Francis Scott Key, author of the Star spangled banner; what else he was and who

UC-NRLF

B 3 312 173

FRANCIS SCOTT KEY

FRANCIS SCOTT KEY

AUTHOR OF

THE STAR SPANGLED BANNER

WHAT ELSE HE WAS
AND WHO

BY

F. S. KEY-SMITH, Esq.

Member of the
Bar of the District of Columbia

Published by

KEY-SMITH AND COMPANY
Evans Building, Washington. D. C.

COPYRIGHT

F. S. KEY-SMITH

1911

Printed by

NATIONAL CAPITAL PRESS, INC.

Book Manufacturers

Washington, D.C.

TABLE OF CONTENTS

PAGE

Foreword 6

Acknowledgments 7

Our Patriot 8

I. His Ancestors 9

II. His Early Years 13

III. As a Churchman and Christian. . 16

IV. The Lawyer 23

V. The Statesman and Diplomat ... 44

VI. The Star Spangled Banner 62

VII. The Old Georgetown Home 89

VIII. In Conclusion 92

IX. Heaven Claims Its Own 96

Appendix 99

M129137

LIST OF ILLUSTRATIONS

Francis Scott Key FRONTISPIECE

The Original Flag

Suspended in front of Smithsonian Institution

Francis Scott Key

From Charles Willson Peale's oil painting

The Star Spangled Banner
Another view

Fac simile of the original draft of the song

Samuel Sands
Who first set the song in type

Old Key Home in Georgetown

Key Monument at Grave

Mount Olivet Cemetery, Frederick, Md.

In loving memory of a

fflothrr,
whose generous and self-sacrificing love

for her children

has never been surpassed, this little volume is
most reverently and devotedly inscribed

The Author

Washington, D. C., March 1st, 1911

FOREWORD

This volume is designed to give a better
insight into the character, and to make
known the many and varied talents and
achievements, of Francis Scott Key, for in
composing his tribute to his country's flag,
contained in the beautiful lines of the
"Star Spangled Banner, " the splendor
with which he crowned his name has shone
so brightly that it has extinguished the
brilliancy of his many other great deeds
and signal services, so that little, if any
thing, is known of them.

A belief that the American people will be
interested in learning something of the
author of their National Anthem, as a
man, a lawyer, orator and statesman, as
well as a poet and patriot, has prompted
the preparation and publication of this
book, a task by no means light, involving
both courage and industry. Should it be
graciously received the author will not re
gret the labor, research and time expended.

F. S. KEY-SMITH.

Washington, D. C., March 1, 1911.

ACKNOWLEDGMENTS

In the preparation of this book, for as
sistance rendered, my acknowledgments
are due to Mr. Eichard Eathbun, of the
Smithsonian Institution, to whom I am in
debted for the picture of the original flag;
to Mr. John T. Loomis, of Washington,
D. C., for the picture and letter of Mr.
Samuel Sands, who first set the words in
type; to Mr. Hugh T. Taggart, of Wash
ington, D. C., for interest and encourage
ment; to Miss Alice Key Blunt, of Balti
more, Md., for much assistance derived
from many old manuscripts and letters ; to
Mr. Frank Key Howard and sister, Miss
Nancy Howard, of Baltimore, Md., for the
picture of Key appearing as frontispiece;
to the Pennsylvania Academy of Fine Arts
at Philadelphia for the portrait of Key
from Charles Willson Peale's oil painting,
and to Mr. Lawrence C. Wroth and Edwin
Higgins, Esq., of Baltimore, for many
courtesies extended.

The encouragement and kindness shown
me by the above has lightened very greatly
the task assumed.

: OtJR PATRIOT

To the memory of Francis Scott-Key.

At rest beneath the azure sky,

There lies a loyal son,

He's gone to meet his God on high,

His duty here well done.

No truer heart has lain at rest,

Or was there e'er one born

Upon our country's soil most blest,

Than his, who now has gone.

Those stars and stripes his mem'ry bear,

As long as they remain,

And through all ages shall declare,

His loved and honored name.

The massive walls of that old fort,

Monument grand to fame,

Remind us of the battle fought,

And our patriot's name.

'Twas here he watched them through the fight,

Upon the ramparts far,

Until the darkness closed from sight,

Each floating stripe and star.

And when at morn, kissed by the light,

They still waved proudly high,

His heart was filled with wild delight,

He knew his God was nigh.

Then as the day broke bright and clear —

The battle's tempest ceased —

No longer was there need to fear,

Victory! all released.

He had seen the struggle through the night,

And heard the cannons' roar,

But the flag which darkness hid from sight

Still waved o'er freeman's shore.

"'Twas the Star Spangled Banner, O! long

may it wave
O'er the land of the free and the home of the

brave." F. S. KEY-SMITH,

Washington, D. C., Sept., 1894.

CHAPTER I.

His Ancestors.

Fifty years or more before our declara
tion of independence was signed, or to be
more precise, about the year 1726, two
brothers, Henry and Philip Key, sons of
Richard and Mary Key, of the Parish of
St. Paul, Covent Garden, London, came to
America and settled on the north bank of the
Potomac, about forty miles above its mouth,
near a place since known as Leonardtown.
In their bosoms, like in those of most
others who came to our shores, there
burned an undying longing for freedom
and independence — a longing which has
kindled a fire, the flame of which is des
tined to consume the world.

Henry died young, a bachelor, Philip
lived and prospered. He took up several
large tracts of land throughout the Colony
of Maryland, on one, near Leonardtown, he
built a handsome brick residence. He also
built a brick church at Chaptico, St. Mary's
County, which is yet standing.

He was twice married, his first wife was
Susannah Gardiner, and upon her death
he married Theodosia Barton. By his first
wife he had seven children in the order

10 FKANCIS SCOTT KEY

named: Richard Ward; Philip; Thomas;
Francis; Edmond; John and Susannah
Gardiner : Edmond studied law in England
and upon his return to Maryland he prac
ticed his profession with much success and
gained distinction, becoming the Attorney
General of the Province.

Francis married Ann Arnold Boss, a
daughter of John Boss, who came to this
country in an official capacity connected
with the land office in 1730, and settled in
Ann Arundel County near Annapolis.

Here at the junction of the Severn River
with Round Bay, seven miles from An
napolis, he built a large spacious Manor
House on his estate named Belvoir. This
is also still standing. The materials used
in its construction were in all probability
brought from England. In the walls, which
are sixteen inches in thickness, are wide
windows with deep recesses extending
nearly to the one-time beautiful floors of
hard polished oak.

To the marriage of Francis Key with
Ann Arnold Ross were born three children,
John Ross Key, Philip Barton Key and
Elizabeth Scott Key. John Ross married
Arm Phoebe Dagworthy Charlton.

Upon his father dying intestate, he, be
ing the eldest, by the English law of primo-

HIS ANCESTORS 11

geniture then in force in the Colony, in
herited the whole of the estate. However,
with a nobleness of spirit and generosity
rarely seen, he divided equally with his
younger brother. And again, upon his
brother's share being confiscated because
of his loyalty to England during the Revo
lution, although John Boss Key had fought
with distinction in the American cause as
an officer of the Continental Army and
given largely of his finances toward its
support, he, nevertheless, again divided his
inheritance with his brother.

He made his home upon his estate, Terra
Rubra, in Frederick County, Maryland.
Here was born to him two children, a son
and a daughter, Francis Scott Key and
Ann Arnold Key.

The daughter married Roger Brooke
Taney, Secretary of the Treasury under
President Jackson and subsequently Chief
Justice of the United States Supreme
Court.

Amid fertile valleys skirted by tall
wooded mountain ranges, upon this estate
of nearly three thousand acres, through
which flowed Pipe Creek, Francis Scott
Key and his sister roamed and were
reared.

Out across the green fields and meadows

12 FRANCIS SCOTT KEY

where grazed the peaceful herds and flocks,
or waved in the warm bright sunshine the
golden grain, from the verandas of their
home they could gaze and dreamily idle
away their childhood days. Thus imbibing
all that is best and purest in nature is it
remarkable that there was added to his
many other qualities and talents, a Chris
tian 's soul and a poet's fervor? To her
many graces, the little girl, so tenderly
reared, should have possessed in woman
hood such exceptional qualities as to touch
and hold the unimpulsive heart of her hus
band, a most phlegmatic man, a great law
yer and jurist?

FRANCIS SCOTT KEY
From Charles Willson Peale's Oil Painting

CHAPTER II.

His early years.

But to draw the curtain from across the
portal which opens out upon the modest
yet firm and beautiful life, so full of
healthy example and worthy of emulation,
of the principal dramatis personce of this
book. That richly endowed and very tal
ented man, who combined in such rich per-
fusion and rare perfection all of the most
admirable qualities of the Christian, pa
triot, statesman, lawyer and poet, Francis
Scott Key. Nature ushered him into the
trials and hardships of this life on the 9th
day of August, 1780, and during nearly
sixty-three years of sojourn in this world,
as expressed by one of his granddaughters,
he ever "kept the stars in sight, though the
stripes of life were laid upon him, as upon
all."

Much of his early life while attending
school and college was spent with relatives
in and around Annapolis. At Belvoir he
was tutored in the first branches of a lib
eral education and received much religious
instruction.

His grandmother, Mrs. Key, was totally
blind, having lost her eyesight by fire and

13

14 FRANCIS SCOTT KEY

smoke in rescuing two of her servants
from the flames when her father's house
was burned. Her Christian fortitude un
der her terrible affliction impressed itself
deeply upon his pure and highly sensitive
nature, and no doubt had much to do with
his own sublime and perfect faith.

During his attendance at St. John's Col
lege, where he was graduated, he resided
with his great-aunt, his grandmother's sis
ter, Mrs. Upton Scott, who was Elizabeth
Eoss.

A fellow student of Roger Brooke Taney,
he read law in the office of Jeremiah Town-
ley Chase. He was required to give strict
attendance at court, that he might the bet
ter learn from observation and experience.

Having spent so much of his youth in
and about Annapolis, it was only natural
that one of the belles of Maryland's Capi
tal City should have captivated his heart.
In 1802 he married Mary Tayloe Lloyd,
granddaughter of Edward Lloyd, Eoyal
Governor of the Colony from 1709 to 1714.
The wedding took place in the mahogany
wainscoted drawing room of the old Lloyd
house, which was built in 1772, and is now
in good state of preservation. He had
eleven children, six boys and five girls,
Elizabeth Phoebe; Maria Lloyd; Francis

HIS EARLY YEARS 15

Scott, Jr.; John Ross; Ann Arnold; Ed
ward Lloyd; Daniel Murray; Philip Bar
ton; Ellen Lloyd; Alice; and Charles
Henry.

In his suit for the hand of his bride his
closest rival was his best friend, Daniel
Murray, and it has been very properly ob
served it was a remarkable fact that he
retained this friendship, a circumstance
which testifies most strongly to the great
characters of both. It is said that Miss
Lloyd would make curl papers of his love
sonnets and took particular pains that he
should learn of it.

CHAPTER III.

As a Churchman and Christian.

A devout Christian, he was a regular at
tendant at church and took an active part
in all religious affairs. At family prayers,
which he regularly conducted twice a day,
every member of his family, including the
servants, were required to be in attend
ance. In the Sunday School he taught a
Bible class of young men for many years,
and was one of the vestrymen of St. John's
Episcopal Church in Georgetown.

At the present time can be seen on the
east wall of this church a tablet bearing
an inscription of his composition* to the
memory of the Eev. Johannes I. Sayrs, a
former rector. In later years his own
memory has been perpetuated in a memo
rial window in Christ Church, Georgetown.
However, the best memorial, bearing trib
ute to his Christianity and religious effort,
is possibly to be found in his own lines in
the hymn beginning, "Lord, with glowing
heart I'd praise Thee."t The last two
lines, namely: "And, since words can

*See Appendix.

fThe complete hymn is to be found in the Appendix.

16

AS A CHURCHMAN AND CHRISTIAN 17

never measure, Let my life show forth thy
praise, " demonstrate his appreciation of
the inadequacy of words to correctly ex
press a meaning, and typify his legal ac-
cumen and training.

Upon the Rev. Walter Dulany Addison,
another former rector of St. John's, be
coming much enfeebled by age and ill
health he was given a lay reader's license
and for years read the service and visited
the sick, oftentimes even holding up the
aged rector's arms while he pronounced
the benediction.

