THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES Volume III Number 1 Society of Colonial Wars in the Commonwealth of Pennsylvania Address By Hon. Norris Stanley Barratt Colonial Wars in America Address before the Society of Colonial Wars in the Commonwealth of Pennsylvania March 13th, 1913 By Hon. Norris Stanley Barratt, LL.D. Judge of Court Common Pleas No. 2 First Judicial District of Pennsylvania > Member of Historical Societies of Pennsylvania, Delaware and Virginia; Historian and Chairman Board of Managers Pennsylvania Society Sons of the Revolution Appendix List of Officers and Members, 1913 Printed by Order of the Society- March, 1913 PRESS OF THE NEW ERA PRINTING COMPANY LANCASTER, PA Illustrations. Hon. Norris S. Barratt frontispiece Facing Page. Head Piece — Indian in Canoe 3 The Rising Sun 3 ! Tablet Brig. General John Forbes 7 ,, Tablet Associated Regiment of Foot of Philadelphia 9 ~ ( i eorge Cuthbert Gillespies Fire Marks 9 Portrait Brig. General Henry Bouquet 11 Tablet Swedish Settlement on Delaware 13 Tablet Dutch Settlement on Delaware 15 Continental or Grand Union Flag 17 First National Flag of the United States 19 Benjamin Franklin 21 Portrait William Penn by Sir Godfrey Kneller 23 Wampum Belt given to William Penn 23 Arms of the City of Philadelphia 24 : Portrait John Penn, the American 25 T^Iap showing English Colonies in America, 1765 27 On the War Path 29 Indian Attack upon Block House 31 Sun Dial from Fort Pitt 31 < leneral Braddock 33 Rev. William Smith, Rector of Christ Church, Philadelphia. 35 The First Fort Pitt, 1758 36 Indians Delivering English Captives to Col. Bouquet 37 Fort Pitt, 1759 39 iii ti ^4SS47 IV Interior of a Tepee of an Indian Chief 39 Fort Pitt, 1761 40 Christ Church, Philadelphia 41 Death of General James Wolfe 43 Regimental Colors H.B.M 17th Regiment of Foot 45 Relics and Louisberg Medallion 17th Regiment of Foot. . . 47 United States National Flag, 1913 49 Colonial Wars in America. Tonight we meet to celebrate the Twentieth Anniversary of the So- ciety of Colonial Wars in the Com- monwealth of Pennsylvania, and to me has been accorded the distin- guished honor of saying a few words to you about the Colonial Wars in America. Your ancestors protected the infant colonies, so that my topic is appropriate to the occasion, — to talk about wars to the descendants of warriors who saved the Colonies when in visible danger. I have in mind the late Senator Quay's historic advice to Governor Beaver of "Dear Beaver. Don't talk," to which I would add an amendment, if you do talk or write, weigh your words. Also, Steele's thought, "When a man has no design but to speak plain truth he may say a great deal in a very narrow com- 3 pass"; so I shall endeavor to guide my words with discretion. I spent last summer in Chester, Nova Scotia, and I met there a most attractive Philadelphia woman, a raconteur, thoroughly well informed, and you know a Philadelphia woman abroad ''needs no eulogy, she speaks for herself." She told me a story illustrating the value of weighing words. The Bishop of Gibraltar was visiting his brother Bishop of Algiers. 'He mentioned casually his great interest in birds and that he possessed a pair of emus. They are like an ostrich, but as they abandon their eggs it is hard to raise them and they are rare birds indeed. So the Bishop left careful directions with his servants about the care and feeding of the birds before leaving Gibraltar. He received a cable and delighted with it, being destitute of humor, brought the message direct to the Bishop of Algiers. It read "The female emu has laid an egg, and in the absence of your Lordship, we have placed it under the biggest goose we could find." I shall not utter any unkind criticism, nor find "flaws in diamond wit of the first waters, — motes in the brightest rays of the mind, and beams in the eyes of truth." I shall content myself with telling a plain, unvarnished tale, relieved by a little nonsense occasionally, as it is not inadmissible when it can be thus harmlessly indulged. Nonsense, humor, anecdote, are to sense, as shade to light — they heighten effect.^ You need not expect from me great learning or originality : as, like all such papers, this is necessarily based upon official records and authoritative historical works, which sources, however, I have diligently searched. Nor is what I may say to be considered a history in detail of the Colonial Wars, but rather a brief resume of the same, together with some obser- vations which occurred to me as pertinent to the occasion and the topic assigned me. 1 Frederick Saunders, pp. 41, 43, 45. The Rev. Dr. George P. Donehoo recently said: ' * History, as it is written, is divided into two classes, sacred and profane. Sacred history is a correct narration of events, in their true relation to each other. Profane history is the narration of the events which the writer wishes to record, presented without any regard whatever