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AN ADDRESS

BY

HON. JAMES E. SHEPHERD

ON THE

Life and Character of the Late

Judge David Schenck

Delivered at Guilford Battle Ground on the Occasioa
of the Unveiling of a Monument to His
Memory— July 4, 1904

Published by
Thb Gdilford Battle Ground Co.
Greeuesboro, N. C.

CU').

3ST!)

AN ADDRESS

BY

HON. JAMES E. SHEPHERD

ON THE

Life and Character of the Late

Judge David Schenck

Delivered at Guilford Battle Ground on the Occasion
of the Unveiling of a Monument to His
Memory— July 4, 1904

Published by
The Guilford Battle Ground Co.
Greenesboro, N. C.

THE ADDRESS

Mr, President, and Ladies and Gentlemen —
From the busy haunts of men, from the din and bustle of
the world, with all its restless activities and selfish strivings,
where the highest and lowest aspirations "chase each other
even as the sunshine and the shadow"; from out of. the weary
scenes of conflicting interests and classes, and often unholy
warfare upon each other, we come to this quiet, hallowed spot
with hearts full of reverence, to commemorate the deeds of
those who fought and who died here to maintain that sublime
declaration of human rights upon which this great Republic
was founded. We come to renew our allegiance to those great
principles, sealed with the blood of heroes, and to seek new
inspiration to preserve in all its pristine purity and glory the
priceless legacy they have bequeathed us.
To those who stood here on this and other battlefields this
would have seemed an easy thing to do. Their hearts were
glowing with the fires of patriotism. They were standing,
shoulder to shoulder, battling against the most powerful nation
on earth, for the noblest cause that man can strive for. Theirs
was a singleness of purpose, bom only of a common cause and
a common danger. All other considerations and interests
sank into insignificance before the majestic shrine of Freedom,
to which they had dedicated their lives, their fortunes, and
their sacred honor. "Then none -was for a party;
Then all -were for the State:
Then the great man helped the poor,
And the poor man loved the great."
It is in such crucial hours as these that men become exalted
and seem "to overleap the destinies of their mortal state and
claim a kindred" with higher beings. It is in the cause of
freedom and the defense of home and fireside that war, with
all its horrors, is glorified by the sense of sacred duty^
"The sword!— a name of dread! yet -when
Upon the freeman's thigh 'tis bound —
While for his altar and his hearth.
While for the land that gave him birth.
The -war-drums roll, the trumpets sound —
Ho-wr sacred is it then!
Whenever for the truth and right
It flashes in the van of fight —

whether in some -wild mountain pass,
As that where fell Leouidasr
Or on some sterile plain and stern —
A Marston or a Bannockburn:
Or mid fierce crags aud bursting rills —
The Switzer's Alps, gray Tyrol's hills:
Or, as -when sunk the Armada's pride,
It gleams above the stormy tide: —
Still, still, whene'er the battle's word
Is Liberty — ^when men do stand
For Justice and their native land —
Then Heaven bless the sword!"
Inspired by the loftiest sentiments that can animate the
hearts of men, conscious of their unselfishness and devotion,
risking all and daring all, these soldiers of the Revolution could
not have conceived that the holy fires of patriotism could ever
grow dim, and that the great principles for which they gave
their blood and treasure could ever be endangered by the baser
passions of the people. It is true that even they, soon after the
achievement of liberty, met with great difficulties in so regu
lating its exercise as to prevent it from degenerating into
license and anarchy, and in ehrystalizing it into a government
under which freedom in the highest sense might be preserved
and enjoyed. But these difficulties did not long stand in the
way. The same unselfish spirit that had united them in the
dark and bloody days of war, was now to show itself by mutual
concessions and sacrifices; and out of these there came this
great American Republic and its wonderful Constitution. If
this same spirit eould now prevail, there could be no just
apprehension as to the endurance of this, the greatest experi
ment in the world's history of republican government.
But alas! This ideal government "of the people, by the
people, and for the people", has often been tried and as often
failed. It was the dream of Athens, and like a dream it
vanished. It was for years a glorious realization in Rome, but
the greed and corruption of accumulated wealth and the
demoralization incident to extended conquests undermined the
great principles upon which it was founded, and it fell help
lessly into the arms of imperialism. Today, with the exception
perhaps of Switzerland, there is no republican government
worthy of the name throughout the whole of enlightened
Europe. After the fearful experience of the French Revolu
tion, Europe seems to have concluded that the people are inca
pable of self-government under the form of a republic. How
startling this may sound to an American citizen, the inheritor
of the great work of our Revolutionary fathers! Yes, it