In speaking of his church work and re
ligious character, Mr. Lawrence C. Wroth,
in a very excellent and interesting article,
appearing in the June number for 1909,
Maryland Historical Magazine, says that
on at least two occasions he seriously con
templated entering the ministry. His au
thority for the statement is contained in a
letter to Mr. Key from Dr. Kemp then rec
tor of St. Paul's Church, Baltimore, and
afterwards suffragan Bishop of Maryland,
proposing that Mr. Key enter the ministry
and suggesting an association with him, in
the parish of St. Paul's, and Mr. Key's
replies under date of Georgetown, April 4
and 28, 1814. In the first of which he says,
a few years before he had thought of pre-

18 FRANCIS SCOTT KEY

paring himself for the ministry, but adds,
from all the consideration he could give the
subject he had concluded that such a step
was impossible, and in his letter of April
28, he adds "I have thought a good deal
upon this subject, and the difficulties that
at first occurred to me appear insurmount
able. " Aside from a tendency towards the
ministry, upon a careful reading of this
correspondence, it will be seen he never se
riously contemplated the step. He was,
it is true, a very devout man, having
a very great interest in the church
and rendered it no doubt a very great
service in many ways, being indefatiga
ble in his efforts in its behalf, recon
ciling on more than one occasion the two
factions of high and low church, or the
"formalist and evangelical. " He was of
the latter party and differed greatly in his
views with Dr. Kemp, and so wrote him.
He believed, as he said, the Episcopal
Church was the best form of religion, but
he also distinctly said he did not think it
the only valid one.

He was a delegate to every General Con
vention from 1814 to 1826, consecutively,
and attended all excepting the first. Later,
at the Convention of 1830, it was due al
most entirely to his efforts that the two
parties were reconciled and united upon

AS A CHURCHMAN AND CHRISTIAN 19

one man, (in the person of Rev. William
Murray Stone,) for the Episcopate of
Maryland, and again at the Convention of
1839 he mollified the contending factions,
which brought about the election of Bishop
Whittenham. At the Convention of 1820
it is said he was the only one allowed to
stand up in defense of evangelical truth.

He was a life-long friend of Bishop
Meade, of Virginia, who refers to him as
such in his celebrated book, "Old Churches,
Ministers and Families of Virginia. " A
trustee of the General Theological Semi
nary from its founding in 1820 until his
death, and one of the founders of the Theo
logical Seminary near Alexandria, Vir
ginia.

Although at all times and in all things
obedient to the canons of the church and
respectful of its authority and the author
ity of those above him, he was quick to
resent any unwarranted rebuke from that
authority. When the differences of opin
ion existing between Dr. (then Bishop
Kemp) and himself led the former to un
justly take him to task for doing what ln«
considered to be his duty, he replied with
some spirit, stating at length th<» excep
tional circumstances under which he had
felt called upon to baptize, at the request
of its mother, a supposedly dying infant,

20 FKANCIS SCOTT KEY

and explaining that he knew of no canon
of the church prohibiting lay baptism of
infants, especially under the circumstances
which prompted him, but, on the contrary,
knew of several instances in which it had
been done and sanctioned under even less
imperative conditions, he proceeds, "This,
sir, is what I have done and I thought it
right. You think it so clearly wrong that
a moment's reflection 'ought to have ar
rested my progress. ' I have reflected upon
it since, and deliberately, and am still with
out any other reason for supposing it may
be wrong than your telling me so. I hope,
sir, you will excuse me for saying that this
(tho? certainly worthy of serious consider
ation) is not sufficient for me. I can not
acknowledge error when I do not see it,
and trust you hold me so entitled to an
opinion of my own as not to be bound to
renounce it and confess myself wrong
merely because any person, though entitled
to the greatest respect, thinks differently. ' '
From the necessarily brief consideration
and extracts here given of this more or less
unfortunate misunderstanding it should
not be assumed that Mr. Key was disre
spectful to the Bishop. The correspond
ence clearly shows the contrary. His let
ters show merely the spirit of the man,
disappointed, and perhaps chafing some-

AS A CHURCHMAN AND CHRISTIAN 21

what from an unmerited rebuke adminis
tered by one to whom he had looked rather
for praise and sympathy than censure and
criticism. No doubt Bishop Kemp's at
titude was produced in a large measure by
the difference of opinion existing between
them on chuch matters in general accent
uated by the small part taken by Mr. Key
in joining in a protest to the House of
Bishops against his election. As Mr.
Wroth very correctly observes, the Bishop
seems never to have quite forgiven him, al
though he refused to concur in the charge
that the election was the result of "pre
meditated management " basing his joinder
in the protest upon the ground of "insuffi
cient notice. ' '

John Randolph of Roanoke, whose faith
had been greatly shaken by reading works
like Voltaire, frequently confided in him,
and is said to have been greatly restored
in his faith in Christianity in consequence.
In a letter to Randolph he disposes of the
arguments against Christianity in short
order, and pays a great tribute to his un
conquerable faith in these words :

"I don't believe there are any new ob
jections to be discovered to the truth of
Christianity, though there may be some art
in presenting old ones in a new dress. My
faith has been greatly confirmed by the

22 FEANCIS SCOTT KEY

infidel writers I have read: and I think
such would be their effect upon anyone who
has examined the evidences. Our church
recommends their perusal to students of
divinity, which shows she is not afraid of
them. Men may argue ingeniously against
our faith, as indeed they may against any
thing — but what can they say in defense
of their own — I would carry the war into
their own territories, I would ask them
what they believe — if they said they be
lieved anything, I think that they might be
shown to be more full of difficulties and
liable to infinitely greater objections than
the system they oppose and they were cred
ulous and unreasonable for believing it.
If they said they did not believe anything,
you could not, to be sure, have anything
further to say to them. In that case they
would be insane, or at best illy qualified to
teach others what they ought to believe or
disbelieve."

For this purity of character and un
swerving sincerity in his Christian faith,
the richest of his earthly rewards was the
exalted honor, permitted him by Provi
dence, of immortalizing his name upon the
flag of his country in christening it, ' ' The
Star Spangled Banner."

THE ORIGINAL FLAG
Suspended in front of the Smithsonian Institution

CHAPTER IV.

The Lawyer.

As a lawyer he was equalled by few and
excelled by none. Among his contempora
ries he took first rank, and of most of the
important causes the records of those
courts before which he practiced disclose
his name as attorney on one side or the
other. When we recollect the bar of his
day was made up of such men as Webster,
Clay, Choate, Wm. Pinkney, Luther Mar
tin, Eeverdy Johnson, William Wirt, and
the bench of such legal giants as Marshall
and Story, it is enough to say that he took
first rank.

In a letter, dated Baltimore, July 25,
1875, Reverdy Johnson, one of the most
distinguished lawyers Maryland and the
country ever produced, pays this tribute to
his legal and literary talents and attain
ments :

"My acquaintance with Mr. Key commenced
some ^twenty years before his death, and soon
ripened into friendship. I have argued cases
with him and against him in the courts of
Maryland and in the United States Supreme
Court. He had evidently been a diligent legal
student, and being possessed of rare ability,
he became an excellent lawyer. In that par-

23

24 FKANCIS SCOTT KEY

ticiilar, however, he would, I have no doubt,
have been more profound but for his fondness
for elegant literature, and particularly for
poetry. In this last he was himself quite a
proficient. Some of his writings are truly
gems of beauty. His style of speaking to a
court was ever clear, and his reasoning logical
and powerful; whilst his speeches to juries,
when the occasion admitted of it, were beau
tifully eloquent. To the graces of his many
accomplishments he possessed what is still
more to his praise, a character of almost re
ligious perfection. A firm believer in the
Christian dispensation, his conduct was regu
lated by the doctrines inculcated by its found
er and this being so his life was one of perfect
purity."

He began the practice of law at Fred
erick, Maryland, in 1801, but subsequently
removed to the District of Columbia, tak
ing up his residence in Georgetown and
forming an association in the practice with
his uncle, Philip Barton Key. Under
Presidents Jackson and Van Buren he was
three times appointed United States Dis
trict Attorney for the District of Columbia,
his first appointment being confirmed by
the Senate, January 29, 1833, and he was
succeeded on July 3, 1841, by Philip E. Fen-
dall. During his administration of the of
fice of United States District Attorney he
demonstrated his capabilities for that
important position and his keen appre
ciation for its responsibilities in a most

THE LAWYER 25

remarkable manner. While in attend
ance at the funeral in 1835 of War
ren E. Davis, a member of Congress
from South Carolina, as President Jack
son and his cabinet awaited on the east
portico of the Capitol for the remains to
be brought from the Rotunda, a man con
cealed behind one of the large pillars fired
at the President. General Jackson was im
mediately surrounded by his friends, who
interposed in his defense, and before the
assailant could fire a second shot he was
overpowered and taken into custody.

Carried before the Circuit Court of the
United States for the District of Columbia,
he was given a hearing. Mr. Key, as Dis
trict Attorney, conducted the examination
on behalf of the Government. Bitter feel
ing against the prisoner was rife, as it was
generally believed that the act was insti
gated by a party of political conspirators
led by a prominent man. The assailed was
the President of the United States, but
what was even more to Mr. Key, his warm
personal friend, to whom he owed much,
especially his appointment to the office he
then held and whose duties imposed upon
him the prosecution of the assailant.

Entertaining a strong conviction that in
a criminal proceeding the duty of the rep
resentative of the government is prosecu-

26 FRANCIS SCOTT KEY

tion and not persecution — an impartial
vindication of the law, and justice between
the state and the alleged offender, his self-
control and circumspection, notwithstand
ing he naturally must also have enter
tained an intense feeling against the cul
prit, prevented a miscarriage of justice
and removed the popular misbelief of a
criminal conspiracy against the life of the
President, as it was clearly shown by the
impartial and careful examination he con
ducted that the prisoner was insane.

During the Harrison and Van Buren
presidential contest in 1840 Georgetown
was as much excited and divided over the
campaign as any part of the country, and
there were lively times between the Whigs
and Democrats. After General Harrison's
inauguration half a dozen citizens of the
town addressed a petition to the President
containing accusations against the collect
or of the port, Eobert White, charging the
misuse of his office for political purposes
and stating that he was obnoxious to his
fellow-townsmen.

It was requested that White be removed
and Henry Addison appointed in his stead.
These requests, or, as lawyers say, the
prayers, of the petition were granted.
White removed and Addison appointed.

THE LAWYER 27

A bitter libel suit by White against those
making the charges resulted. Mr. Key,
Colonel William L. Brent, and his son
Robert J. Brent, represented the plaintiff,
while the defendants were represented by
General Walter James, Richard L. Coxe,
Joseph H. Bradley, John Marbury, and
Robert Auld.

The trial came on for hearing before the
Circuit Court of the District of Columbia,
and the court held that the petition to the
President containing the objectionable
charges against White, which were the
foundation of the suit, being a privileged
communication, could not be admitted in
evidence or read to the jury. Of course,
this ruling lost for the plaintiff his case,
but Mr. Key did not stop with this, he
promptly carried the case to the Supreme
Court of the United States, where he re
versed the judgment of the lower court.

A particular consideration of very many
of the important cases in which Mr. Key
appeared as counsel, is impossible in a
book of this size.

However, as the law was his profession
and as so little is generally known of him
as a lawyer, it is deemed proper that at
least a few of the most important ones
should be considered.

28 FBANCIS SCOTT KEY

When the Alexandria Canal Company,
under authority conferred by Act of Con
gress, undertook to construct across the
Potomac River an aqueduct for the pur
pose of connecting with the Chesapeake
and Ohio Canal, that Alexandria might
likewise use this waterway with George
town for transportation, it became neces
sary to construct a number of piers in the
river to support an aqueduct bridge. To
properly do this large cofferdams were
built, into which a great deal of clay and
gravel was dumped. Much of this in one
way or the other was spilt on the outside
of the dams and washed down stream.
Now, the Potomac was, of course, a high
way, and in those days used as such a great
deal more than at present, and to obstruct
the navigation of the river was, of course,
a serious matter, and it may be imagined
also that Georgetown did not care to see an
outlet to the west opened to Alexandria,
thus bringing its merchants into competi
tion with her own.

Under rights claimed from a compact
between the states of Maryland and Vir
ginia which secured to the citizens of these
states the free and unobstructed use of the
river, the mayor and the citizens of
Georgetown, fearing, as they alleged, that
the channel would be obstructed and navi-

THE LAWYER 29

gallon retarded, applied to the courts for
an injunction enjoining the canal company
from continuing its operations which they
termed a public nuisance. The duty of
prosecuting the case devolved upon Mr.
Key as Recorder of the town.

Upon the hearing of the case in the Cir
cuit Court of the District of Columbia the
injunction was refused and an appeal was
taken to the Supreme Court of the United
States, where the case was ably argued
and some very interesting and nice ques
tions of law raised. Among other things
it was contended that the Act of Congress
authorizing the construction of the aque
duct was unconstitutional, as under the
compact between Maryland and Virginia
the city of Georgetown and its citizens had
a right of property in the free navigation
of the river of which they could not be de
prived by an Act of Congress. The Su
preme Court, however, affirmed the decree
of the lower court, holding that the act was
not unconstitutional, and that whatever
rights were secured by the compact be
tween Maryland and Virginia were secured
to their citizens in their capacity as sover
eign states and not as individuals; conse
quently, upon the cession of the District
of Columbia to the United States the rights
under such compact passed to the United

30 FKANCIS SCOTT KEY

States and Congress could, if it thought
necessary, abridge them.