to the events which are not recorded. It is called 'profane' because it makes the critical student of history swear when he reads it. "The writer of sacred history sees beyond the details in the foreground of action to the causes which make those ac- tions possible. The writer of profane history sees the ant hill, just before his line of vision, but cannot see the moun- tains which lie beyond it. He is, of a truth, recording the events which he sees, but the thing which he sees does not make a complete vision of things as they are. He is too short- sighted. This is one of the reasons why historians differ in their records of the same events. One is a historian, the other is a 'reporter.' "- It is perhaps only just to say at this point that a Phila- delphian who possesses in a marked degree this historic sense, as did the late Thompson Westcott in his day, who has done and is doing so much to preserve our history by his most interesting articles in The Evening Bulletin, is its accom- plished Editor-in-Chief William Perrine, Esq., whom you are familiar with under the name of "Penn," to whom we owe a debt of gratitude. He is a great editor, of the type of Greeley, Bennett, Dana, Forney, Medill, Halstead, McMichael and Watterson, with the broadest views of public questions. And he knows Philadelphia and her history well, and he writes entertainingly and appreciatively about her past. His arti- cles have suggested much to me, which I take pleasure in acknowledging. 2 ' ' Christian F. Post 's Part in Capture of Fort Duquesne, ' ' The Penn Germania, Vol. II, No. 1, p. 1. "Histhry is a post-mortem examination. It tells you what a counthry died iv, but I would like to know what it lived iv," says the humorous E. P. Dunne, in which there is truth. I have frequently found myself upon the same road travelled by many good and worthy men before me, and I have taken advantage of their labors and conclusions freely, as well as to verify my own original investigations. Indeed one feels embarrassment by the wealth of original material because it is a large subject and has occupied many minds. An original record suggests a statement, and one writes a paragraph, only to subsequently find the same thought better expressed in print. One then realizes the truth of those delightful lines of Kipling's in his "Barrack Room Ballads on Pla- giarism": When 'Omer smote 'is bloomin' lyre, He'd 'eard men sing by land an' sea; An' ^hat he thought 'e might require, 'E went and took — the same as me! The market girls and fishermen. The shepherds an' the sailors, too They 'eard old songs turn up again. But kep' it quiet — same as you! They knew 'e stole; 'e knew they knowed. They didn't tell, nor make a fuss. But winked at 'Omer down the road, An' 'e winked back — the same as us. And one solaces himself with the thought, that all historical writings are more or less compilations, and one is no worse tlian the others beginning with Homer, who like Montaigne, Charron, Corneille, Shakespeare, Milton, Gray, Byron, Pope, Cowper, Goldsmith and Addison were guilty of literary larcenies^ althougli I still have in mind the query propounded by Professor Amandus Johnson of the Swedish Colonial 3 ' ' Salad for the Solitary, ' ' Frederick Saunders, London, 1885, p. 462. TABLET ERECTED BY OUR SOCIETY IN CHANCEL OF CHRIST CHURCH, PHILADELPHIA. Society who asks "Whether there ever was an honest literary- man in this world? And whether anybody ever had an idea of his own which was not taken from somebody else?" But you know inspiration and influence come from somewhere — and after all, finished goods must be manufactured from materials of some kind. Having settled this point to your satisfaction, I can proceed with more confidence. I merely sug- gest this in passing, because a year or so ago I received a note of congratulation upon an address I had made, from an old lady of child-like faith in the West, who was under the im- pression that I was personally present in 1784, a mere 128 years ago, and helped to organize the Methodist Episcopal Church in America. When she wrote she was glad "I told all about it before I died. ' '^ Our Society is formed to celebrate the events of Colonial history from the settlement of Jamestown, Virginia, the first permanent English settlement in America, to the battle of Lexington, April 9, 1775, and to perpetuate the memory of those events and of the men who were the founders of this nation, and to inspire in its members the fraternal and patriotic spirits of their forefathers, and in the community, respect and reverence for those whose public services made our freedom and unity possible, remembering it was Sir Boyle Roche who first suggested that "we should not put ourselves out of the way to do anything for posterity, for what has posterity done for us? And by posterity I do not mean our ancestors, but those who are to come immediately after them. ' ' What Editor George W. Ochs in the Public Ledger so admir- ably said about the most gorgeous pageant which America has yet seen, the Historical Pageant of 1912 in Fairmount Park, and for which he deserves our thanks and apprecia- tion, is apposite : 4"Barratt's Chapel and Methodism," Papers LVII, Historical So- ciety of Delaware, Norris S. Barratt, 1911. 