seems to have been the fate of all republics that as they grew in
population and wealth and territory, these very elements of
progress and greatness have borne within them the germs of
destruction. Standing here then today, my friends, on this sacred ground,
and celebrating with joyous hearts the anniversary of this
great natal day of Independence, should we not deeply con
sider these lessons of the past ? Should we not resolve to devote
the best efforts of our minds and hearts to reverse what seems
to be the verdict of history 1 Should we not swear by the God
of our Fathers that this great Republic shall not pass away, but
shall continue for all time to vindicate to all the world the
right and the capacity of the people to govern? We have
many difficulties to encounter, many grave problems to solve.
The immense increase of population, the infusion of a large,
ignorant, and untrained foreign element, the remarkable devel
opment of our resources, the tremendous activity of commer
cial and industrial agencies, their conflicting character and
interests, the old and apparently never-ending strife between
combined capital and labor, the greed and aggression of organ
ized wealth, provoking at times violent resistance to law and
weakening confidence in all law and government, the acquisi
tion of foreign territory, necessitating, for a while, at least,
government contrary to the genius of the home government,
the centralizing tendencies of the Federal Government, and,
last but not least, the never silent voice of the demagog. These
and many others, involving profound political and economic
questions, are sufficient to excite our solicitude and demand the
exercise of our highest and most unselfish consideration.
Let it never be said that a country which has produced a
Washington, a Lee, a Jefferson, and a Madison, and all its
brilliant galaxy of soldiers and statesmen — soldiers, who,
whether they wore the gray or the blue, or the plain homespun
of the Revolution, have won their title to immortal renown by
their matchless courage — statesmen who, as Mr. Gladstone
said, produced a constitution "which is the most wonderful
work ever struck off at a given time by the brain and purpose
of man" — a country which is among the foremost in its inven
tions, and its arts, and its sciences; a country whose flag is
respected by all the nations of the earth, and under whose
ample folds the oppressed and down-trodden of all lands seek
protection. Let it never be said, I repeat, that such a country
is to furnish the last and convincing proof of the incapacity of
the people for self-government.

True there is much to discourage us, but there is also much
in our favor : and by the blessings of God we shall win ! We
occupy geographically an isolated position, and I trust that a
sentiment will be created that will put an end to the acqui
sition of any more territory. Conquest of territory, with the
necessity of governing it by unrepublican forms and principles
was, says Mr. Froude, one of the chief causes of the fall of the
great Roman Republic. I believe that the people will realize
the dangerous rocks upon which we are drifting, and that this
great menace to republican institutions will not long be con
tinued or repeated. We must avail ourselves of our isolated
position by following as far as possible the parting advice of
Washington, to avoid entangling alliances. We have more
than enough to engage our attention at home. We are blessed
with a great heritage, the habitable area of the United States
being about 2,500,000 square miles, with a capacity, it is said,
of supporting comfortably 400,000,000 inhabitants. At the
present ratio of increase, our population would approximate
300,000,000 or more in the year 2,000. Even if this were the
natural increase of the existing population, it would present a
serious problem for the future. But such is not the case. A very
large part of this increase is due to foreign immigration, and so
lax are the immigration and naturalization laws and their
administration, that a most dangerous element is being rapidly
introduced into our social and political systems. We have the
power to prevent this practically indiscriminate immigration
and naturalization, and that this power will be rigidly exer
cised constitutes one of the strongest hopes of the Republic.
We have much to hope for in a written constitution, which,
if properly interpreted by the Supreme Court, will preserve
the autonomy of the States: and in the preservation of this
autonomy, in spirit as well as in form, lies the great barrier
against the centralization of the government and its consequent
destruction. Again : the nature of our land laws is such that
great freedom and facility is afforded in its transfer, and its
quantity and cheapness enables almost every industrious citi
zen to acquire a home. Every title deed, it is said, is a security
for the public peace. It is one of the strongest ties that bind
a citizen to his government, and a potent infiuence against
agrarianism. The restriction of corporate ownership of lands
to their legal limits is also an all-important feature of our laws.
It is in the power of the people to see that this is not evaded,
and also to provide further laws against monopolies, trusts,
and other means of aggression on the part of combined wealth.
I 6