In the case of the Bank of Columbia
against Okeley, involving another and
more important question of constitutional
law, Mr. Key, as the attorney for the bank,
was, on an appeal to the Supreme Court,
more successful. Prior to the cession of
the District of Columbia to the United
States the legislative assembly of Mary
land, in the act incorporating the bank,
gave to its president a summary remedy
for collecting its debts by which the clerk
of the court, upon the sworn application
of the president, was required to issue an
attachment against the property of any
debtor of the bank who had consented in
writing that his bonds, bills or notes should
be negotiable at the bank. The defendant,
Okeley, became liable to the bank for fail
ure to pay such an obligation, and upon
the proper application being made to the
clerk an attachment issued under which the
United States Marshal seized the property
of the defendant in satisfaction of the
claim.

Okeley 's attorneys made a motion to
quash the attachment upon the ground that
the act of the assembly of Maryland con
ferring such rights was void for being con
trary to both the Bill of Eights of Mary-

THE LAWYER 31

land and the Constitution of the United
States in that it deprived the defendant of
his right of trial by jury guaranteed by
those instruments.

The Circuit Court took some such view
of the matter, quashing the attachment.
On appeal to the Supreme Court of the
United States, however, that court held, as
provision was made in the law securing to
the defendant, after seizure of his prop
erty, the right of a trial by jury upon a
proper showing and application, all rights
guaranteed by either the Bill of Rights of
Maryland or the Constitution of the United
States were preserved to him.

In connection with this decision it is in
teresting to note that similar proceedings
are now very generally authorized by
statute, especially where non-residents and
absconding debtors are concerned.

A decision of much interest to taxpay
ers, or, more properly speaking, to those
who do not pay their taxes, is to be found
in the case of the City of Washington
against Pratt.

In this case, which likewise reached the
Supreme Court of the United States, Mr.
Key as the representative of Pratt, filed
a bill in equity to enjoin the corporation
of Washington from executing a deed of

32 FKANCIS SCOTT KEY

Pratt 9s property to certain purchasers at
a tax sale.

The validity of the attempted sale was
attacked by Mr. Key upon some six or
seven grounds, all of which the court sus
tained. The two principal ones being,
first; the property was not assessed and
sold in the name of the true owner, and,
second, that more than one lot was sold
when the proceeds from the sale of any one
was sufficient to satisfy the taxes upon the
whole. The sale was accordingly declared
void and set aside.

During the latter years of his life he was
engaged, among others, as counsel for Mrs.
Myra Clark Games in the celebrated con
troversy known as the Gaines case and
which arose by reason of Daniel Clark
making two wills, one in 1811 and a second
in 1813. By the first he left all of his
property to his mother, and the executors
thereunder sold a large lot of valuable
land belonging to him to the City of New
Orleans. By the latter will he left his
daughter, Myra Clark Gaines, his sole
beneficiary, and upon coming of age and
learning of her right she instituted suit in
the New Orleans courts to recover her
property. In the defense to her suits,
among other things her legitimacy was at
tacked. The case occupied the attention

THE LAWYER 33

of the courts, both of Louisiana and the
United States, for over a third of a cen
tury. Finally, however, Mrs. Gaines won,
luit it was not until 1867, or twenty-odd
years after the death of Mr. Key.

In one of the reports of the case in the
Supreme Court of the United States it is
observed : ' ' The case, with two accompany
ing it, constituted the seventh, eighth and
ninth appeals to this court of a controversy
known as the ' Gaines case. ' For more than
one-third of a century, in one form and an
other, it had been the subject of judicial
decision in this court, and the records now
—complicated in the extreme — reach near
ly eight thousand closely printed pages.
The court, when the case was last heard
before it, spoke of it as 'one which, when
hereafter some distinguished American
lawyer shall retire from his practice to
write the history of his country's jurispru
dence, will be registered by him as the
most remarkable in the records of its
courts/ " Space will not permit of a fuller
consideration of the case at this time, but
for the information of those who might
care to investigate it further it may be con
cluded by saying full reports can be found
in the reported decisions of the Supreme
Courts of Louisiana and the United States.
Under titles of Gaines vs. Hennen, Freutes

34 FRANCIS SCOTT KEY

vs. Gaines, and Gaines vs. City of New Or
leans. From the fact alone that Mr. Key
was engaged in this celebrated case we
have no difficulty whatsoever in determin
ing that he stood as high in his profession
as any lawyer of his day.

The last case to which I shall refer, is
extremely interesting and, although, be
cause of the most happy and fortunate
change in the condition of things, is no
longer of any practical importance, at
tracted at the time a large assemblage of
refined and intelligent persons of both
sexes to the hearing before the Supreme
Court of the United States.

The case grew out of the capture of a
slave trader off the coast of Florida, then
Spanish territory. A Spanish vessel named
the Antelope, in the act of receiving a
cargo of Africans, was captured on the
coast of Africa by the Arraganta, a priva
teer manned in Baltimore.

In charge of a prize crew from the Ar
raganta she was carried to the coast of
Brazil, and the Arraganta being there
wrecked, thence to the coast of Florida
where she was discovered hovering very
near the coast of the United States, by
Captain Jackson of the U. S. Eevenue Cut
ter Dallas. Supposing her to be either a
pirate or engaged in smuggling slaves into

THE LAWYER 35

the United States, the captain went in
quest of her and, discovering that she car
ried a cargo of slaves and was manned by
officers and men who were citizens of the
United States, lu> l>rought her into the port
of Savannah for adjudication by the
United States courts as lawful prize.

The vice consuls of Spain and Portugal
interposed claims on behalf of the subjects
of their respective countries, to whom it
was alleged the vessel and slaves belonged,
which claims the United States opposed,
upon the ground that the trade in which
the vessel was engaged was in violation of
the laws of the United States, and now that
she and her cargo were within the territo
rial jurisdiction of this country they were
amenable to our laws. The consuls of
Spain and Portugal claimed the Africans
as slaves who, in the regular course of le
gitimate commerce had been acquired as
property by their fellow subjects and de
manded their restoration under the law
of nations, and particularly under the
terms of a treaty between the United
States and Spain which provided that
property rescued from pirates should be
restored to Spanish owners on their mak
ing proof of property.

As the founder and principal promoter
of the American Colonization Society, the

36 FRANCIS SCOTT KEY

object of which was the emancipation and
colonization of the negroes, under a pro
tectorate of the United States, on the west
coast of Africa, Mr. Key's sympathies with
the negro cause were well and favorably
known; accordingly, the attorney-general,
Mr. Wirt, engaged him to assist in the
prosecution of the government's claims in
this case. In making the opening argu
ment, Mr. Key, among other things, said :

"The Spanish owners show as proof of prop
erty, their previous possession; and the pos
sessor of goods it is said, is to be presumed the
lawful owner. This is true as to goods; be
cause they have universally and necessarily an
owner. But these are men of whom it cannot
be affirmed that they have universally and
necessarily an owner."

Opposed to Mr. Key were Charles J.
Ingersoll, of Philadelphia, and John M.
Berrien, of Georgia.

Among the spectators in court was Gov
ernor Foote, of Mississippi, and some
years afterwards he paid a glowing tribute
to the speech of Mr. Key in the following
language :

"On this occasion he greatly surpassed the
expectations of his most admiring friends.
The subject was particularly suited to his hab
its of thought, and was one which had long en
listed, in a special manner, the generous sen
sibilities of his soul. It seems to me that he
said all that the case demanded, and yet no

THE LAWYER 37

more than was needful to be said; and he
closed with a thrilling and even an electrifying
picture of the horrors connected with the
African slave trade, which would have done
honor to either a Pitt or a \Yilberforce in their
palmiest days."

However, public sentiment was not yet
abreast with his high and exalted ideas,
and for reasons based upon the laws of na
tions, as then understood, the court, in an
opinion written by no less a jurist than the
great Chief Justice, John Marshall, held,
that as the traffic in which the Spanish ves
sel was engaged was not in violation of the
laws of Spain the ship and her human car
go must be restored to their owners. How
ever, the force and eloquence of Mr. Key's
argument was not without effect. It made
a profound impression on the court, which
Chief Justice Marshall acknowledged at
the outset of his opinion in these words :

"In examining claims of this momentous im
portance, claims in which the sacred righis of
liberty and of property come in conflict with
each other; which have drawn from the bar a
degree of talent and of eloquence, worthy of
the questions that have been discussed, this
court must not yield to feelings which might
seduce it from tlie path of duty, but must obey
the mandate of the law."

Some years after, at a convention of the
American Colonization Society, Mr. Key
offered this resolution:

38 FRANCIS SCOTT KEY

"Resolved, That a committee be appointed to
prepare and present a memorial to Congress,
recommending such measures to be taken for
the protection of the colonies now established
on the African coast, the promotion of Ameri
can commerce on that coast, and the suppres
sion of the slave trade, as the National Legis
lature may approve."

In speaking in favor of its adoption, Mr.
Key said :

"Light has pierced into the thick darkness
that has long enveloped that outcast continent,
and treasures and blessings of a benignant
Providence are seen to smile in all her plains
and wave in all her forests. It is true this
fair creation of God has been marred by the
wickedness of man. A trade abominable and
detestable beyond all epithets that can be
given to it, at the very name of which the
blood curdles, and no man hears it who 'having
human feeling does not blush, and hang his
head to think himself a man,' has long since
desolated Africa and disgraced the world but

* * * the dawning of a better day appears

* * * the virtue and benevolence of man
shall repair the outrages committed by the in
humanity of man. The trade that has wasted
and debased Africa shall be banished by a
trade that shall enlighten and civilize her, and
repeople her solitary places with her restored
children, and Africa thus redeemed and res
cued from curse, and the world from its re
proach, shall vindicate the ways of God to
man."

Could these hopes have been realized
what inestimable blessings would not have

THE LAWYER 39

been bestowed upon both races and our
country?

As well as a large practice before the
courts, Mr. Key enjoyed an equally as
large and lucrative one before the Execu
tive Departments of the Government, es
pecially the War Department and the
General Land Office before which he prose
cuted and represented many claims for
claimants from every section of the coun
try, including Wisconsin, Missouri, Ar
kansas, South Carolina, Tennessee, and
Alabama. Land claims on behalf of both
white and Indian claimants, pension claims
on behalf of widows and orphans, salaries
and allowances due army and navy officers
and claims for provisions furnished the
army by different persons at various times.

Under date of June 6, 1835, W. E. Hallett
writes Mr. Key from New York recalling
that he had the pleasure of his acquaint
ance at Tuscaloosa, Ala., when he, Hallett,
was a member of the Alabama Legislature.
The object of the letter was to engage Mr.
Key to represent him during his absence
abroad in some matters pending at the
time before the Land Office. And again
over three years later, under date of
August 27, 1838, Mr. Hallett writes him
from Mobile to the effect that on behalf of
his, Hallett 's, friend, Joshua Kennedy, he

40 FRANCIS SCOTT KEY

is enclosing Mr. Key a check for one thou
sand dollars, with a view of retaining Mr.
Key's services for Mr. Kennedy, saying
that Mr. Kennedy requests him to attend
to his business generally, such as he may
have before Congress and the Supreme
Court, and that he wishes him not to take
any business against him. Coming as these
letters do from acquaintances made in Ala
bama while there upon a delicate and im
portant mission for the Government, there
could not possibly be a stronger testimo
nial of the ability and dignity with which
he conducted both the matter intrusted to
him and himself.

To consider at any length the numerous
cases would serve no good purpose. The
papers and correspondence are very vol
uminous. However, it may be mentioned
that one case he fought through two hear
ings before the Commissioner of the Land
Office, one hearing before the Attorney
General of the United States, to whom it
was referred, and then upon brief and let
ter before the Hon. Levi Woodbury, Sec
retary of the Treasury, and finally upon
bill in chancery before the Circuit Court of
the United States for the District of Co
lumbia. The case grew out of a contro
versy between adverse claimants of 640
acres of land lying between the Des Moines

THE LAWYER 41

and the Mississippi Rivers. Mr. Key -
clients, Samuel Marsh and others, claimed
title to the land by purchase from the half
breed Sac and Fox Indians under a treaty
made between the United States and the
Indians reserving title to the lands in the
Indians with the right to sell if they de
sired. The other claimants were the heirs
of Thomas F. Eeddick, who claimed title
under an old Spanish grant prior to the
treaty under which the United States ac
quired Louisiana, of which territory the
lands were a part. Albert G. Harrison and
Edward Brooks represented the Reddick
heirs. Both sides hotly contested the cause
and there appears to have been created
some little feeling between counsel. In a
letter to the Secretary of the Treasury, Mr.
Key, hi speaking of his opponent, Mr. Har
rison, says: "As to his patience bein.i:
exhausted and his passion excited, I have
nothing to say. This gives him, I presume,
no peculiar claims to consideration, though
it may seem to excuse in some measure the
passion of liis communication in which he
speaks of 'taking steps to show the country
the great injustice that has been done to
those he represents/ I should regret to
think that he expected to gain anything by
such an intimation. What have his clients
to complain of? What course has been

42 FRANCIS SCOTT KEY

taken with them that has not been taken
with all claimants whose claims are con
tested by conflictory claimants?"