8 "The Pageant was inspired by a commendable desire to educate the present generation and to recall the historical background upon which the reputation of Philadelphia rests today. This inspiration brought to the service of the Pageant a multitude of citizens, young and old, who received their first experience in public usefulness, and the collective result of their effort was a splendid spectacle, which will never be forgotten by those who saw it. The Pageant spread the fame of the city far and wide, it emphasized and recalled important epochs in the city's past, and it illustrated a possibility of public entertainment long neglected in this country."^ We are celebrating an anniversary. Let us pause for a moment and review briefly the past twenty years of our exist- ence as a Society and see what we have done. 1. November 27, 1898, we erected in Christ Church, Phila- delphia, a Memorial Tablet of Brigadier General John Forbes, Commander of his ]\Iajesty's troops in the Southern Province of North America, which was unveiled on the 140th anni- versary of the ' ' Capture of Fort Duquesne, ' ' upon which sub- ject our Chaplain, the Right Reverend Cortlandt Whitehead, S.T.D., Bishop of Pittsburgh, Pennsylvania, addressed us. 2. We presented, March, 1900, to the City of Philadelphia the portrait of Brigadier General Henry Bouquet, 1719-1765, to be hung in Independence Hall, our then Deputy Governor Dr. Edward Shippen, U.S.N., reading a '*]\Iemoir of Henry Bouquet. ' ' 3. We placed a bronze tablet of appropriate design in the State House, January 9, 1903, commemorating the 145th anniversary of the organization of the Associated Regiment of Foot of Philadelphia, the historical address being made by Frederick Prime, A.M., Ph.D., Lieutenant Governor of the Society. 6 Public Ledger, November 17, 1912, p, 8. I. "a .- C c t E c S y g <3 *i <: ^ ? ^ a S ^ c *: k^cx-kr X'^ Papers have been read before the Society as follows : 4. Dr. Persifor Frazer, November 27, 1903, "Some Wars in Science." 5. In 1904 George Cuthbert Gillespie, Esq., "Early Fire Protection, Fire Insurance Companies and the Use of Fire Marks." 6. December 9, 1905, Francis Howard Williams, Esq., "American Literature in the Colonial Period." 7. March 8, 1906, George Champlin Mason, Esq., "En- vironment the Basis of Colonial Architecture." 8. April 25, 1894, Francis Olcott Allen, Esq., "The Colo- nial Flag." 9. January 20, 1900, Brigadier General Louis H. Carpen- ter, "While yet the old-time chivalry in Knightly bosoms burned." 10. March 12, 1908, Edwin Swift Balch, Esq., "Art in America before the Revolution." 11. February 6, 1909, the Society erected at South En- trance of the City Hall, Philadelphia, two bronze tablets of artistic design, by our fellow member George Champlin Mason, Esq., in commemoration of the Dutch and Swedish Settlements upon the Delaware. In the evening at the ban- quet held at the Historical Society of Pennsylvania, presided over by Deputy Governor Dr. Frederick Prime, Henry Dar- rach, Esq., read a historical paper in the shape of a Report of the Committee on Monuments and Memorials, showing much study and research ' ' and that these tablets were erected 10 by the Society to remind the present and future generations that this country is indebted to Holland and Sweden for having enriched it by their blood, their principles and wealth." Addresses were made by Hon. Jonkheer J. Loudon, Minister of the Netherlands to the United States; Hon. H. L. F. de Lagercrantz, Minister of Sweden to the United States; Hon. M. Hampton Todd, Attorney General of the Commonwealth of Pennsjdvania ; Hon. John E. Reyburn, Mayor of the City of Philadelphia ; Martin G. Brumbaugh, Esq., Ph.D., and How- land Pell, Esq., Vice Governor General of the General Society of Colonial Wars. 12. :\Iarch 10, 1910, Charles Chauncey Binney, Esq., "The Suffrage and Elections in the Province of Pennsylvania." 13. February 20, 1911, S. Davis Page, Esq., "The Sailing of the 'Ark' and the 'Dove' from Cowesin the Isle of Wight." 14. March 9, 1911, Louis Barcroft Runk, Esq., "Fort Louisburg — Its Two Sieges and Site Today." 