
looked with favour upon Puritans, but it may have caused some of
their pastors to quit the colony. In 1641 an appeal for more ministers
was sent to Boston, and in response three clergymen—William
Thompson of Braintree, John Knowles of Watertown, and Thomas
James of New Haven—sailed from Narragansett Bay in December,
1642. Their little ship was wrecked at Hell Gate and their welcome
from the Dutch at Manhattan was but surly; nevertheless they were
able to procure a new ship, and so, after a wintry voyage of eleven
weeks, arrived in James River.[144] They brought excellent letters of
recommendation from Governor Winthrop to the governor of
Virginia, but might as well have thrown them into the fire, for the
new governor of Virginia, who arrived in 1642, was the famous Sir
William Berkeley, a Cavalier of Cavaliers, a firm believer in the
methods of Strafford and Laud, an implacable foe of Puritanism and
all its advocates. At the next meeting of the assembly, in March,
1643, the following act was passed: "For the preservation of the
purity of doctrine and unity of the Church, it is enacted that all
ministers whatsoever, which shall reside in the colony, are to be
conformed to the orders and constitution of the Church of England,
and not otherwise to be admitted to teach or preach publicly or
privately, and that the Governor and Council do take care that all
non-conformists, upon notice of them, shall be compelled to depart
the colony with all convenience."[145]
Armed with this fulmination, Berkeley was not long
in getting rid of the parsons whom Winthrop had Expulsion of the
ministers.
commended to his hospitality. Knowles and James
went in April, after some weeks of incessant and successful
preaching but Thompson, "a man of tall and comely presence" as we
are told, stayed through the summer and made many converts,
among them the wayward son of Daniel Gookin, a junior Daniel
whose conversion was from worldliness or perhaps devilry rather
than from prelacy. This brand snatched from the burning by
Thompson went to Massachusetts, where for many years he was
superintendent of Indian affairs and won fame by his character and
writings. Thompson's work in Virginia is thus commemorated by
Cotton Mather:—
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