In an opinion written entirely in his own
hand and signed, Mr. Key, under date of
February 12, 1839, says: "I have fully ex
amined all the documents and title papers
and evidences in relation to the claims of
the heirs of Thomas F. Eeddick to 640
acres, for which a patent has been recently
issued to them," and, continuing, "I con
sider the title to the half-breeds, or those
who have purchased from them, as unques
tionably a superior title and unaffected by
this patent — the holders under the half-
breeds should compel the holders of this
patent to bring an ejectment on it in the
territorial court, or they may at once file a
bill in equity in the same court to vacate
the patent."

The case is an extremely interesting one,
but the limits of this little volume will not
permit of a further discussion of it.

However, enough has been related of the
cases in which he figured to give a clear
insight into both his character and ability.

We find him courteous and properly gen
erous in his dealings with both his clients
and the attorneys with whom he is asso
ciated or opposed. Fearless of both men
and things because his conscience was ever

THE LAWYER 43

clear. Impetuous at times, perhaps, but
never without self-control. Respectful of
the opinions of others, at the same time de
manding the same of them, and intolerant
when denied. Earnest and energetic in all
he undertook. A hard student and an ex
cellent man and lawyer.

CHAPTER V.

The Statesman and Diplomat.

A statesman, rather than a politician,
Speaker Reed's definition to the contrary
notwithstanding, he believed, as he wrote
John Randolph, that a man had no more
right to decline public office than to seek
it.

In a discourse on education, delivered
February 22, 1827, before the Alumni of
St. John's College, in St. Ann's Church,
Annapolis, he points out the duty of the
state to its citizens in a fearless and most
remarkable manner:

"There are and ever will be," says he, "the
poor and the rich, the men of labor and the
men of leisure, and the state which neglects
either neglects a duty, and neglects it at its
peril for whichever it neglects will be not only
useless but mischievous.

"It is admitted that the neglect of one of
these classes is unjust and impolitic. Why is
it not so as to the other? If it is improper to
leave the man of labor uneducated, * * *
is it not at least equally so to leave the man of
leisure, whose situation does not oblige him to
labor, and who, therefore, will not labor, to
rust in sloth or riot in dissipation?

"This neglect would be peculiarly unwise in
a government like ours, luxury is the vice most
fatal to republics, and idleness and want of
education in the rich promote it in its most

44

THE STATESMAN AND DIPLOMAT 45

disgusting forms. Nor let it be thought that
we have no cause to guard against this evil.
It is perhaps the most imminent of our perils."

In view of some recent disclosures of the
riotous living of the uneducated sons of
some of our rich men, the prophetic truth
of this prediction is quite apparent.

A great lawyer, as we have seen, with re
markable oratorical powers in the forum
of legal debate, he was likewise, when occa
sion required, equally brilliant and con
vincing in the field of popular oratory. Al
though not caring to mix in with politics to
any great extent, nevertheless, when he
considered the good of a worthy cause de
manded his services he was prompt to take
the stump in its behalf. In this way he is
known to have stumped, not only his native
state, Maryland, but Pennsylvania and
Virginia also, and on such an occasion at
Frederick, Maryland, in paying an extem
poraneous tribute to his country, his great
mind, grasping the situation of the future
as well as the present, sounded a keynote
which, in the words of prophecy, ring even
more true now than then, a timely and
mighty warning. These were his words :

"But, if ever forgetful of her past and pres
ent glory, she shall cease to be 'the land of the
free and the home of the brave,' and become
the purchased possession of a company of

46 FRANCIS SCOTT KEY

stock jobbers and speculators, if her people are
to become the vassals of a great moneyed cor
poration, and to bow down to her pensioned
and privileged nobility, if the patriots who
shall dare to arraign her corruptions and de
nounce her usurpations, are to be sacrificed
upon her gilded altar; such a country may
furnish venal orators and presses but the soul
of national poetry will be gone. That muse
will 'Never bow the knee in mammon's fane.'
No, the patriots of such a land must hide their
shame in her deepest forests, and her bards
must hang their harps upon the willows. Such
a people, thus corrupted and degraded,

'Living, shall forfeit fair renown,

And, doubly dying shall go down,

To the vile dust from whence they sprung,

Unwept, unhonored and unsung.' ';

In appreciation of the trust and confi
dence which can be reposed in such sterling
qualities, President Jackson singled him
out for a mission to Alabama of the utmost
delicacy and importance.

In the early spring of 1832 the United
States made a treaty with the Creek In-
dians, under the terms of which the In
dians conditionally ceded to the United
States all their lands east of the Missis
sippi Eiver. By the provisions of the fifth
article of the treaty there was imposed
upon the United States three duties — first,
subject to the exceptions therein made, the
removal of all the settlers from the whole,
of the ceded territory; second, the survey

THE STATESMAN AND DIPLOMAT 47

of the country and location of the Indian
reservations therein ; third, for a period of
five years from the ratification of the
treaty the removal of all persons found
upon the reservations so located.

The manner of removal the government
found in an Act of Congress, approved
March 3, 1807, entitled "An Act to prevent
settlements being made on lands ceded to
the United States, until authorized by
law." The Act provided that intruders
upon the public lands should be removed
by the United States Marshal, aided by the
military, if necessary, acting under the or
ders of the President.

The tract ceded by the Creek Treaty
comprised nine southern counties of the
State of Alabama and contained, in addi
tion to the Indians, a population of nearly
three thousand white persons, emigrants
from North and South Carolina, Georgia,
Tennessee, and Kentucky, as well as from
other parts of Alabama.

Each county had its full quota of state
officials; and judges, magistrates, sheriffs,
notaries public and other officers were ap
pointed from among the settlers. All the
necessary and usual tribunals for the ad
ministration of justice and the preserva
tion of the peace were established and law
and order prevailed.

48 FRANCIS SCOTT KEY

Such was the situation during the sum
mer and early fall of 1833 when the United
States Marshal for the southern district of
Alabama, acting upon instructions from
the President, undertook the herculean
task of expelling an entire community pop
ulated by representatives of a thrifty and
determined race that so dearly loves the
sway of empire that it has never yet been
known to yield dominion, once acquired.

Besides, as is the way with the pioneer
settler, most, if not all, had exchanged
their means of transportation for imple
ments of husbandry and were without the
means to remove. Fairly prosperous, con
tented and happy, maintaining themselves
and their families by the tillage of the soil,
as a whole they disturbed no one and were
quick to resent their being disturbed.

Furthermore, the powers of the general
government not being as generally well
known and understood then as now, they
were very much inclined to dispute the
right of the United States to disturb them.

In their rights, as they understood them,
they were, in the main, supported by the
Governor of Alabama, the Honorable John
Gayle, who, in a lengthy letter to the Secre
tary of War, objected to the employment
of the military force to remove the settlers,
and without questioning the constitution-

THE STATESMAN AND DIPLOMAT 49

ality of the Act of Congress under which
the Marshal, aided by the military, was en
deavoring to enforce the stipulations of the
Creek Treaty, he argued that Congress in
passing the act did not contemplate a case
in which the ceded territory was situated
within the jurisdictional limits of a state
over which the administration of state
laws prevailed and within which were es
tablished her courts of justice and other
tribunals for the government of the people.

That the enforcement of the President's
orders, carrying with it, as it necessarily
did, the expulsion of all the settlers with
out discrimination would deprive the state
of all means of enforcing its laws within
the territory, thereby rendering the admin
istration of justice and the suppression of
crime impossible.

Furthermore, the treaty did not contem
plate the removal of the settlers who had
not wronged the Indians and who in set
tling upon the land solely for the purpose
of cultivation had no intention of claiming
title thereto.

In reply, under date of October 22, 1833,
the Secretary wrote the Governor that the
right of the state to extend its jurisdiction
over the ceded district was not questioned,
but the ownership of land and jurisdiction
over it were distinct questions.

50 FKANCIS SCOTT KEY

The United States in this instance, he
said, was a great land holder, possessing
under the Constitution the right to make
"All needful rules and regulations con
cerning their territory and property, ' ' and
that it had made a regulation by which in
truders on government lands should be re
moved, which regulation, in the employ
ment of the military force, when necessary,
acting under orders of the President, was
but repelling force with force and exercis
ing no more stringent measures than were
conceded to an individual under like cir
cumstances, and it could not be supposed
the government was less secure in its
rights.

He met the Governor's objection that the
enforcement of the President's orders de
prived the state of the means of maintain
ing law and order in a large part of its do
main with the suggestion that until the lo
cations could be made under the treaty it
would not be impracticable to attach the
whole of the ceded territory to one or more
of the organized counties of the state where
the public lands had been sold, ' l thus pro
viding for the complete exercise of both
civil and criminal jurisdiction, without in
terfering with the property of the United
States.'7

THE STATESMAN AND DIPLOMAT 51

The Honorable Clement C. Clay, then a
representative in Congress from Alabama,
in a letter to the Secretary of War, pointed
out a distinction between the case of set
tlers occupying public lands with the pre
sumed acquiescence of the government and
a mere trespasser, the former, he said,
could not be dealt with and treated as a
wrongdoer.

A fierce controversy ensued resulting in
open resistance to the Marshal, and upon
the United States troops, under command
of Major James L. Mclntosh, stationed at
Fort Mitchell, Alabama, being ordered to
assist in the removal of the settlers, a riot
resulted. Several towns were burned and
a settler named Hardeman Owen, was shot
and killed by a soldier. The entire frontier
was quickly in a terrible state of excite
ment.

Immediately indictments were found
against the Deputy Marshal, Austelle,
Lieutenant David Manning, and three pri
vates, charging them with the murder of
Owens, but upon the sheriff attempting to
execute the warrants and arrest the sol
diers, Major Mclntosh interposed, and the
warrants were returned into court in
dorsed "Not served for fear of being
killed. "

52 FRANCIS SCOTT KEY

An attachment for contempt of court is
sued against Major Mclntosh, being like
wise treated with contumely, the court im
mediately requested of the Governor a
sufficient force of militia to secure obe
dience to the mandates of the law and the
court.

Instead of complying with this request
the Governor enclosed all the papers in a
letter to the Secretary of War, with the
request that the President's attention be
directed to them, whereupon a truce fol
lowed.

The situation, however, aroused the
greatest indignation throughout the entire
country. A company of young men from
New York State, headed by J. VanVleck
and N. G. Eosseter, in a letter to Governor
Gayle, dated, Hudson, New York, Decem
ber 29, 1833, volunteered their military
service to the cause of Alabama. To the
Secretary of War were sent anonymous let
ters, in which the writers stated a Union
man within the ceded territory had no de
fense but his arms, and that they were
willing and ready to shoulder theirs in de
fense of the Constitution and the laws of
the United States.

Another such letter, dated Creek Nation,
December 10, 1833, stated that a General
Woodward was endeavoring to raise a

THE STATESMAN AND DIPLOMAT 53

company in defense of the intruders
against what they termed Federal bayo
nets, and the Deputy Marshal wrote the
Secretary of War confirming such rumors,
saying he had been reliably informed that
the militia had been ordered to hold them
selves in readiness.

On October 31, 1833, when the contro
versy was at its height, the Secretary of
War, by direction of the President, ad
dressed a letter to Mr. Key, informing him
that it was the wish of the President that
he repair to the district within the State of
Alabama ceded to the United States by the
Creek Indians and examine into the state
of things arising out of the government's
instructions for the removal of the in
truders.

He was further instructed, immediately
upon his arrival, to communicate with the
military officers, the Marshal, Deputy Mar
shal, and the United States Attorney for
the Southern District of Alabama, and in
form them that the government greatly de
sired to preserve the proper ascendency of
the civil authority, and that the military
officers were to follow the directions of the
Marshal, and both were to be governed by
his, Mr. Key's, advice in everything relat
ing to the execution of their duty. As
broad powers, it is submitted, as ever were

54 FRANCIS SCOTT KEY

given to a representative of our govern
ment. That lie was to advise them to sub
mit to all legal process from the state
courts and conduct their defense before
both the state and United States courts
whenever it became necessary.

Should he deem a proceeding before a
state court to be vexatiously conducted he
was to remove the case, if possible, to the
United States courts for determination,
and should any officer of the United States
be arrested by process from the state
courts while in the discharge of his duty,
he was to apply to the United States Dis
trict Judge for a writ of habeas corpus and
move for his discharge. In conclusion, he
was authorized, if he deemed it expedient,
to communicate with the Governor of Ala
bama and explain his instructions.

Mr. Key arrived at Fort Mitchell on the
eleventh day of November, 1833, and, as
we have seen, his instructions left him free
to act as he thought best. What evil con
sequences might not have ensued to the
nation had powers thus broad, at so crit
ical a moment, been entrusted to one less
capable and sincere it is impossible to say.
To his everlasting fame and credit, it
should ever be remembered, he so con
scientiously and diplomatically handled
the delicate situation that at the expiration

THE STATESMAN AND DIPLOMAT 55

of nineteen days from the date of his ar
rival he had the matter so well in hand he
was enabled to report to the Secretary of
War that he believed an amicable settle
ment could be effected in accordance with
the wishes of the President.

On December 16, 1833, upon the written
request of Governor Gayle, he wrote him
the terms of the general government, stat
ing that none other could be had.