15. March 14, 1912, Charles Wetherill, Esq., "The Influ- ence of the Quakers on our Colonial Affairs." All these very valuable and interesting addresses have been published by the Society, in order to preserve them, and have not only served to inform us of colonial happenings, but are of great interest and value to students of history who have occasion to consult them. As a whole you are to be congratu- lated upon the good work done by the Society, but it is only a beginning, as Philadelphia is rich in places and events which should be appropriately marked by tablets, and of his- toric material worthy of preservation and study; so there remains much more to do. Philadelphia Colonial history is most interesting, unique, and unlike any other American city, by reason of its having been not only the chief city but the first Capitol of the American nation, and those historic monu- ments which still remain we hold in trust for the American nation for their education and enjoyment. *•" RY BOUQUET, 17iy- 1765 HENRY BOUQUET, ROYAL AMERICAN REGIMENT. PRESENTED BY OUR SOCIETY TO THE CITY OF PHILADELPHIA AND HUNG IN INDEPENDENCE HALL, MARCH, 1900. 11 Our ancestors struggled for power, place and position, and the emoluments thereunto belonging, and some were success- ful, and after it was secured called it either recognition or Divine Providence. A man has this advantage over a dog because he does not have to show his pedigree to obtain recog- nition. If they were unsuccessful they growled in private and wrote letters to Franklin's Pennsylvania Gazette, or The Aurora, upon such important subjects as "The proper method of building chimneys that will not smoke, asking why swine, hogs and pigs are permitted to go at large in the towns of Philadelphia, Chester and Bristol, demanding proper regula- tions for lighting and watching the streets by night and sup- porting at common charge a suitable number of pumps," or complaining the times were corrupt and out of joint and predicting the usual calamities, modestly signing themselves. Pro Bono Publico, Veritas, The Timid Subscriber or Brutus. It is a satisfaction to ascertain the origin of this old Phila- delphia custom. Macauley tells us "A people which takes no pride in the achievements of remote ancestors will never achieve anything to be remembered by remote descendants." The test today is not who were your ancestors or what they did — But who are you and what are you doing? If in the language of the day you are making good, very well, you are maintaining the family name creditably. If not, you are disgracing it, and with it your ancestors from whom you have inherited the name. Judge Hand, of the United States Circuit Court of the Southern District of New York, must have thought of this when in the case of Marie Cahill v. Harris, he made the fol- lowing order "Let a writ go pendente lite forbidding the defendant from publishing the chorus of his song 'I think I hear a woodpecker knocking on My Family Tree. ' ' '° 6 Marie Cahill v. Harris, 175 Fed. Eep., 875 and 877. 12 Those descended from real warriors may perhaps have Mrs. Kelly's views of ancestors: ' ' Have you any ancestors, Mrs. Kelly ? ' ' asked Mrs. 'Brien. "Phat's ancistors?" "Why, people you sprung from." "Listen to me, Mrs. O'Brien," said Mrs. Kelley, impress- ively. "Oi come from the rale sthoek of Donahues that sphring from nobody. They sphring at thim. ' ' We come together socially for enjoyment and to revive the old times, and we find it both interesting and instructive. Not in any sense of self glorification or upon the pretense that our emigrant ancestors, the rude forefathers of the ham- let, whose merits I shall not seek to disclose, were demigods or men of genius with an exceptional endowment of brains and more important and better in any respect than others in the Colonies, but simply that they did their duty to their country and their king, and that we desire to collect and pre- serve such manuscripts, rolls, relics and records as show it, especially as it is now of historic interest. You may recall in his "Dutch and Quaker Colonies," p. 308, the historian Fiske states, "In the minds of many people democracy rests on the colossal untruth that one man is as good as another," and adds, "The only sense in which this can be true is the Irishman 's. ' Why Patrick isn 't one man as good as another ? Faith he is, your Honor, and a damn sight better.' " My friend, the late Judge Henry J. McCarthy of the Su- perior Court of Pennsylvania, noted for his learning and wit, had this to say : "In these days when so many of our friends are making keen and thirsty examinations of colonial records and other forgotten lore, in support of ancestral claims, a feeling steals o'er me at times that I am a sort of nullius fillius, and while dear old Douglass Jerrold comforts me by stating that so many people are 'now the children of mere >qS!i•IN•COM^fEl •THE-SWEDFSW SETTLEMENTS ON^THEDELAmRE 1638-1655 ■■a -is^tk U- .1 FwrT ofcT sm ^i iP-^iif- iiSb I Nil MliMligMMm 13 nobodies that all the prejudices on this point against inno- cent parties are become quite obsolete as they ought to be,' yet I sometimes wish that I were a genuine antique, and that I could dream that I dwelt in marble halls where I was the hope and the pride. To be frank with you, however, my ancestors since the great battle of Clontarf participated in so many revolutions, that it would be invidious in me to attach myself to any of these modern organizations."