Another feature in our government is a free but unlicensed
press. This is truly the life-blood of all free government, and
without it they must perish. It is true that it often follows
where it should instruct and lead, but even with this imperfec
tion its freedom is the palladium of Republican government.
Among other things, and not the least, which gives us hope,
is the history and character of the people who constitute the
dominating political force in our country. We are endued
with those principles of liberty dear to the heart of every
Anglo-Saxon, but which were denied us by a hostile ministry
tmder George the Third. These principles were the growth of
centuries. The downfall of the Saxon nobility at the battle
of Hastings elevated the middle classes, of which they became
a part, and this middle class, representing the democratic ele
ment, was courted by the other two classes represented by the
King and the Nobility. So that these three political elements
were developed pari passu, each tempering the other, and thus
producing that splendid conservatism for which the English-
speaking people are noted.
While we are thus disciplined in the school of conservatism,
there nevertheless exists among our people a bold, hardy, inde
pendent spirit, which in the end, if necessary, will rise in its
might and majesty, and resist all aggressions of one class or
interest against another. The knowledge of the existence of
this spirit, this sleeping giant with its vast physical power,
serves as a warning against too great an excess of class greed
and selfishness. It plainly says that there is a point to which
you may go and no further. This, we hope, will be sufficient
to repress such evils. Even if the laws should be evaded or
corruptly administered and the people at last driven to force,
it will not be the blind fury of the undisciplined French Revo
lution, resulting in anarchy and despotism, but it will be a
force conservatively directed to restore and purely administer
the government of their adoption. We have very, very much
to hope for in this great characteristic of our people. We
have many other things to bid us hope, such as the educa
tion of the people in the fundamental principles of gov
ernment, so that they may appreciate the dignity and
responsibility of republican citizenship. There must of course
be moral education also, for it is upon the great moral
principles of equality and justice that true republics are
founded. Above all, there must be cherished with increasing
devotion the memory of the men and the events which made
this free government possible. The scenes of their heroic

struggle must be rescued from oblivion, and their courage
vindicated against the aspersions of ignorance or malice. Here
and there, dotted all along the Atlantic slope, are monuments
erected to their memory. They are so many Meceas of liberty
towards which thousands of pilgrims turn their faces on every
recurrence of this illustrious day. He, who in the midst of the
busy pursuits of life, devotes his best energies to this great
work, who has been directly instrumental in restoring one of
these battlefields, and who has successfully vindicated the
conduct of those who fought there, is not only an educator in
the highest sense, but a grand patriot whose memory a grateful
people will not -willingly let die. It is in honor of such an one
that this beautiful monument is unveiled today.
Descended from Swiss ancestors, who were exiled because of
their undaunted adherence to the principles of religious free
dom, David Schenck was bom in Lincolnton, North Carolina,
on March 24, 1835. Judge Schenck was educated at the High
School of Silas C. Lindsay, an eminent scholar, studied law
with Honorable Haywood C. Guion, and graduated at the Law
School of Chief Justice Pearson. H6 began the practice of the
law in 1857, and his promising abilities were almost imme
diately recognized by the County of Gaston, where he had
settled, which made him its solicitor in the following year. On
the 25th of August, 1859, he was married to Sallie Wilfong
Ramseur, a sister of the distinguished Major-General Stephen
D. Ramseur, who was mortally wounded while gallantly lead
ing his men in the battle of Cedar Run, Virginia. She is still
living, lending the influence of her sweet, gentle. Christian
character to all about her. Returning to Lincoln County in
1860, he was made its solicitor, and in 1861 was elected to the
State Convention to fill the vacancy occasioned by the election
of Honorable Wm. Landor to Congress. This, considering his
years (he was the youngest member of that body), was a great
honor, and indicates the high esteem in which he was held by
the people of his native county. So distinguished were his
abilities that in 1874 he was nominated and elected Superior
Court Judge of the Ninth Judicial District. In 1875, the Con
stitution was amended so as to require the Judges to "rotate",
and in this way the whole State became familiar with his high
judicial qualities. He was universally regarded as a man of
massive intellect and rare judicial attainments. The demands
of a large family compelled him to resign, and in 1881, he
became General Counsel of the Richmond and Danville Rail.