Briefly, these were that the locations
would be completed by the fifteenth day of
the January following, and that the lands
lying outside of the reservations would be
released from the effect of the orders of
removal, while those settlers whose lands
were found to be within the reservations
would be accorded an option of purchasing
their lands from the Indians before being
required to remove. If the state would ac
cept these conditions the government
would suspend the further enforcement of
its orders until after the surveys of the lo
cations were made.

A couple of days later he received assur
ances from the Governor that the terms
were satisfactory, and a little later the fur
ther assurance that now that the state of
ficials understood the purpose of the gov
ernment the legislature would co-operate
in seeing that justice was done between the

56 FKANCIS SCOTT KEY

settlers and the Indians by the enactment
of a law making it penal for any person to
occupy land within which was located a
reservation without a title from the In
dians.

On December 18, 1833, less than six
weeks, it can be seen from the date of his
arrival, he set out for his home in the Dis
trict of Columbia, having accomplished the
full object of his mission without the ne
cessity of asking permission to concede a
single point in the negotiation of the set
tlement, and without having to resort to
the courts or other coercive measures.

The history of this most critical compli
cation is given somewhat in detail, that the
delicacy and importance of the situation,
being better understood, the great service
rendered his country at this juncture may
be fully appreciated. His negotiations
brought him frequently a guest to the home
of Governor Gayle, and Mrs. Gayle, in her
journal, has left some very interesting
glympses of the social side of the visit.
Among other things, she says: "Francis
Scott Key, the District Attorney for the
District of Columbia, is here at present for
the purpose of assisting to settle the Creek
controversy. He is very pleasant — intelli
gent you at once perceive. His counte
nance is not remarkable when at rest, but

THE STATESMAN AND DIPLOMAT 57

as soon as he lifts his eyes, usually fixed
upon some object near the floor, the man of
sense, of fancy, and the poet is at once
seen. But the crowning trait of his char
acter, I have just discovered, he is a Chris
tian."

As the author of America's national
song, his fame had preceded him. The
young ladies of Tuscaloosa, vieing with
each other, concocted many clever schemes
to gain for their albums a stanza or two of
original verse from the poet's pen.

One of these, Miss Margaret Kornegay,
the niece of Senator William R. King, con
ceived the idea of making a rhymed request
and prevailed upon Mrs. Gayle, who was a
clever poet herself, to write one for her,
which Mrs. Gayle did in the following
lines:

TO MR. F. S. KEY.

"Thanks, gentle fairy — now my album take
And place it on his table ere he wake,
Then whisper, that a maiden all unknown,
Claims from the poet's hand a trifling boon;
Trifling per chance to him, but oh! not so
To her whose heart has thrilled, long, long ago,
As his inspiring lays came to her ear,
Lending the stranger's name an interest dear.
A timid girl may yet be bold to admire
The Poet's fervor, and the Patriot's fire;
But 'tis not these — though magical their power
They cannot brighten woman's saddened hour,
And she, the happiest, has saddened hours,

58 FRANCIS SCOTT KEY

When all life's pathways are bereft of flowers,
And her bowed spirit feels, as felt by thee,
That to 'live always' on this earth would be
For her, for all, no happy destiny.
Poet and Patriot ! Thou may'st write for fame,
But by a tenderer and holier name
I call thee — Christian! write me here one lay,
For me to read and treasure when thou art
away."

The album, together with the verse, was
secretly placed on the table in Mr. Key's
room.

The stratagem worked well, and like be
got like, which was evidently expected.
The muse was awakened in his breast and
Miss Kornegay, in the stanzas following,
received the coveted contribution.

"And is it so? a thousand miles apart,
Has lay of mine e'er touched a gifted heart?
Brightened the eye of beauty? won her smile?
Rich recompense for all the poet's toil.
That fav'ring smile, that brightened eye,
That tells the heart's warm ecstacy,
I have not seen — I may not see-
But, Maiden kind ! thy gift shall be
A more esteemed and cherished prize
Than fairest smiles or brightest eyes.
And this rich trophy of the poet's power
Shall shine through many a lone and distant

hour:
Praise from the fair, how'er bestowed, we

greet ;
In words, in looks outspeaking words, 'tis

sweet ;

THE STATESMAN AND DIPLOMAT 59

But when it breathes in bright and polished

lays
Warm from a kindred heart, this, this is

I > raise.

We are not strangers ; in our hearts we own
Chords that must ever beat in unison;
The same touch wakens them; in all we see,
Or hear, or feel, we own a sympathy ;
We look where nature's charms in beauty rise,
And the same transport glistens in our eyes.
The joys of others cheer us, and we keep
A ready tear, to weep with those who weep.
Tis this, that in the impassioned hour,
Gives to the favored bard the power,
As sweetly flows the stream of song,
To bear the raptured soul along,
And make it, captive to his will,
With all his own emotion thrill.
This is a tie that binds us; 'tis the glow,
The 'gushing warmth' of heart, that Poet's

know.

We are not strangers — well thy lines impart
The patriot's feeling of the poet's heart.
Not even thy praise can make me vainly deem
That 'twas the poet's power, and not his theme,
That woke thy young heart's rapture, when

from far

His song of vict'ry caught thy fav'ring ear:
That victory was thy country's, and his strain
Was of that starry banner that again
Had waved in triumph on the battle plain,
Yes, though Columbia's land be wide,
Though Chesapeake's broad waters glide
Far distant from the forest shores
Where Alabama's current roars;
Yet o'er all this land so fair
Still waves the flag of stripe and star;
Still on the warrior's banks is seen,
And shines in Coosa's valley green,
By Alabama's maiden sung
With patriot heart, and tuneful tongue.

60 FBANCIS SCOTT KEY

Yes, I have looked around rne here

And felt I was no foreigner;

Each friendly hand's frank offered clasp

Tells me it is a brother's grasp:

My own I deem these rushing floods,

My own, these wild and and waving woods,

And — to a poet, sounds how dear! —

My own song sweetly chanted here.

The joy with which these scenes I view

Tells me this is my country too ;

These sunny plains I freely roam;

I am no outcast from a home,

No wanderer on a foreign strand,

'This is my own, my native land.'

We are not strangers: still another tie
Binds us more closely, more enduringly;
The Poet's heart, though time his verse may

save,

Must chill with age, and perish in the grave.
The Patriot too, must close his watchful eye
Upon the land he loves ; his latest sigh
All he has left to give it, ere he die.
But when the Christian faith in power hath

spoke
To the bowed heart, and the world's spell is

broke,

That heart transformed, a never-dying flame
Warms with new energy, above the claim
Of death t' extinguish ; — oh ! if we have felt
This holy influence, and have humbly knelt,
In penitence, for pardon ; sought and found
Peace for each trouble, balm for every wound ;
For us, if Faith this work of love hath done,
Not alike only are our hearts — they're one;
Our joys and sorrows, hopes and fears, the

same —

One path our course, one object all our aim ;
Though sundered here, one home at last is

given,
Strangers to earth, and fellow heirs of Heaven.

THE STATESMAN AND DIPLOMAT 61

Yes! I will bear thy plausive strain afar,
A light to shine upon the clouds of care,
A flower to cheer me in life's thorny ways,
And I will think of her whose fav'ring lays
Kind greeting gave, and in the heart's best hour
For thee its warmest wishes it shall pour.

And may I hope, when this fair volume brings
Some thought of him who tried to wake the

strings

Of his forgotten lyre, at thy command —
Command that warmed his heart, and nerved

his hand —
Thou wilt for one, who in the world's wild

strife

Is doomed to mingle in the storms of life,
Give him the blessing of a Christian's care,
And raise in his defence the shield of prayer."

CHAPTER VI.

The Star Spangled Banner.*

Having wantonly destroyed the Ameri
can Capital, "the seat of Yankee Liberty, "
as Cockburn termed it, the British, fearing
that the American troops, reinforced from
the surrounding country, would return
during the night to vindicate their wrongs
and punish the outrages, under cover of
darkness, the same evening, leaving their
campfires burning to conceal their move
ments, made good their retreat to their
ships in the Patuxent. Numerous strag
glers from their ranks now pillaged the in
habitants of the towns and farms of the
country through which the retreating army
passed.

At Upper Marlborough, a town situated
about sixteen miles from Washington on
the road leading to Benedict, especially
noted in that day for the refinement and
culture of its people, lived Dr. William
Beans, a highly respected citizen and
prominent physician.

On the afternoon of the succeeding day,
after the so-called battle of Bladensburg,

*The complete verse is to be found in the Appendix
62

THE STAR SPANGLED BANNER
Another View

THE STAB SPANGLED BANNER 63

the Doctor was entertaining several
friends, among them Dr. William Hill and
Mr. Philip Weems, at the spring house in
the garden in the rear of his residence,
when a party of these marauding strag
glers, dusty, tired and greatly belated,
having been caught and drenched in a ter
rific wind and rain storm, reported to have
been the severest experienced in years,
came into the Doctor's garden and intrud
ed themselves upon him and his little com
pany.

Elated over their supposed victory of
the day previous, of which the Doctor and
and his friends had heard nothing, they
were boisterous, disorderly and insolent,
and upon being ordered to leave the prem
ises became threatening. Whereupon, at
the instance of Dr. Beans and his friends,
they were arrested by the town authori
ties and lodged in the Marlborough jail.
One brawny fellow, however, succeeded in
making good his escape during the night,
regained his company, and reported the
arrest in a most exaggerated manner, stat
ing that they had been horribly maltreat
ed; that the Doctor had tried to poison
some of the men, and that those still in
custody were in peril of their lives.

Admiral Cockburn, vindictive by nature
anyway, and seeing in the case a good op-

64 FRANCIS SCOTT KEY

portunity for revenge, immediately de
spatched a squad of marines to Dr. Beans '
residence with orders to arrest him. They
arrived there about one o'clock in the
morning, breaking in the door of his resi
dence, dragging the Doctor out of bed,
hardly giving him time to dress, and
marched him, half clad, astride a bareback
mule, through the woods to the British
lines. Here he was refused a hearing,
placed in irons and imprisoned in the hold
of one of the British ships like a convicted
felon.

The news of the arrest and the rough
treatment of the Doctor quickly spread
through the town and naturally aroused
the greatest indignation. On the next even
ing Mr. Eichard West arrived at the resi
dence of Mr. Key in Georgetown, and
telling him of the arrest and treatment of
his fellow-townsman, explained that he had
called at the instance of the Doctor's
friends in Marlborough to say that, having
themselves failed in their efforts to secure
the release of the Doctor, being even re
fused permission to see him, they were
alarmed for his safety and thought it ad
visable for him — Mr. West — to call and
request Mr. Key to obtain, if possible, the
sanction of the Government for his going
to the British Admiral, under a flag of

THE STAB SPANGLED BANNER ().")

truce, to intercede for the Doctor's relra-
and it was hoped that Mr. Key would un
dertake the mission.

As may be readily imagined, this was
not an easy or pleasant undertaking, but
believing it to be his duty, Mr. Key cheer
fully complied. Sending his family to his
father's estate at Pipe Creek, Maryland,
he applied to the Department of State for
the necessary letters, and having received
them, on the morning of the 3rd of Sep
tember, 1814, left his home to go to Balti
more for the purpose of securing the co
operation of Col. John S. Skinner, the
agent of the United States for Parole of
Prisoners, at that port, afterwards a prom
inent editor and publisher and Assistant
Postmaster-General of the United States,
to whom he carried a letter from the De
partment, authorizing him to aid Mr. Key
in his efforts to secure the release of Dr.
Beans. Neither of them knew definitely
where to find the British fleet, but, suppos
ing it to be somewhere in the Chesapeake,
they set sail from Baltimore in the United
States cartel ship "Minden," in search of
it.

With our present-day facilities for rapid
travel and communication we are apt to
underestimate the hazards of such a jour
ney. We should not, therefore, forget that

66 FRANCIS SCOTT KEY

a trip from Washington to Baltimore, in
those days of stage coach travel was a
day's journey, and that a sail from Balti
more to the mouths of the Patuxent and
Potomac Rivers, a distance of over one
hundred miles, at which point they met the
British fleet, required all of two days un
der the most favorable conditions. If we
presume, therefore, that Mr. Key left Bal
timore, in company with Colonel Skinner,
on the morning of the 5th of September or
the morning of the next day after leaving
his home in Washington, he could not have
met the British fleet before the evening of
the sixth and possibly the morning of the
seventh, depending upon the winds. His
tory records that he returned to Baltimore
with the fleet, arriving at North Point on
the morning of the tenth, and that he was
not permitted to leave until the morning
after the bombardment of Fort McHenry,
which was the fourteenth. It will be seen,
therefore, to all intents and purposes, he
and his party were prisoners in the British
fleet for at least a week. From all accounts
this does not appear to be fully realized.
But to return to our narrative. Upon meet
ing with the British they were courteously
received by Admiral Cochrane, upon the
British ship " Surprise," but when Mr.
Key made known his mission he found the

THE STAR SPANGLED BANNER 67

Admiral in no mood to comply, and he was
frankly informed that as Dr. Beans had
been instrumental in inflicting the most
atrocious injuries and humiliations upon
the British troops and deserving the sever
est punishment, the British Admiral had
determined upon hanging him to the yard
arm of his vessel.