^ As to qualifications for membership in hereditary societies, I recall our genial Lieutenant Governor S. Davis Page, Esq., solemnly saying to me on one occasion, however with a twinkle in his eye, ''Barratt, a man must have a clean shirt and an ancestor before his claim can be considered." And some of our ancestors may have possessed characters and attainments similar to those which brought forth the suggestion from Junius in his letter to the Duke of Grafton: "I do not give you to posterity as a pattern to imitate but as an example to deter." With some diffidence I also refer you to the Epistle of Paul to Titus, Chapter 3, 9th verse, of the Holy Bible. He admonished Titus, the first Bishop of the Church of the Cretians, from Nicopalis of Macedonia: "But avoid foolish questions, and genealogies, and contentions, and strivings about the law ; for they are unprofitable and vain. ' ' I think I ought to confess that my own membership in this Society of War is by right of descent from a peaceful Quaker, one John Curtis, a relative of the Rodneys of Delaware, who emigrated from Bristol, England, prior to February 22, 1681-2,^ settling in Kent County, Delaware, and who was a member of the first Pennsylvania Assembly held by William Perm, at Philadelphia, from Kent County in 1682-3 and 1684-5, 7 "Year Book Sons of Delaware," 1897, p. 41. Clontarf, a small eastern suburb of Dublin, Ireland. Here April 23, 1014, Brian Boru, King of Ireland, defeated the Danes and the rebels of Leinster. 8 Warrant to John Curtis 1200 acres, Milfordneck, 2, 22, 1681, War- rant Book, p. 40, Dover Delaware. 14 and a member of the Provincial Council, otherwise called Governor's Penn's Council, 1689-90, 1691-7 until his death April 30, 1698, and is based upon these civil positions of high trust and responsibility held by him." He did not believe in war even to the extent of surj?epti- tiously subscribing money for it or to purchase "bread, beef, pork, flour, wheat and other grain i. e. powder, bullets or muskets for the militia, or the King's use," the favorite means adopted by some Friends to evade the rules and discipline of their society, so I cannot claim a war record for him.^" Alfred G. Clay, Esq., of the Philadelphia Bar, and myself share the responsibility of being his descendants, with becom- ing modesty, as well as seeing that his well-merited reputation is maintained. I might add I had other great-great-great- grandfathers who were Irish, Scotch, French, English, Ger- man and Swedish, who may have been warriors in colonial times, although I have never searched to find out. I think you are entitled to this explanation because you may think some of my opinions do not savor of the peaceful Friend but of war, and that if they had been expressed in meeting my expulsion would have been assured if I had found myself a birthright member, instead of having lost it in colonial times by the indiscretions of my later Quaker ancestors who were expelled or disowned because "they were married out of meeting and by a hireling priest," which was the quaint language of those early days among orthodox Friends for a clergyman of the Church of England. oDuke of York's Laws, 485, 495, 509, 523, 531. Penna. Archives, 2(1 series, Vol. IX, pp. 659-623. General Register Society of Colonial Wars, John Curtis, p. 87. General Register Society of Colonial Wars, Maryland, John Curtis, p. 10 and 12, For Barratt Genealogy see Vol. Ill, Colonial Families of the U. S. by George Norbury MacKenzie, Lieut. Governor of Md. Soc. Colonial Wars (1912), p. 30. 10 "Pennsylvania, Colony and Commonwealth," S. G. Fisher, pp. 88, 94, 95, 164, 167, 170, 194. 15 The Charter gave the Governor of Pennsylvania power to muster and train men and to make war upon and pursue an enemy even beyond the limits of the province. Pennsylvania tried to organize a militia in 1694, but the Assembly defeated a bill with that end in view on second reading. Governor Andrew Hamilton, however, granted a commission to raise a militia in 1701, and a company of which Attorney General George Lowther was Captain was raised in Philadelphia. In 1704 there were three companies in Philadelphia, three in Newcastle, two in Kent and one in Sussex, but their only military exploit, besides parades and drills, was to fire a salute over the grave of Lieutenant Governor William ]\Iark- ham. In 1708, during "Queen Anne's War," Pennsylvania was asked to furnish 150 men and the necessary officers to assist in the defense of the colonies from the attacks of the French and Indians. Governor Gookin asked the Assembly for a grant of £4,000, but was told by the House "that they could not in conscience provide money to hire men to kill each other." Two years later £2,000 was voted. King George's War found Philadelphia as defenseless as in the time of Queen Anne. While there was no law authorizing it. Governor Thomas raised 400 men in 1740, which was Penn- sylvania's quota, and succeeded in enlisting seven companies in the space of three months. It was not until 1747, when advocated by Benjamin Franklin, that a military associa- tion was formed by twelve hundred men called the "asso- ciated companies," to which we erected a tablet in Independ- ence Hall.