road system. While in this position, he was tendered tne
appointment of Associate Justice of the Supreme Court of this
State, which he also declined. These honors, together with the
degree of LL.D. conferred by the State University in 1878, and
honorary membership in various historical societies throughout
the Union, were most richly deserved.
As a lawyer, I will say it is to be regretted that our judicial
reports are not enriched by his learning and remarkable powers
of clear exposition and vigorous, logical reasoning.
He removed to Greensboro in 1882, where he continued to
reside until the end of his useful life. Although as General
Counsel of a great railway system, and there were imposed
upon him the most weighty responsibilities, he neither forgot
or neglected his duties as a citizen, and a citizen of old North
Carolina. In his new home he became a leader in all that
tended to its moral elevation and material progress. He con
sented to serve as a town commissioner, and it is said that his
untiring zeal and good judgment laid the foundation of the
splendid school system of the now rising City of Greensboro,
and its many improvements. Upon the conclusion of his ser
vice as commissioner, the leading paper in the city, voicing the
sentiments of its people, paid him the following tribute :
"The beautiful city of Greensboro of today — ^the paved streets and
sidewalks, the fine public schools, the superb fire department, the
beautiful cemetery, the water works and electric lights, and the grand
progressive spirit and public energy of our citizens, are as much the
fruit of the mental and physical labors of Judge Schenck and the
result of his tireless energy and force of character as are all the evi
dences of industry and devotion shown by the restoration of the Guil
ford Battleground. Before these things came under his controlling
influence we had a town noted for inertness and lack of public improve
ments, and Guilford Battleground and its illustrious dead had about
passed out of tradition and local recollection. The unselfishness
and public pride thus exhibited are so rarely seen, that our people
should be reminded of them, if for no other reason than to attempt to
arouse the spirit of emulation."
What a proud summary is this of the modest and unselfish
labors of one great public-spirited citizen ! His public spirit
was not confined to the limits of his adopted home. It was as
broad as the State itself, and was devoted also to the vindica
tion of North Carolina and her soldiers in the Revolutionary
War. His book, "North Carolina— 1780- '81", is the result of
long, patient, self-sacrificing labor and research. "The neg
lected, though admitted war-time glory of North Carolina in
her achievements atCowpens and King's Mountain, is luminous
from the touch of his pen. Guilford is transferred from an
obscure disgrace to its rightful rank as a splendid victory in
9

result", the conduct of the militia vindicated, and the claim
established that North Carolina riflemen from Wilkes, Surry,
Stokes, Forsyth, and Guilford, "were the very last soldiers to
leave this field of battle ' '.
Henry Cabot Lodge in his "Life of Washington", says: "It
was a sharp and bloody fight; the British had the advantage,
and Greene abandoned the field, bringing off his army in good
order. Cornwallis, on his part, had suffered so heavily, how
ever, that his victory turned to ashes. On the 18th he was in
full retreat, with Greene in hot pursuit. ' ' The author speaks
of this battle with the movements that followed it, as altering
"the whole aspect of the war"; and such seems now to be
generally conceded. Is it too much to say that but for the
labors of Judge Schenck, this battle would have been consid
ered by many a reproach, instead of a pride to North Carolina ?
A man who, by untiring labor and imselfish devotion has
reversed such an erroneous but common verdict, so deeply
affecting the honor of his State, in what is regarded as the
great pivotal event in one of the greatest of the world's strug
gles for independence, is a patriot deserving not only this
monument, but a lofty and enduring place in the history of
North Carolina. He has dispelled the cloud that has so long
hovered over her, and another jewel is glittering upon her
already richly-decorated brow.
But the work of Judge Schenck did not stop here. When he
came to Greensboro, it is said that out of a population of
three thousand people he could not find a half-dozen persons
who could point out to him the scene of the battle. A greater
part of the land was ' ' a tangled wilderness of briars, old field
pines, broom sedge, and every species of wild growth which
comes up on old worn-out fields", the remaining part being
neglected forest. The ancient roads leading through the battle
field had been abandoned, and there was nothing to mark the
scene of the memorable conflict. On one of his frequent visits
here (the distance from Greensboro being only four or five
miles), Judge Schenck conceived the idea of purchasing the
battlefield, and before returning home bargained for 30 acres of
it from one Emsly Sikes, at $10 per acre. Afterwards he pur
chased twenty acres more of the Dennis heirs, at twenty dollars
an acre. Considering the character of the land and the enor
mous price, "No consideration" says his report "was extended
to the sentiment which underlaid the object of the purchase".
Other land was afterwards acquired, and the ' ' Guilford Battle
Ground Company" now has the title to it all. The charter of
10