Exactly how Mr. Key at length prevailed
upon the Admiral and succeeded in carry
ing his point, if ever related, has never
been preserved. It is supposed that the
many and warm expressions of apprecia
tion for the kindnesses and careful treat
ment shown the wounded and suffering
British officers by Dr. Beans, contained in
letters from these officers to their com
rades, which Colonel Skinner now brought
and delivered, had much to do with Mr.
Key's success. However this may be, it
is not unreasonable to believe that if such
had been the sole cause more would have
been definitely known about it. Kecollect-
ing Mr. Key's strong personality, his affa
ble manner and frank sincerity, it is not
;'->imiiiiir at all too much to say that in all
probability his own eloquent and masterful
presentation of the case, in which he used
the fact of Dr. Beans' kindness to the
British to the very best advantage, as well
as the improbability, if not impossibility,

68 FRANCIS SCOTT KEY

of one enjoying the esteem and respect of
his neighbors to the degree that the Doctor
did, and, as Mr. Key now took occasion to
forcibly point out, could not possibly have
been guilty of the charges preferred
against him, had as much, if not more, than
all else to do with securing the release of
the noted Marlborough physician.

Having once accomplished the object of
their most unpleasant errand, the American
party would gladly have returned to their
homes. The Admiral, however, fearing
they had gained, by their presence within
his fleet, some information which might be
used to the detriment of his purpose, in
formed them that although he would re
lease Dr. Beans, they would have to be de
tained for a few days until after the deter
mination of an expedition which he was
about to make, assuring them at most it
would be but a short while. They accord
ingly remained aboard the British ship
"Surprise" until the arrival of the fleet at
the mouth of the Patapsco on the morning
of September 10th, when they were trans
ferred, under guard of British marines, to
their own vessel, the "Minden" and an
chored in a position from which they could
witness all that would transpire, that their
humiliation might be the more complete
from the victory which the British were

THE STAR SPANGLED BANNER 69

confident of acquiring over their country
men, within a couple of hours. With bated
breath and throbbing hearts, unconscious
of the glorious part their little expedition
was destined to play in the history of their
country, the lonely, distressed and anxious
little party of patriots, under the derisive
scorn of their captor 's guard, watched the
landing at North Point, a distance of
twelve miles from the city of Baltimore, of
nine thousand soldiers and marines under
the command of General Ross, prepara
tory to an attack upon their country.

The activity of the British now was
great — such an army could not be landed
and formed in position in a day. In fact,
from the time intervening between the
morning of the tenth, when the fleet first
appeared at North Point, until the morn
ing of the thirteenth, when the attack be
gan, it is shown three days were necessary.
During this time Mr. Key from the deck
of his prison ship had ample opportunity
to observe the movements of the enemy
and reflect upon the situation and the prob
able outcome.

The total rout of the militia at Bladens-
burg and the consequent horrors of the
burning of "Washington, events so very re
cent, were fresh in his mind, and now,
while watching these extensive prepara-

70 FKANCIS SCOTT KEY

tions for a similar attack on the principal
city of his native state, must have been re
called very vividly.

Only five days previous he had been in
that beautiful and progressive city whose
doom fate now seemed rapidly sealing. He
knew the comparative strength of its de
fenses, both by land and water, and was
also well aware that engaged therein were,
unfortunately, no such trained and hard
ened veteran soldiers as he saw landed for
its attack and destruction. At best a small
army of raw militia, similar to, and in fact
partly composed of that which had been so
easily routed at Bladensburg, was all there
was to meet and engage the intruders. The
boastful remark of General Eoss "that he
did not care if it rained militia, he would
take Baltimore and make it his winter
headquarters/' in the misgivings of the
awful moment seemed to savor more of
truth than bravado.

Under such trying circumstances the
most phlegmatic nature must have been
moved, while the imagination stands
aghast to conceive the sensations of his in
tensely patriotic one. Alternate fear and
hope spread alarm in his patriotic breast,
as he witnessed the landing of the last of
the British troops and saw them drawn up

THE STAR SPANGLED BANNER 71

in hostile array upon the shores of his
country.

The fleet now closed in upon the little
fortress, forming a semi-circle about two
and a half miles off its breastwork, from
which position of safety it could throw its
bombs and missiles of death and carnage
without being within reach of the Ameri
can guns. Under different circumstances
the maneuvers would have been grand to
witness, but now, to him so situated, their
terrors and horrors cannot be imagined, let
alone described.

Wafted by a calm September morning's
breeze came the booming of cannon and
the roar of rapid-firing musketry from the
direction of the road leading from North
Point to Baltimore, heralding the clash of
arms in a death struggle between the well
trained and serried ranks of the British
regulars and the gallant stand of a small
body of freemen in defense of their homes
and firesides.

From the harrowing thoughts of their
speedy and certain defeat and destruction
he turned witli faint heart to the little fort
crowning the promontory of Whetstone
Point. This little place, although light,
had some finely planned batteries mounted
with heavy guns, as Admiral Cockburn, on

72 FRANCIS SCOTT KEY

a previous visit had the pleasure and satis
faction of learning.

Its garrison of artillery was under the
command of Major George Armistead, U.
S. A., Judge Joseph Hopper Nicholson, the
brother-in-law of Mr. Key, was in com
mand of a volunteer battery of artillery,
ranking second in command of the fort.

Prompted by the same spirit of indis
cretion, vacillation and, it may even be
said, cowardice, as was largely responsi
ble for the sad fate of Washington, the Ad
ministration had sent Major Armistead
orders to surrender. The Major, however,
was of different material ; he had not been
accustomed to giving up without a fight,
and this brave and gallant officer, risking
the punishment and disgrace of a court-
martial as coolly as he fired at the British,
disobeyed his orders.

Early Tuesday morning, the thirteenth
of September, the British, keeping well out
of the range of the guns of the fort, began
their attack with six bomb and a few rock
et vessels. Major Armistead, fully cog
nizant that his forty-two pounders would
not carry as far as the enemy's guns, pa
tiently bided his time and waited for the
British to come within range, firing only
occasionally to let them know the fort and
garrison had not surrendered. The Brit-

THE STAB SPANGLED BANNER 73

ish, from their vantage point of safety,
pumped their heavy bombs upon the little
fortress with such rapidity, it is said,
"four or five bombs bursting in the air at
once made a terrific explosion. " Some of
these bombs were afterwards found intact
and weighed from 210 to 220 pounds.

From six o'clock in the morning, when
the attack began, until three in the after
noon, there was no change in the tactics of
the British. At the latter hour, however,
either tiring of their one-sided game or be
coming a little bolder, some few vessels
came nearer the fort and within range of
its guns. Its brave defenders, now having
the opportunity for which they had re
served their ammunition and waited were
not long in taking advantage of it. Open
ing fire with deliberate aim they literally
hailed shot and shell upon their antagon
ists, making it so hot for them that they
were glad to slip their cables and sail away
quicker than they came, "throwing their
bombs with an activity excited by their
mortification, ' ' as an eye witness chron
icles.

Again the fight was resumed from a dis
tance where the British could throw their
bombs upon the fort without getting within
range of its guns. As the afternoon waned
the cool, gentle breeze of approaching

74 FKANCIS SCOTT KEY

evening stirred the turbid atmosphere and
catching the folds of our flag, then droop
ing around its staff, unfurled it from its
proud position over the ramparts in a last
salute as it were to departing day. A shell
pierced the banner, tearing from its con
stellation, a star. Once more the gentle
winds of Heaven were kind — a slight tre
mor from the recoil — and the banner of
the free and the brave again floated out de
fiantly before the mouths of the English
guns, bathed in the delicate hues of the
"twilight's last gleaming " as the shroud
of night fell, closing from sight each float
ing stripe and star.

Unable longer to discern the movements
of the fleet, or see the flag of his country,
his comrades, worn and fatigued, retired
below. Not so with him, an instrument in
the hands of destiny — his sleepless anxiety
knew no rest. In the regularity of his
paces upon the deck were recorded those
patriotic heart throbs from which were to
come the genius of the song.

A resultant fortitude from a most sub
lime Christian faith alone sustained him
and sent that consolation of which he tells
us in his own beautiful words, "the rock
ets7 red glare and the bombs bursting in
air, gave proof through the night that our
flag was still there. "

THE STAR SPANGLED BANNER 75

Between two and three o'clock in the
morning the British, with one or two rock
et and several bomb vessels manned by
twelve hundred picked men, attempted,
under cover of darkness, to slip past the
fort and up the Patapsco, hoping to effect
a landing and attack the garrison in the
rear.

Succeeding in evading the guns of the
fort, but unmindful of Fort Covington, un
der whose batteries they next came, their
enthusiasm over the supposed success of
the venture, gave way in a derisive cheer,
which, born by the damp night air to our
small party of Americans on the "Min-
den," must have chilled the blood in their
veins and pierced their patriotic hearts
like a dagger.

Fort Covington, the lazaretto and the
American barges in the river now simul
taneously poured a galling fire upon the
unprotected enemy, raking them fore and
aft, in horrible slaughter. Disappointed
and disheartened, many wounded and dy
ing, they endeavored to regain their ships,
which came closer to the fortifications in
an endeavor to protect the retreat. A fierce
battle ensued, Fort McHenry opened the
full force of all her batteries upon them
as they repassed, and the fleet responding
with entire broadsides made an explosion

76 FKANCIS SCOTT KEY

so terriffic that it seemed as though Mother
Earth had opened and was vomiting shot
and shell in a sheet of fire and brimstone.
The heavens aglow were a seething sea of
flame, and the waters of the harbor, lashed
into an angry sea by the vibrations the
"Minden" rode and tossed as though in a
tempest. It is recorded that the houses in
the city of Baltimore, two miles distant,
were shaken to their foundations. Above
the tempestuous roar intermingled with its
hubbub and confusion were heard the
shrieks and groans of the dying and
wounded. But alas! they were from the
direction of the fort. What did it mean?
For over an hour the pandemonium
reigned. Suddenly it ceased — all was
quiet, not a shot fired or sound heard, a
deathlike stillness prevailed, as the dark
ness of night resumed its sway. The aw
ful stillness and suspense was unbearable.
"The hurley burley o'er and done" — the
battle both "lost and won," but how Mr.
Key did not know, or had he any means of
knowing. Was the last terrific display a
gallant final effort of his countrymen be
fore surrender? And were those cries and
shrieks the groans of his fellow American
patriots, whose hearts, like his own, lay
bleeding? 0 Mind of Man! dubbed thou
"the mistress of the world," can your

0

FAC SIMILE OF THE ORIGINAL DRAFT OF THE SONG

THE STAB SPANGLED BANNER 77

vainest thoughts conceive, or your imagi
nation picture, the fearful anxiety and
agony of this last supreme moment of ter
ror?

Scarcely thirty-five years of age, may it
not be safely said to his fair brow came its
first furrow; to his rich suit of waving
chestnut hair, its first strains of silver.
Who can say? A physical frame taxed to
the limit of its strength by long and anx
ious vigil ; nerves shattered and unstrung ;
a patriotic heart, overcome by emotion,
fearing to hope, could sustain him no lon
ger — exhausted he sank upon his pure
Christian soul, like a Eock of Ages, for
shelter and succor, murmuring to his God
the prayer, 0 Lord, God of Hosts! "The
power that has made, preserve us a na
tion. ' ' And thus in sweet communion with
his God we leave him for an hour or more,
until the break of day, for his proud spirit
and genuine modesty never disclosed, even
to his closest friends, anything of the awful
sensations which he experienced and suf
fered during this time.

Such of them as he cared to give the
world are found only in the lines of his
hymn, "The Star Spangled Banner."

Not even to his friend, John Randolph
of Eoanoke, to whom he wrote shortly
thereafter, does he mention them or even

78 FKANCIS SCOTT KEY

the fact of his having written the song. All
he says of his mission is as follows :

"You will be surprised to hear that I have
since then spent eleven days in the British
Fleet. I went with a flag to endeavor to save
poor old Dr. Beans a voyage to Halifax, in
which we fortunately succeeded. They detained
us until after their attack on Baltimore, and
you may imagine what a state of anxiety I en
dured. Sometimes when I remembered it was
there the declaration of this abominable war
was received with public rejoicings. I could
not feel a hope that they would escape and
again when I thought of the many faithful
whose piety lessens that lump of wickedness I
could hardly feel a fear.

"To make my feelings still more acute, the
admiral had intimated his fears that the town
must be burned and I was sure that if taken it
would have been given up to plunder. I have
reason to believe that such a promise was
given to their soldiers. It was filled with
women and children. I hope I shall never cease
to feel the warmest gratitude when I think of
this most merciful deliverance. It seems to
have given me a higher idea of the 'forbearance,
long suffering and tender mercy' of God, than
I had ever before conceived.

Never was a man more disappointed in his
expectations than I have been as to the char
acter of British officers. With some exceptions
they appeared to be illiberal, ignorant and vul
gar and seem filled with a spirit of malignity
against everything American. Perhaps, how
ever, I saw them in unfavorable circum
stances."