^^ In a year this volunteer organization in the Province was twelve thousand horse, foot and artillery. In ""History of Philadelphia," John Eussell Young, Vol. II, 1898, p. 139. "Pennsylvania, Colonial and Federal," Jenkins, Vol. I, pp. 335, 351. "Pennsylvania, Province and State," BoUes, Vol. I, p. 313. "Pennsylvania, Colony and Commonwealth," S. G. Fisher, pp. 43, 69, 93, 169, 171, 174, 195, 241, 315, 331. 16 1756 in the City of Philadelphia there were three of these companies with a total of seventeen officers and two hundred and sixty privates; one troop of horse with five officers and forty men, and one battery of artillery with three officers and one hundred and fifty men. In 1745, the King's troops encamped "out of town" north of Pegg's marsh, in the District of Northern Liberties. This and the subsequent construction in 1753 of the Barracks gave rise to the name of "Campington"; afterwards by common use, altered to ''Camptown." These barracks extended from the present Second to Third, and from Tammany to Green Street, occupying a whole square of ground. It was built up upon three sides; the officer's quarters being a large building in the center of the front on Third Street which was used as late as 1853 as the Commissioner's Hall. The rear end was open and fenced in, and Second Street, was there first desig- nated by a causeway of timber, stone and earth, extending from the southern bank of Pegg's marsh passing northward by the rear end of the Barrack lot to the present Green Street. These barracks were constructed just after Braddock's defeat for the express purpose of accommodating the troops "at a distance from the city, and the built parts." England during the Colonial period had the following rulers : Charles II from May 29, 1660, for 37 years. James II from February 6, 1685, for 4 years. William and Mary from February 13, 1689, for 14 years. Anne from March 8, 1702, for 13 years. George I from August 1, 1714, for 13 years. George II from June 11, 1727, for 34 years. George III from October 25, 1760, for 60 years. So the colonies in America existed for over one hundred I J CONTINENTAL OR GRAND UNION FLAG 17 and thirty years under English rule, and the part taken in the Colonial Wars by your ancestors was as Englishmen fighting as loyal subjects of the King. It is not too much to say that "Great Britain produced a race of heroes, who in moments of danger and terror have stood firm as the rocks of their native shore, and when half the world has been arrayed against them, they have fought the battles of their country with unshaken fortitude."^' This status remained until the Declaration of Independence July 4, 1776, which ended the colonial periodr' The war be- tween Great Britain and the Colonies was a civil war, until the Declaration of Independence, when it became a public war between independent governments." We were then thir- teen separate and independent colonies, i. e., each a union of citizens v;ho had left their country to people another and remain subject to the mother country, bringing with them as their birthright the laws of England,^* and did not constitute one nation until after the Revolution and the adoption of the Constitution of the United States. The United States of America, in its political or govern- mental sense, is the republic or federal state, whose organic law is the constitution adopted by the people of the thirteen states, which declared their independence of Great Britain July 4th, 1776.^^ The people of the United States established a national government with sovereign powers legislative, executive and judicial.^" The powers of sovereignty are divided between the federal and state governments under the complex federal system. They are each sovereign with re- 12 " Historical Record, 17 Regiment of Foot, Cannon," London, 1848, p. 6. 13 Ware v. Hilton, 3 Dallas U. S., 199-224. Legal Tender eases, 12 Wall (U. S.), 555. 1* United States v. The Nancy, 3 Wash. Cir. Ct., 1814, 287. Blankard V. Galdy, 2 Salk, 411. 15 Anderson's Law Dictionary. 1" McOullough V. Maryland, 4 Wheat. (U. S.), 316. . ^ 3L kc^JicKl" '•!<''/'' ''i/j^T^Z^^ ■Ldi, 18 speet to the rights committed to it, and neither sovereign, with respect to the rights committed to the other." The union formed between the original states and between them and those thereafter admitted is indissoluble. All the pro- visions of the constitution look to an indestructible union of indestructible states.