this Company was obtained in 1887, and it was organized on
the 6th day of May, 1887, by J. W. Scott, David Schenck,
Julius A. Gray, D. W. C. Benbow, and Thomas B. Keogh,
Judge Schenck being elected president, Mr. Scott treasurer,
and Mr. Keogh secretary. These patriotic incorporators
deserve the gratitude of the State for the substantial aid and
enthusiastic encouragement they gave the president in the
prosecution of his noble work. Shares of stock were issued,
and subscribed for by the citizens of Greensboro and of other
parts of the State, and soon enough money was raised to pay
for the land and leave a moderate surplus in the treasury.
This was used for the purpose of clearing the land of brush
and old pines, filling up gullies, and other work, until the field
was developed in a very similar condition to what it was in
1781. There has been but small aid from the State, and this
remarkable development we witness today is largely due to the
contributions of patriotic citizens.
In November of that year (1887), so indefatigable had been
the efforts of the president, that the Company passed a resolu
tion of thanks for the "zeal, diligence, and fidelity with which
he had discharged the trust committed to him and his untiring
efforts for the success of the patriotic enterprise in which we
are engaged".
The first celebration was on the 5th of May, 1888, and there
were fully fifteen thousand people present. The president
delivered an address on the battle of Guilford Court House,
and in vindication of the North Carolina militia. This after
wards formed a part of his famous book.
To show how much his great work, both as a writer and as a
restorer of the battlefield was appreciated, I will quote from the
response of the Governor of the State. It was that noble old
hero, whose memory all North Carolinians delight to honor
and cherish, Alfred M. Scales. Among other things, he said :
"The battleground itself has been neglected and left without
a monument to mark the spot, save its desolation. It has been
reserved for my distinguished friend, Judge Schenck, the
orator of the day, more distinguished than ever before, to
uncover the truth of history and tell the tale of this battle as it
was actually fought. He it was, that while a comparative
stranger to our people, though a native of North Carolina, con
ceived the idea of forming the Guilford Battle Ground Com
pany, to purchase and adorn the grounds. He it was who
raised the money that was necessary, contributing a large share
thereof himself, to investigate the truth of history, and he it is
11

that by patient and wide research and months of incessant
labor collected the evidence from friends and foes, at home and
abroad, which has enabled him to wipe out forever the stain
that rested upon our home militia. In the name of the descend
ants of these brave men, in the name of our great State, I thank
him for this great work."
In asking for a copy of the address for publication, he wrote :
"I heard today with profound satisfaction your noble and
complete vindication of North Carolina militia who fought at
the battle of Guilford. For years these brave volunteers have
rested under charges that dishonored them and were a source
of mortification to the people of the State. Today the stigma
is wiped out, and henceforth they will stand in history as men
who fought bravely and most efficiently for the cause of Ameri
can independence, and did not retire from the field until they
did so in accordance with the orders of General Greene him
self." At the time of this meeting but two monuments had been
erected, the first an unpretentious one donated by those public-
spirited gentlemen, Messrs. Galliard and Huske, quarrymen, of
Kemersville, Forsyth County. It marks the spot where Cap
tain Arthur Forbis fell, mortally wounded, and bears an
inscription in honor of this noble patriot. The other was pre
pared by the State under the direction of Governor Scales.
This pyramid of granite blocks beginning with a base of five
feet square and running up to the height of nine feet, is known
as the "Battle Monument", and on it is inscribed "Guilford
Battle Ground, Thursday, March the 15th, 1781. ' ' Since 1888
there have been regular annual celebrations.
In 1889 Governor Vance delivered the address and received
an ovation "never seen before". In 1891 Honorable Kemp P.
Battle, LL.D., delivered an address on the life and character of
General Jethro Sumner, one of the greatest North Carolina
soldiers of the Revolution, whose remains had been removed to
the battlefield at the expense of the State and a monument
erected over them. In the same year a monument was erected
over the remains of Captain Tate, which had been exhumed
near New Garden (where he fell in the early part of the battle),
and removed for re-interment in this consecrated ground. Two
years afterwards, the remains of Captain John Daves, of New
Bern, who belonged to the North Carolina Continental line,
and who was promoted for gallantry at Butaw Springs, were
removed here, and a tomb erected over them.
12