Shortly after the attempt of the British
to slip past the fort, which resulted so dis-

THE STAR SPANGLED BANNER 79

astrously to their forces and caused the
last terrible grand spectacular display,
word had reached the flagship of the fail
ure of their land forces and the death of
General Ross. On board which, the "Min-
den," or the flagship, greater depression
was felt, is a question too difficult to deter
mine. Such is war!

With the first approach of the gray
streaks of dawn, Mr. Key turned his weary
and bloodshot eyes to the direction of the
fort and its flag, but the darkness had giv
en place to a heavy fog of smoke and mist
which now enveloped the harbor and hung
close down to the surface of the water.

Some time must yet elapse before any
thing definite might be ascertained, or the
object of his aching heart's desire dis
cerned. At last it came. A bright streak
of gold mingled with crimson shot athwart
the eastern sky, followed by another and
still another, as the morning sun rose in
the fullness of her glory, lifting "the mists
of the deep," crowning a "Heaven-blest
land" with a new victory and grandeur.

Through a vista in the smoke and vapor
could now be dimly seen the flag of his
country. As it caught "The gleam of the
morning's first beam," and, "in full glory
reflected shone in the stream" his proud
and patriotic heart knew no bounds; the

80 FRANCIS SCOTT KEY

wounds inflicted "by the battle's confus
ion ' ' were healed instantly as if by magic ;
a new life sprang into every fiber, and his
pent-up emotions burst forth with an in
spiration in a song of praise, victory and
thanksgiving as he exclaimed :

"'Tis the Star Spangled Banner, Oh ! long may

it wave,
O'er the land of the free and the home of the

brave."

As the morning's sun arose, vanquishing
the darkness and gloom; lifting the fog
and smoke and disclosing his country's
flag, victorious, bathed in the delicate hues
of morn, only an inspiration caught from
such a sight can conceive or describe, and
so only in the words of his song can be
found the description.

The first draft of the words were emo
tionally scribbled upon the back of a let
ter which he carried in his pocket and of
which he made use to dot down some mem
oranda of his thoughts and sentiments.

Shortly after sunrise word was received
from the British Admiral that the attack
had failed and that Mr. Key and his party
were at liberty to go at pleasure. They
proceeded to Baltimore, and on the even
ing of the same day he wrote out the first
complete draft of the song. The next
morning, in calling upon Judge Nicholson,

SAMUEL SANDS
Who first set the song in type

THE STAR SPANGLED BANNER 81

Mr. Key related how he, in company with
Colonel Skinner and Dr. Beans, had wit
nessed the bombardment of the fort from
the deck of the "Minden," telling the
Judge some little of his trying experience,
and stating that on the morning after the
battle, upon seeing the flag still waving, he
had written a song, the draft of which he
then drew from his pocket and showed the
Judge, who was so impressed with its spir
it and beauty that he insisted upon having
it published immediately. He therefore
took it to the printing office of Captain
Benjamin Edes, on North Street, near the
corner of Baltimore, but the Captain not
having returned from duty with the Twen
ty-seventh Maryland Kegiment, his office
was closed, and Judge Nicholson proceeded
to the newspaper office of the Baltimore
American and Commercial Daily Adver
tiser, where the words were set in type by
Samuel Sands, an apprentice at the time,
"printer's devil, " but who in later life be
came associated with Colonel Skinner in
editing and publishing the American
Farmer. Mr. Sands' own version of the
part he took in first setting the words in
type is given in a letter written by him to
General Brantz on January 1, 1877. The
letter is a very long one, and only a por
tion is here given.

82 FRANCIS SCOTT KEY

"I will therefore premise that after the bat
tle of North Point and the ceasing of the bom
bardment of Fort McHenry, the British forces
retired from our shores, in their boats, to the
fleet lying in the river, and then proceeded
down the bay, leaving our city and its sur
roundings free once more from the dangers of
their incursions. Although there were a num
ber of regiments of militia hastily drawn from
the counties of our own state as also from the
neighboring states of Pennsylvania and Vir
ginia, yet the force which was sent to the front
to meet General Ross and his invading army,
which had affected a landing at North Point,
consisted almost entirely of the Baltimore city
regiments, who on the occasion met the veter
ans of Wellington's army and presented their
bodies as a bulwark to the first advance of the
invaders, a number of them giving their lives
to the defense of our fair city and for the pro
tection of their wives and daughters from the
consequences of the 'foe's desolation.' These
citizen soldiers, when the enemy had disap
peared from our vicinity took up their quarters
in and adjacent to the intrenchments and bat
teries erected for our defense upon Louden-
slagers hill, just eastward of the city borders,
where they remained for some short time until
all apprehension of the return of the British
fleet had been dissipated. Whilst thus located,
Mr. Thos. Murphy, one of the members of Capt.
Aisquith's First Baltimore Sharp Shooters, ob
tained leave of absence, and returned to the
city, and again opened the counting room of
the American which with all the other news
papers of the day, had suspended publication
for the time being, the editors, journeymen and
apprentices able to bear arms, being in the
military service. According to the best of my
recollection I was the only one belonging to the

THE STAR SPANGLED BANNER 83

printing office that was left who was not in the
military service, being then but fourteen years
of age, and not capable of bearing arms I
whiled away the time during the suspense of
the invasion in looking after the office and in
occasional visits to the 'boys' at the entrench
ments. After .Mr. Murphy's return, the manu
script copy of the song was brought to the of
fice — I always had the impression that Mr.
John S. Skinner brought it, but I never so
stated it as a fact, for I had no proof thereof,
but it was a mere idea and I never considered
it of sufficient importance to make inquiry
upon the subject from my old and valued
friend, Mr. Murphy, or from Mr. Skinner, who
was subsequently engaged with me in the edit
ing of my farm journal and who was the found
er thereof — but the letter of Judge Taney al
luded to above, proves that I was mistaken in
that matter — Mr. Skinner was a cartel agent
for our government in its intercourse with the
British fleet in our Bay and I took up the im
pression that he on his return from the fleet
had brought from Mr. Key the manuscript, but
Judge Taney gives the particulars of the exam
ination and copying of the song, in this city,
by Judge Nicholson and Mr. Key and remarks
that one of these gentlemen took it to the
printers.

When it was brought up to the printing of
fice my impression is, and ever has been, that
I was the only one of those belonging to the es
tablishment who was on hand, and that it was
put in type and what the printers call 'galley
proofs' were struck off previous to the renewal
of the publication of this paper, and it may be
and probably was the case that from one of
these proof slips, handbills were printed and
circulated through the city.

This is simply all the part which I had in
the transaction alluded to. Although the song

84 FKANCIS SCOTT KEY

obtained celebrity in a little time after it was
first presented to the world, yet the unimport
ant and very secondary consideration as to
who first printed and issued it was never
mooted, for probably fifty years thereafter,
when I was called upon by sundry persons to
give my recollections upon the subject which
called forth the responses in the several publi
cations alluded to already.

At the time I put the song in type, I was an
apprentice in the office of the Baltimore Ameri
can and lived in the family of Mr. Murphy—
and as this may probably be the last time I
will be called upon again to publicly allude to
the transactions detailed, I must ask to be
permitted here to bear my tribute to the worth
and excellency of character of my old friend.
He was, in the strictest sense of the term, a
gentleman of the most estimable character and
was ever held in the highest esteem by all who
enjoyed his acquaintance. He was with the
rest of the hands of the office and was at the
front in that gallant corps of riflemen, the
Sharp Shooters, which was pushed forward in
the advance of our little army to reconnoiter,
and it was to two of them (Wills and Mc-
Comas) the death of General Eoss was at
tributed, the smoke of their guns indicated
whence the fatal bullets came which killed the
gallant general and a volley from the escort of
Ross was poured into the copse of wood
whence the firing proceeded which caused these
two youthful heroes to bite the dust. Their
fellow citizens afterwards contributed a sum
of money to erect a monument to their memory
and a lot in the eastern section of the city was
appropriated for the purpose."
Yours with respect,

(Signed) SAML. SANDS.

THE STAR SPANGLED BANNER 85

Copies of the song were struck off in
handbill form, and promiscuously distrib
uted on the street. Catching with popular
favor like prairie fire it spread in every
direction, was read and discussed, until, in
less than an hour, the news was all over the
city.

Picked up by a crowd of soldiers assem
bled, some accounts put it about Captain
McCauley's tavern, next to the Holiday-
Street Theater, others have it around their
tents on the outskirts of the city, Ferdi
nand Durang, a musician, adapted the
words to the old tune of "Anacreon in
Heaven," and, mounting a chair, rendered
it in fine style.

On the evening of the same day it was
again rendered upon the stage of the Holi
day-Street Theater by an actress, and the
theater is said to have gained thereby a
national reputation. In about a fortnight
it had reached New Orleans and was pub
licly played by a military band, and
shortly thereafter was heard in nearly, if
not all, the principal cities and towns
throughout the country.

While inspiring and thrilling in every
line, unlike most national airs, America's
National Anthem is devoid of any foolish
sentimental loyalty or passionate appeal to
arms, but breathing a pure religious senti-

86 FKANCIS SCOTT KEY

ment of praise and thanksgiving for the
victory of the hour, it teaches and inspires
in generations to come a lesson of emula
tion for truly brave and gallant deeds
whenever " freemen may stand between
their loved homes and the war's desola
tion. "

Let it be added that the original flag was
made by Mrs. Mary Pinkersgill, assisted by
her daughter, Mrs. Caroline T. Purdy.
Owing to its immense size, Mrs. Purdy, in
a letter, states that permission to use the
floor of the malt house of Claggitt's Brew
ery in Baltimore was asked by her mother
and obtained, and says, Mrs. Purdy, "I
remember seeing my mother down on the
floor placing the stars/' Whatever our
friends, the prohibitionists, may think upon
learning this, let them remember that even
they for once must admit the floor of a
brewery was turned to good account. Mrs.
Purdy also states that " after the comple
tion of the flag she and her mother super
intended the topping of it, having it fast
ened in the most secure manner to prevent
its being torn away by balls."

The accuracy of the version herein given
of the arrest of Dr. Beans, as well as the
statement that Samuel Sands first set the
words of the Star Spanglend Banner in
type, seems to be questioned by Oscar

THE STAR SPANGLED BANNER 87

George Theodore Sonneck, Chief of the Di
vision of Music, Library of Congress, in a
book compiled by him, entitled "A Report
on the Star Spangled Banner, Hail Colum
bia, America, Etc.," 1909, issued as a gov
ernment publication and printed at the
Government Printing Office. It would ap
pear that he prefers to accept the version
that Dr. Beans was taken prisoner by the
British because of his unwarranted arrest
of the British soldiers when the Doctor was
in the state of intoxication due to having
imbibed too freely of "good punch." Suf
fice it to say that those who accept such a
view of the matter mistake entirely the
character of Mr. Key. He would never
have interested himself in Dr. Beans ' re
lease had such been the cause of the Doc
tor's arrest, for he had no sympathy for
those who bring trouble on themselves by
reason of their excesses. As for the state
ment that Mr. Sands first set the song in
type, his own letter, herein published,
wherein he states affirmatively that he did
so, and the circumstances he relates under
which he was called upon to set the song in
type, is a sufficient justification, and it
is submitted better evidence that the
claims of friends and descendants of others
anxious to gain some share in the honor
connected with writing and publishing the

88 FKANCIS SCOTT KEY

National Anthem. It is most unfortunate
that such errors should appear in a publi
cation bearing the official stamp of our gov
ernment.

OLD KEY HOME IN GEORGETOWN
In danger of destruction unless saved by the American People

CHAPTER VII.

The Old Georgetown Home

On old Bridge Street, now known as M
Street, one half block from what was for
merly the Aqueduct Bridge, stands to this
day an old colonial house, two stories and
irable roof, with dormer windows. To the
right of the house as you enter is a one-
story brick office. Entering the front door,
which is situated at the extreme left of the
building, one enters a large spacious hall
running the entire depth of the house at
the end of which is a door which led origin
ally into a large conservatory. Midway
the length of this hall is a large arch,
ascending just to the rear of which is a
colonial stairway leading to the stories
above. On the right of this hall are two
large spacious parlors, while in the base
ment below is the dining room, kitchen, and
1 'cold room" — a bricked-up room, with
brick floor, as well, used as a refrigerator
and pantry. In the second story are two
large bed rooms and large hall room, while

90 FRANCIS SCOTT KEY

the third floor contains four bed rooms.
The window panes are small, about four by
six inches in size, supported in heavy
sashes, as was the custom in the days of a
century ago. In this now old historic land
mark of the National Capital, Mr. Key
lived with his family for many years. It
was here that all of his children were born
and also where he resided at the time of
his memorable mission to the British Fleet.
The little brick office was his law office.
The general appearance of the place is
very different, of course, to-day from what
it was then. The one-time beautiful gar
dens in the rear of the house, which sloped
gracefully to the edge of the river, have
given way to building sites for large fac
tories, warehouses, etc., while Water Street
and the Chesapeake and Ohio Canal tra
verse them from side to side. However,
enough remains to bear witness as to what
the pace at one time was. During the past
two years the premises have been in the
possession of the Francis Scott Key Me
morial Association and kept open to the
public with a view of awakening sufficient
interest to make the raising of the neces
sary funds for the purchase and preser
vation of the home possible.