^^ "That the United States form, for many and most important purposes, a single nation has not yet been denied. In war we are one people. In making peace we are one people. In all commercial relations we are one and the same people. In many other respects the American people are one ; and the government which is alone capable of controlling and managing their interests in all these respects is the government of the Union. It is their government and in that character they have no other. "^® But from the moment of their association the United States necessarily became a body corporate, for there was no superior from IT Judges Opinion to Governor, 14 Gray (Mass.), 614-616. 18 See "United States," F. N. Judson, 39 Cyc, 693. 18 Cohens v. Virginia, 6 Wheat. (U. S.), 413. Chae Chan Ping v. United States, 130 U. S., 604. Lane Co. v. Oregon, 7 Wall (U. S.), 71. • ^ FIRST NATIONAL FLAG OF THE UNITED STATES 19 whom that character could otherwise be derived.'" Even then, while we were one people, one nation, one power as to foreign nations as between ourselves each State retained all powers not delegated to the United States, and we may say our motto ' ' E Pluribus Unum ' ' states the method and extent of our union, although to foreigners we are a unit and present an undivided sovereignty.^^ Yet as between ourselves our central government is ''one composed of many" states and we recognize only the people as the fountain of all sovereignty, by whom and for whom all government exists and acts.^- War is an armed contest to maintain the rights of a nation or to bring about a settlement of its disputes with other nations, and when war exists between two nations, every indi- vidual of the one is at war with every individual of the other ; although modern international law has attempted with some success to confine the contest to the armies of the contesting powers and relieve non-combatants from loss and suffering as much as possible. Life is a battle from the cradle to the grave, unless one is a diplomatist and always successful in avoiding issues. Edu- cation means simply arms and equipment for the contest. If we are unable to use this equipment to advantage we are not educated, because if we do not know how to fight the battle of life we have not profited by our training and education and it has been a failure so far as we are concerned. That war has its uses and blessings cannot be denied. No less an authority than Bishop Joseph F. Berry, of the Methodist Episcopal Church of Pennsylvania, conceded it when he stated : soRepublica v. Sweers, 1 Dallas U. S., 41 (1779), McKean, C, J. Dickson v. U. S., 1 Brock, 177. U. S. v. Maurice, 2 Brock, 96. 21 Fong Yui Ting v. V. S., 149 U. S. Rep., 711. Chinese Exclusion Cases, 130 U, S. Rep., 531. 22 Fong Yui Ting v. U. S., 149 U. S. Rep., 698. Texas v. White, 7 Wall., 700. 20 "I am not one of those who deplore wars and rumors of wars. Every student of history knows that the great wars of the world have advanced mankind toward justice and righteousness. "War has been the means of obliterating wrongs that have endured for centuries. "Jesus said that He came into the world not to bring peace but a sword.-^ Look back at the wars of the past fifty years, and you will see that out of their strife and carnage, suffering and sorrow, God has advanced the cause of justice and brought the era of eternal peace nearer. So I say, that if it please God to use war for the upbuilding of nations which will carry out His plans for mankind, it is not for us to question His wisdom. ''I sometimes think the adherents of peace lose sight of the fact that there is a sublime philosophy in international disa- greements and international strife; because out of the great wars God, in His infinite wisdom, has brought a benediction to the people. ' ' Major General George Kandolph Snowden, National Guard of Pennsylvania, has so well vindicated "The Christian's Eight to Bear Arms" in his able address lately published, that I shall content myself with merely referring to it and advising you to read it. In this era of progress and enlightenment wars after all do comparatively small damage-* when we consider that 23 St. Matthew, 10 Chapter 34. 24 In the Revolution the Colonial troops numbered 294,791 (Sic). In the War of 1812, 576,622 Americans were engaged (Sic) and 1,877 were killed in battle and 3,739 were wounded. In the Mexican War (1846) United States troops numbered 112,230, Of these 1,049 were killed in battle, 904 died of wounds and 3,420 were wounded. In the Civil War (1861-1865) the Union Troops were 2,859,000. Of these 61,362 were killed outright, 34,627 died of wounds and 183,287 died of disease. Speech of President William McKinley, May 30, 1894, Vol. XII, "Historical Characters and Famous Events," p. 192, Spofford (1900). 