The generosity of William P. Clyde, and Leonidas Springs
had supplied handsome pavilions over the springs that now
bear their names. A museum had been erected, the repository
of many interesting relics of the battle. In 1892, the beautiful
Lake Wilfong was constructed, and the annual address deliv
ered by Associate Justice Clark of the Supreme Court, on the
Life and Service of the illustrious William R. Davie, a gallant
participant in the battle, and afterwards Governor of the State,
founder of the University, and Minister to France. In Octo
ber of the same year the handsome Maryland Monument, in
honor of the intrepid soldiers of that State (who with the men
of Delaware, "The Blue Hen's Chickens", won immortal
renown for their magnificent courage), was unveiled, the pre
sentation address being delivered by Professor Edward Gra
ham Daves, of Baltimore, which was responded to by Professor
E. A. Alderman. All of this had been done before the fourth
of July, 1893, the date of my last visit to these grounds. Many
monuments have been erected, celebrations had, and addresses
made since then, but the leading spirit of all this wonderful
restoration and creation, in failing health and with but little
hope of surviving another year, welcomed the celebration of
1893 as the crowning event of his life. With the noble assist
ance of those patriotic eo-incorporators, whose names I have
mentioned, and the support of the people to whom he had so
eloquently appealed, he felt that he had accomplished the great
work to which he had dedicated so many days of his life.
While the sun seemed to be setting for him, he could see its
rising splendor gilding with a new glory the history of North
Carolina and her soldiers in the great Revolution.
That generous and patriotic son of North Carolina, Ex-Gov
ernor Thomas M. Holt, has erected yonder beautiful and impos
ing monument, known now as ' ' The Holt Monument ' '. It was
in honor of the North Carolina Riflemen under Major Joseph
Winston, Major Jesse Franklin, and others, who were, as we
have said, the last to leave the field of battle. It was to make
good this claim and to receive this massive memorial that Judge
Schenck had prepared a most admirable address. Against the
advice of physicians and friends he arose from a bed of sick
ness and appeared here to perform this great and apparently
closing duty. It was "the most impressive, elaborate, and
wonderful celebration" he said, of all that had preceded it,
and "thousands and thousands of citizens assembled to wit
ness the splendid ceremonies". Well do I remember that bril-
13

liant scene and the distinguished men who were present.
Among these were the munificent Ex-Governor Holt, Governor
Carr, Judge Clark, Judge Graves, Judge Dick, Bishop Ches
hire, Dr. Kemp P. Battle, Dr. George T. Winston, Colonel
Julius Gray, Colonel (now Judge) Boyd, Mr. R. M. Douglass,
now a Justice of our Supreme Court, Honorable C. B. Watson,
Mr. Scott, and Colonel Keogh. Many of these have crossed
over the river and now rest in the spirit land. Here, too,
as master of ceremonies, was that gallant old soldier and
patriotic son of North Carolina, Colonel Joseph M. Morehead.
I am thankful that he is here today, and I pray that his life
may long be spared to assist in preserving and beautifying
this battleground, towards which he has already contributed so
nobly. He is now the president of this Company, and right worthily
does he bear the mantle of his noble predecessor. Judge
Schenck. From the beginning he has aided with heart and
soul in the good work, and from 1896 he has lent his active aid
in securing the continuance of the State's subscription, in
continuing the annual celebrations, and in the erection of every
monument except that of Oak Ridge. Let us not forget our
patriotic friend and those who have acted with him. All honor
and gratitude to those generous spirits.
After prayer by the Rev. Dr. T. H. Pritchard, Judge
Schenck was introduced and most enthusiastically received by
the vast assemblage. "He arose" (I quote from an intelligent
reporter, Mr. Howard A. Banks), "leaning upon his long staff.
For the first time in four weeks, he said, he had left a sick
chamber. There was a stoop in his great, broad shoulders,
and feebleness in his step as he came to the front of the plat
form. He asked that he might be excused if he should break
down before he finished. But it soon became apparent that
there was no danger of this. The old lion was aroused. As he
progressed in his defense of the much-slanderedNorth Carolina
troops who participated in the fight at Guilford Court House,
he forgot that he was a sick man. At the first mention of the
criminal injustice done to our soldiers in this engagement by
historians, a feeling of righteous indignation pervaded the
whole being of the speaker. It sent the blood tingling to his
very finger tips, it brought the fiery flash to his eye. There
was no longer the stoop in his shoulders, the halt in his gait.
In thunder tones he denounced the slanderers." He was
exhausted towards the conclusion of his eloquent and powerful
14