THE OLD GEORGETOWN HOME 91

The Officers of the Association include
the Hon. Henry B. F. Macfarland, Presi
dent; Admiral George Dewey, U. S. N.;
KVar Admiral Winfield S. Schley, U. S. N.,
retired, and others. It is to be hoped the
purpose may be speedily accomplished.

CHAPTER VIII.

In Conclusion.

In personal appearance Key was hand
some, his eyes were dark blue and his hair
curly, he wore neither beard or moustache,
and dressed simply. His manner was one
of quiet dignity, and he was kind and cour
teous to all. He was very domestic and
devoted to his home, wife and children.
Naturally with his artistic temperament he
was fond of elegant literature and of the
poets; Sir Walter Scott was his favorite.
He did not care particularly for Byron,
while the sentimental Tom Moore he
abhorred to the point of requesting his
wife to burn the copy of his poems con
tained in their library.

He possessed in a remarkable degree the
confidence of all who knew him. Gentle
men in writing to him to engage his pro
fessional services frankly state that they
do so because their friends have recom
mended him as one in whom the utmost
confidence could be placed. To such an ex
tent was confidence reposed in his profes
sional integrity that F. S. Lyon writes
92

IN CONCLUSION 93

from Demopolis, Alabama, requesting
him to engage the attorney to appear on
the opposite side of a case in which he was
counsel. "As you are engaged against the
claim of Follin," writes Mr. Lyon,
"I would be greatly obliged to you to re
quest Mr. Swann, or such other gentleman
of the profession as you may select, to rep
resent the interests of Follin's widow and
children. " Another of his clients writes:
"I have examined my business in the Land
Office entrusted to your care and am happy
to say that you have in every instance
strictly protected my interest, " while yet
another, anxious, no doubt, to frequently
hear from him admonishes, "For a lawyer
to please his clients you have no doubt
known that it is required that he should
frequently write them."

When his conscience was awakened to
the appreciation of an injury or injustice
he was quick to resent it, and yet, as he
himself wrote Bishop Kemp, he preferred
to follow quietly in his own course of
Christian duty without interfering with
others and to bear with meekness their in
terference with him.

He was the Eecorder of the City of
Georgetown for several years and fre
quently called upon by its citizens to pass
opinion upon drafts of proposed legisla-

94 FKANCIS SCOTT KEY

tion affecting their interests, both publicly
and privately.

In a letter to Eandolph written during
the early part of July, 1814, he writes ; the
courts had been broken up by a rumor that
the British were ascending the Patuxent,
and he, with others, marched to Benedict
to meet and engage them. Of adventures
by "land and flood" all he had to report
was being knocked down by a "bone of
bacon" and pitched over "my horse's head
into the river," but he says this was quite
enough for him, and adds he had seen
enough of the wars. As a youth, such ad
ventures evidently did not possess the
same terrors for him. It is related that
while a student at St. John's College he
amused his fellow students on one occasion,
to the edification no doubt of the faculty,
by jumping astride a cow and galloping
wildly about the campus upon the fright
ened animal's back. In after years, how
ever, he took life seriously enough, devot
ing himself largely to the interest of others.
Long before the slavery question was agi
tated he freed his slaves, and, as we have
seen, interested himself to no small extent
in trying to better the condition of the
colored race.

At Pipe Creek, upon the family estate,
Terra Eubra, he was wont to spend, with

IN CONCLUSION 95

his family, his summer vacations, a custom
he maintained as long as he lived.

Most of his verse was written spontane
ously and frequently scribbled on the back
of old papers and letters, as was the case
of even The Star Spangled Banner. It
would appear that just as the inspiration
struck him he would jot down his thoughts
upon anything handy. One little unpub
lished verse appears upon the back of the
rough draft of a proposed contract between
himself and a young law student anxious
to study law under him. It is as follows :

'Tis a point I long to know,
Oft it causes anxious thought,
Do I love the Lord or no,
Am I His or am I not?

On the whole he can without hesitation
be pronounced a man. His character in
spires and stimulates all who learn it to
emulate him in everything and to love no
bleness.

CHAPTER IX

Heaven Claims Its Own.

On a mid- winter's day, the llth of Jan
uary, 1843, within a gun's shot of the fort
whose stubborn defense will ever be per
petuated in the beautiful lines of his im
mortal verse, Heaven claimed its own, and
the Christian soul which had given the man
his great strength of character, found its
reward in the "full glory" of the life here
after.

It was while on a professional visit to
Baltimore, at the home of his eldest daugh
ter, Mrs. Charles Howard, that Mr. Key
breathed his last, upon which site now
stands the Mount Vernon Place Methodist
Episcopal Church. A few days later the
Honorable Hugh L. Legare, the Attorney
General, announced his death to the Su
preme Court of the United States on be
half of the Bar of that court, with the fol
lowing tribute :

"My acquaintance with the excellent man,
whose sudden death in the midst of a career of
eminent usefulness, public and private, and of
the most active devotion to the great interest
of humanity, we are now called upon to de
plore, was until a very recent period extremely

96

HEAVEN CLAIMS ITS OWN 97

limited. Hut short as was my personal inter
course with him, it was quite long enough tc
endear him to me in a peculiar manner, as one
of the most gentle, guileless, amiable and at
tractive hein-s with whom, in an experience
sufficiently diversified, it has been my good
fortune to act. Ardent, earnest, indefatigable
in the pursuit of his objects, and the perform
ance of his duties, eloquent as the advocate of
whatever cause he embraced, because his heart
was true and his sympathy cordial and sus
ceptible, decided in his conduct without one
particle of censoriousness or ascerbity towards
others; with the blandest manners, the most
affectionate temper, the most considerate tol
eration of dissent, the most patient acquies
cence in the decisions of authority, even where
he had the most strenuously exerted himself to
prevent them, his life seemed to me a beautiful
pattern of all that is lovely, winning and ef
fective in the charity of a Christian gentle
man."

Mr. Justice Thompson, in the absence
of the Chief Justice, Mr. Key's brother-in-
law, who, of course, was not present, re
plied in part as follows:

"Mr. Key's talents were of a very high order.
His mind was stored with legal learning, and
his literary taste and attainments were highly
distinguished, and added to these, was a pri
vate character which holds out to the bar a
bright example for imitation. The loss of such
a man cannot but be sincerely deplored/'

Under date of Cambridge, Mass., Maivli
25, 1843, Mr. Justice Story wrote the Chief
Justice as follows :

98 FRANCIS SCOTT KEY

"I was exceedingly grieved in hearing of the
death of Key. His excellent talents, his high
morals, his warm and active benevolence, and
his most amiable and gentle temper endeared
him to all who knew him. To you and Mrs.
Taney the loss is irreparable, and to the public,
in the truest sense of the word, a deep calam
ity."

Even so the flag of the free will ever be
his best memorial, for his praise will be
sung whenever and wherever are heard the
words of his song. To all generations the
departed patriot will thus make known the
true genius and inspiration of patriotism.

"I have been a base and grovelling thing,
And the dust of the earth my home,

But now I know that the end of my woe,
And the day of my bliss, is come.

Then let them, like me, make ready their

shrouds,

Nor shrink from the mortal strife,
And like me they shall sing, as to heaven they

spring,
Death is not the end of life."

—Key.

KEY MONUMENT AT GRAVE
Mount Olivet Cemetery, Frederick, Md.

APPENDIX

100 FRANCIS SCOTT KEY

THE STAR SPANGLED BANNER

O say ! can you see, by the dawn's early light,
What so proudly we hailed, at the twilight's

last gleaming?
Whose broad stripes and bright stars through

the perilous fight,

O'er the ramparts we watched, were so gal
lantly streaming;

And the rockets' red glare, the bombs bursting

in air,
Gave proof through the night that our flag was

still there;
O say, does that Star Spangled Banner yet

wave
O'er the land of the free and the home of the

brave?

On that shore, dimly seen through the mists of

the deep,
Where the foe's haughty host in dread silence

reposes,

What is that which the breeze, o'er the tower
ing steep,

As it fitfully blows, now conceals, now dis
closes?

Now it catches the gleam of the morning's first
beam,

In full glory reflected now shines in the
stream :

'Tis the Star Spangled Banner; O long may it
wave

O'er the land of the free and the home of the
brave !

And where are the foes who so vauntingly

swore

That the havoc of war, and the battle's con
fusion,

APPENDIX 101'

A home and n country should leave us no

more :

Their blood has washed out their foul foot
steps' pollution;

No refuge could save the hireling and slave

From the terror of flight, or the gloom of the
grave;

And the Star Spangled Banner in triumph
doth wave

O'er the land of the free and the home of the
brave !

O thus be it ever, when freeman shall stand
Between their loved homes and the war's
desolation ;

Blest with victory and peace, may the heav'n-

rescued land

Praise the Power that hath made and pre
served us a nation !

Then conquer we must, when our cause it is
just,

And this be our motto, "In God is our trust ;"

And the Star Spangled Banner in triumph
shall wave

O'er the land of the free and the home of the
brave !

10!

EKANCIS SCOTT KEY

HYMN

Lord, with glowing heart I'd praise thee

For the bliss thy love bestows,
For the pardoning grace that saves me,

And the peace that from it flows.
Help, O God! my weak endeavor,

This dull soul to rapture raise;
Thou must light the flame, or never

Can my love be warmed to praise.

Praise, my soul, the God that sought thee,

Wretched wanderer, far astray;
Found thee lost, and kindly brought thee

From the paths of death away.
Praise, with love's devoutest feeling,

Him who saw thy guilt-born fear,
And, the light of hope revealing,

Bade the blood-stained cross appear.

Lord! this bosom's ardent feeling

Vainly would my lips express;
Low before thy foot-stool kneeling,

Deign thy suppliant's prayer to bless.
Let thy grace, my soul's chief treasure,

Love's pure flame within me raise;
And, since words can never measure,

Let my life show forth thy praise.

APPENDIX 103

A KIDDLE.*

1 made myself, and though no form have I,
Am fairer than the fairest you can spy;
The sun I outshine in his mid-day light,
And yet am darker than the darkest night;
Hotter I am than fire, than ice more cold,
Richer than purest gems of finest gold,
Yet I am never either bought or sold;
The man that wants me, never yet was seen;
The poor alone possess me; yet the mean
And grudging rich oft give me to the poor,
\Yho yet are not made richer than before;
The blindest see me, and the deafest hear;
Cowards defy me, and the bravest fear:
If you're a fool, you know me; if you grow
In knowledge, me you will soon cease to know.
Get me — and low and poor thy state will be;
Forget me — and no equal shalt thou see.
Now catch me if you can — I'm sometimes

caught,
Though never thought worth catching, never

sought.

Am I still hid? then let whoever tries
To see me, give it up, and shut his eyes.

*The above conundrum in verse was com
posed by Mr. Key at a dinner party when the
company present after dinner were engaged in
asking and solving riddles. It was, therefore,
written upon the spur of the moment as is true
of most all of Mr. Key's poetry, including, as
we have seen, even the Star Spangled Banner.
The answer to the conundrum is, "nottihit/"
which when perceived demonstrated the clever
ness of the author.

104 FKANCIS SCOTT KEY

Inscription in St. John's Church. Georgetown :

JOHANNES I. SAYRS.

"'Hujus ecclesiae rector primus hie quo,
Christi servus, fideliter ministrabat,

Sepultus, jacet."

Here once stood forth a man who from the

world,

Though bright its aspect to the youthful eye,
Turned with affection ardent to his God,
And lived and died an humble minister
Of His benignant purposes to man.
Here lies he now; yet grive not thou for him,
Reader ! He trusted in that love where none
Have ever vainly trusted. Rather let
His marble speak to thee; and should'st thou

feel

The rising of a new and solemn thought,
Waked by this sacred place and sad memorial,
O, listen to its impulse! — 'tis divine —
And it shall lead thee to a life of peace,
A death of hope, and endless bliss hereafter.

THIS BOOK IS DUE ON THE LAST DATE
STAMPED BELOW

AN INITIAL FINE OF 25 CENTS

WILL BE ASSESSED FOR FAILURE TO RETURN
THIS BOOK ON THE DATE DUE. THE PENALTY
WILL INCREASE TO SO CENTS ON THE FOURTH
DAY AND TO $1.OO ON THE SEVENTH DAY
OVERDUE.

WG 12 194,

FEB ? - 1955

1999

•

;« ± V

*

""£* •QSil

APR 2 2 1Q74 8 2

M^a^./^v

/

REC'D CIRC DEPT MA\

,

SENT ON ILL

„„ 7 k flJQl

JUl. *•

*r« r-\f

U.C.BERW=LEY

LD 21-100m-7,'39(402s)

I

Smith, F.S.

£129197

K.

953
K44
S647

f

Francis Sc

ott Key

At

VUflJJL-

,

s jr^T^3

* /|

\

A

M1291S7

56V -7

•f

THE UNIVERSITY OF CALIFORNIA LIBRARY