1 Z^/^T^tyr- n^^-£^/cinn ^'/^!K^;^^^/i^y/^ cy^/?y^:^ ^i^- r^^n^y^^ ry^ 21 35,000 people are killed annually in the United States by- various industries, 500,000 maimed and wounded and 2,000,000 cases of industrial illness and an incalculable accompaniment of privation. That since the introduction of the automobile the total record is about 3,500 killed. That the railroads in the past few years from 1897 have killed over 110,000 persons and injured many more. The report of the Interstate Com- merce Commission of December 16, 1912, shows the total casualties for year ending June, 1912, was 180,123, of which 10,585 were persons killed and 169,538 injured, an increase over previous year of 189 killed and 19,379 injured. Sum- marized it means in the United States we kill annually (1) By industry 35,000 (2) By automobiles 980 (3) By railroads 10,585 A total of 46,565 By these peaceful means we kill more people annually with the best intentions and wdthout any particular thought than were killed in the battle of Gettysburg or in the Russo- Japanese War. These figures are appalling, and a great deal of this loss of life is useless, avoidable and preventable — our problem is to study it and find means to stop it.-^ We know that the courts have held that it is legal to kill an alien enemy in the heat and exercise of war, but that it is murder if he has laid down his arms.^*' That interest on a debt due an alien is suspended during war-' and that aliens domiciled here can be punished for treason,-^ and we all agree that they are proper and reasonable regulations. 25 There were 170 deaths in Philadelphia from 1906 to 1912 by- reason of automobile accidents, viz: 1906, 12; 1907, 7; 1908, 11; 1909, 33; 1910, 24; 1911 35; 1912, 48. 26 State V. Gut, 13 Minn., 341. 27Hoare v. Allen, 2 Dallas Eeports, 102 (1789). 28 Commonwealth v. O'Donnell, 12 Pa. Co. Ct. Eep., 97 (1892). The Homestead Case, 1 Penna. Dist. Eep., 785 (1892). 22 We think of Marathon 2,402 years ago, and seventy-seven years later of the defeat of the Athenians at Syracuse, of the battle of Arbela, and Metauras, the victory of Arminius over the Roman Legions under Varas nine years after the birth of Christ, the battles of Chalons 451, Tours 732, Hastings 1066, Joan of Arc 's victory over the English at Orleans 1429, the defeat of the Spanish Armada 1588, the battles of Blen- heim 1704, and Pultowa 1709, our victory over Burgoyne at Saratoga 1777, the battles of Valmy 1792, Waterloo 1815, Gettysburg 1863, Sedan 1870, Manila and Santiago 1898, and we have the most important battles not inaptly termed by Creasy as the decisive battles of the world. These wars changed the fate of nations and the Athenians justified war by saying "it was the eternal law of nature that the weak should be coerced by the strong. ' ' In this brief address I cannot do more than outline the sub- ject. I feel tonight I am merely a signboard on the great highway of war knowledge, without special qualification as an expert, pointing the way the student should take, who desires to understand the subject. I recommend you to consult the scholarly lectures of my brother Sulzberger on ' ' The Polity of the Ancient Hebrews" and you will be enlightened, and espe- cially interested to learn in Palestine originally ' ' The Hebrews came as an army. Their purpose was to wrest a country from its possessors, a task that could only be accomplished by war." As these lectures deal with the classical books of the Bible it will be easy for you to follow them as the texts are given.29 Then look at the "Viking Age" by Paul B. Du- Chaillu, and you there have the early history, manners and customs of the English-speaking nations and in Vol. II read 29 Lectures by Honorable Mayer Sulzberger, President Judge Court of Common Pleas No. 2, Philadelphia, read before the Dropsie College for Hebrew and Cognate Learning in March, 1912, page 5. i WILLIAM PENN. BY SIR GODFREY KNELLER. 23 chapters VII, IX, XI, XII, on war customs, war ships, naval warfare and sea battles of the Vikings and you will con- clude: "Everything lives, flourishes and decays; everything dies, but nothing is lost: for the great principle of life only changes its form and the destruction of one generation is the vivication of the next."^** The fortunes of war vary. The boy inquired of his father what they were. His father replied not entirely inaccurately : "Well, the fortunes of war in modern times are those vast sums made by non-combatants, financiers, contractors and sutlers, which enables their descendants to live in idleness and luxury and pretend they are superior to every one else. Now study your history and do not bother me further. ' ' The Belt of Wampum given to William Penn by the Lenni Lenape Sachem at the Elm Tree Treaty, at Shackamaxon, Philadelphia, in 1682. Our own special colony, the Province of Pennsylvania, the Holy Experiment, was founded by the illustrious William Penn. He came in the ship "Welcome," that left Deal, August 30, 1682, and which anchored at New Castle nine weeks after leaving England. As a Quaker he was a man of peace, hence our motto — Philadelphia Maneto : Let Brotherly Love Continue.^^ He abhorred war, although, strange and 30' Form L9 — 15m-10,'48 (BlOay ) 444 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 793 482