address, and there never was anything more deeply pathetic
than when, looking once more over the scene of years of conse
crated labor, and feeling that his long-cherished hopes had been
accomplished, he exclaimed in tremulous tones, "Lord, now
lettest Thou Thy servant depart in peace ' '. What wonder that
the hearts of the multitude were touched as never before, and
that they silently responded, "Well done, thou good and faith
ful servant", ere the welkin rang with cheers for this grandly
patriotic man !
Other addresses were made by distinguished gentlemen pres
ent, all of whom spoke of his great work and expressed their
gratitude in unmeasured terms. The Right Reverend Bishop
Cheshire said that he came ' ' also to honor a man whose generos
ity has made him the champion of the unknown dead, and who
has spent not only money, but the energies and resources of his
very life, in vindicating the reputation of our State. I have
felt myself stirred to a more earnest love of my country as I
listened to the eloquent words of Judge Schenck, and saw how
his heart throbbed and his eye kindled with ardor in behalf of
those who for a hundred years had found no friend or advocate
among us all. ' '
Through much suffering Judge Schenck lingered in steadily-
declining health until the 26th day of August, 1902, when he
passed through the dark and silent valley to the shining heights
beyond. During this period his interest in this great work
of the battleground never for a moment relaxed, and it was
with the consciousness of a great duty performed that he
entered upon his eternal rest. The whole State mourned his
loss, and many were the eulogies pronounced upon his life and
character by the press and the bar. In these he is declared to
be a great jurist, a most patriotic citizen, a devoted husband
and parent, and more than all, a sincere Christian.
At an annual meeting of the Guilford Battle Ground Com
pany on March 16th, 1903, resolutions were adopted in com
memoration of "its distinguished and beloved president, who
was its originator and creator, to whose active brain, tireless
energy, and ardent patriotism, this company is largely
indebted for the grand work already accomplished in vindicat
ing the truth of history and the fair name of North Carolina,
and in reclaiming and perpetuating the historic spot on which
was fought the pivotal battle of the great Revolution".
After paying a glowing tribute to his distinguished abilities,
it was further resolved, ' ' That this Company desires to record
in permanent form its indebtedness for and its appreciation of
15

his great and unselfish services, and to proclaim itself the
crowning work of his busy life and an enduring monument to
his memory.
"That it is .the sense of this Company that a monument be
erected to his memory on the field of the Battle of Guilford
Court House."
It is in pursuance of these resolutions that this monument
is unveiled here today. It is a fitting tribute to one of the
most patriotic of North Carolinians, and the Company has well
performed its pious duty. Beautiful as it is, and enduring as
it may be, it is, however, unnecessary in order to preserve his
memory. "The memory of us", says Pliny, "will last if we
have deserved it in our lives". Tested by this, the memory of
David Schenck will be forever cherished in the history of this
State. This restored battlefield and his great book in vindi
cation of the men who fought here, have indissolubly connected
his name with one of the greatest events of the Revolution, and
are memorials which will live always in the hearts of his
eountrsrmen. Rest in peace, dear, faithful friend. Your name
and your work will never be forgotten by North Carolinians.
As I have said, one of the strongest hopes we have of preserv
ing this great republic is in the cultivation of the spirit of
patriotism; and how can this be better done than by the
study of the heroic devotion of our revolutionary soldiers, and
the marking and adornment of the scenes of their struggles?
These are true fountains of patriotism. It is in this way that
we can understand and appreciate the self-sacrificing spirit
that won our independence and established this government;
and it is in this way that we may be inspired by a similar spirit
to preserve them. We have here a grand example of the patri
otic citizen; and if all men were imbued -with this spirit of
devotion to the principles of the Revolution, then, no matter
how threatening the storms may be in the future, no harm can
come to the Republic.
It has been said, and truly said, that North Carolina makes
history but never writes it. Never was there such an instance
of neglect, and never was there a richer field to explore. We
have seen how long this State has been misrepresented and
slandered as to the conduct of her soldiers on this battlefield.
For a century it has been suffered to remain under this dis
grace. We have seen how her soldiers have been vindicated in
this great and decisive event of the long and bloody struggle.
But in addition to this, and apart from the brilliant courage of
her sons at Moore's Creek, King's Mountain, Cowpens, and in
16

other battles, there are two other events which crown old North
Carolina with unfading glory, and should inspire every heart
with pride in her history. They place her even ahead of her
illustrious sisters in the great struggle for . independence.
First, it was her people who committed the first overt act in
assertion of the principles of the Revolution. There may have
been elsewhere a few instances of mob violence against individ
uals, but here was the armed and organized militia of two
counties drawn up in battle array, commanded by such men as
Colonel WaddeU and Colonel Ashe, openly defying the English
sloop of war, Diligence, of twenty guns, as she came to anchor
off the tovm of Brunswick on the Cape Fear. They notified
the Commander that they would resist the landing of stamps
and would fire on anyone attempting it. This was on Novem
ber 20th, 1765. ' ' Here was treason, open and flagrant, and in
the broad light of day; treason armed and led by the most
distinguished soldier of the province, and the Speaker of the
Assembly." "This", says that distinguished North Carolin
ian, the Honorable George Davis, "was more than ten years
before the Declaration of Independence, and more than nine
years before the battle of Lexington, and nearly eight years
before the Boston 'Tea Party'. The destruction of the tea was
done in the night by men in disguise. And history blazons it,
and New England boasts of it, and the fame of it is worldwide.
But this other act, more gallant and daring, done in open day
by well-knoTvn men, with arms in their hands, and under the
King's flag — ^who remembers, or who tells of it?"
It is hardly to be credited that this act, so illustrative of the
advanced spirit of liberty in North Carolina, and which places
her far in advance of the Revolution, should not be blazoned
forth to all the world. But so it is. As Mr. Davis says, "who
remembers it, or who tells of it ? "
The second great event is the Mecklenburg Declaration of
Independence. The declaration drawn by Jefferson and made
on the 4th day of July, 1776, was the declaration of the Conti
nental Congress. It was on the part of all the Colonies, and
the anniversary of the day of its adoption is justly a great day
of national celebration. It is nevertheless a fact to be proud
of, and of itself places North Carolina in the foreground, that
some months before, on May 20th, 1775, immediately upon
hearing of the Battle of Lexington, the patriots of Mecklen
burg County made their famous declaration. In the language
of Senator Boutwell in his address on ' ' The Progress of Amer-
17

ican Independence", before the New York Historical Society,
"The citizens of Mecklenburg County, North Carolina, had
anticipated the declaration of Jefferson and in some respects
its exact language, and yet there is no reason to believe that the
substance of the document was known to any member of Con-
gres, and there is much evidence that neither Mr. Jefferson nor
any one of his colleagues of the Committee was aware of its
existence". What a glorious record is this which we can
truthfully present to our posterity, and how every heart
re-echoes the words of the immortal Lee, "God bless old
North Carolina".
Yes, let her true history be written, and the old State will
come forth resplendent with revolutionary glory. Let her
true history be written, and it will be seen that our revolu
tionary fathers were worthy ancestors of the men, who, under
the banners of Lee and Jackson, and other great leaders, filled
the world with wonder and admiration by their matchless
deeds of arms and heroic devotion. Let her true history be
written, and there will rise in the hearts of her children a spirit
of patriotism which will guard and maintain the great prin
ciples of republican government which underlie our consti
tution. Let us, my friends, as we leave this consecrated ground,
resolve to devote our minds and hearts to this great end. Let
us vindicate the capacity of man for self-government: and
when we have done this, we shall have furnished a light and a
hope to all nations to guide them in the ways of peace, justice,
and harmony; and we may look forward with confidence to
the time when armies will be disbanded, when the "war
drums" will throb no longer, "and the battleflags be furled —
in the Parliament of man, the Federation of the World".

I78I— 1904
Program of the Annual Celebration
AT THE
GUILFORD BATTLE GROUND
GREENSBORO, N. C.
MONDAY. JULY 4. 1904

"The Life and Character of Judge David Schenck"
HONORABriE JA.MES E. SHEPHERD
Obatos of thb DAT

The Procession will form at the President's cottage at 10.30
a. m. in the following order :
MARSHAL AND ASSISTANTS
PROXIMITY BAND
GATE CITY GUARDS
MAJOR JOSEPH M. MOREHEAD,
President of the Guilford Battle Ground Company,
and
JUDGE SHEPHERD,
Orator of the day,
¦with Mrs. Judge Schenck and Miss Schenck
DAUGHTERS OF AMERICAN REVOLUTION
Chaplain, Master of Ceremonies, and Distinguished Guests, in
Carriages ;
Directors and Stockholders of the Battle Ground Company;
Citizens Generally.
Procession when formed will move to the Grand Pavilion.