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JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. Adams.)

J. M. VINCENT
H. HOLLANDER W. W. WILLOUGHBY

Editors

VOLUME XX

COLONIAL AND ECONOMIC
HISTORY

baltimore

Johns Hopkins Press

1902

THE JOHNS HOPKINS PRESS

ZU Bovb Qg>afttmorc (pvtee

The Fribdenwald Company
baltimore, md., u. s. a.

<fOL.73
)9oZ

TABLE OF CONTENTS

PAGE

I. Western Maryland in the Revolution. By B. C. Steiner 5
II-III. State Banks Since the Passage of the National Bank Act.

By G. E. Barnett 67

IV. Early History of Internal Improvement in Alabama. By

W. E. Martin 127

V-VI. Trust Companies in the United States. By George Cator 269
VII-VIII. The Maryland Constitution of 1851. By J. W. Harry . 387
IX-X. Political Activities of Philip Freneau. By S. E. Forman 473
XI-XII. Continental Opinion Regarding a Proposed Middle Euro-
pean Tariff-Union. By G. M. Fisk 575

WESTERN MARYLAND IN THE
REVOLUTION

Series XX No. i

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. ADAMS.)
J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

WESTERN MARYLAND IN
THE REVOLUTION

BERNARD C. STEINER, Ph. D.

Associate in the Johns Hopkins University
Librarian of the Enoch Pratt Free Library

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY

JANUARY, 1902

<£#e i;or& (§a(timott (pvtee

THE FR1EDENWALD COMPANY
BALTIMORE, MD.

WESTERN MARYLAND IN THE
REVOLUTION

The western frontier of Maryland advanced but little
beyond the head of the tide water until the sturdy German
settlers, coming down through the valleys of the Blue
Ridge, settled the fertile valleys of Frederick and Wash-
ington counties. With their arrival, about the year 1735,
a new and most important era opened in Maryland's his-
tory. Previously there had been no doubt concerning her
alliance with the South in her economic, social and political
life. This new and alien influence tended to join the
province closer to Pennsylvania, and, as Western Mary-
land became more and more populous and as the city of
Baltimore grew in commercial importance, largely through
the influence of the same German settlers, there came to
be a doubt in the minds of geographers whether Maryland
should be called a Middle or Southern State. The life on
the Western Maryland farms was far different from that
on the plantations of the Chesapeake Bay, and the people
of the latter had many economic, commercial and senti-
mental ties to England, of which the Westerners knew
nothing. After landing at Philadelphia, the Germans
passed down the fertile lands of Lancaster and York coun-
ties and settled all along the valleys as far as northern
Georgia. So many of them came that in 1748 Western
Maryland could be made a county, under the name of
Frederick. In this county was contained, down to the
Revolution, all Maryland west of Baltimore, Anne Arundel
and Prince George's counties.

The county was not entirely inhabited by Germans.
Scotch Irish had also gathered there. Scions of some of

6 Western Maryland in the Revolution. [6

the prominent Maryland families had followed Berkeley's
star of empire to carve out new fortunes for themselves.
Quakers of steady habits were dwelling in the eastern part
of the region. But outside of the lower section, what is
now Montgomery County, Frederick County in 1770 was
predominantly German. The settlers' husbandry was
varied and their fields brought forth hemp, flax, wheat, rye,
oats and Indian corn. In huge country wagons the sur-
plus crop went to Philadelphia and Baltimore. In addi-
tion to agriculture, manufactures sprung up on a small
scale. They made1 "linen goods, tow, thread; they
knitted long yarn stockings; they tanned their leather and
made horse collars and harness; they prepared honey,
firkined butter, dried apples, apple butter," etc., and these
products found their way to the port of Baltimore. Gov-
ernor Eden, in a letter to Lord Dartmouth ' said of
these German settlers : " They are generally an industrious,
laborious people. Many of them have acquired a consid-
erable share of property. Their improvement of a wilder-
ness into well-stocked plantations, the example and benefi-
cent effects of their extraordinary industry have raised in
no small degree a spirit of emulation among the other
inhabitants. That they are a useful people and merit the
public regard is acknowledged by all who are acquainted
with them." In the county were four or five settlements
which might be called towns. Georgetown, on the Poto-
mac, was an English town, and Skipton, or Old Town, on
the edge of the wilderness, was a settlement of the hardy
frontiersmen, who inhabited the extreme west. Frederick-
town, Elizabethtown or Hagerstown, and Sharpsburg
were, however, largely German settlements. Of the first
town, Eddis,3 writing to a friend in England just before
the outbreak of hostilities, states that it exceeds Annapolis

Scharf's Md., II, 61.

Jan. 29, 1773, Mass. Hist. Coll., 4th Series, Vol. X, p. 694.

Date of letter, Jan. 18, 1771, Letters from America, p. 98 ff.

?] Western Maryland in the Revolution. 1

in size and number of inhabitants, and that it possesses
numerous warehouses and stores. " The buildings, though
mostly of wood, have a neat and regular appearance.
Provisions are cheap, plentiful and excellent. In a word,
here are to be found all conveniencies and many super-
fluities." This prosperity he rightly attributes to the
Germans, whose " habits of industry, sobriety, frugality
and patience were peculiarly fitted for the laborious occu-
pations of felling timber, clearing land and forming the first
improvements." Sharpsburg was of small size and im-
portance, but Hagerstown, to which Jonathan Hager
vainly endeavored to give the name of his beloved wife,
contained " more than ioo comfortable edifices " * and did
credit to the " discernment and foresight " of its founder.
The events we are about to narrate proved that one of the
most faithful of their sons made no rash speech when he
said that these early German settlers " brought laborious
habits, virtuous lives, truthful tongues, unflinching cour-
age, an intense longing to do their duty to their families,
the community and the State." 5

With a strong desire for freedom and with no social
connection with Great Britain, they eagerly sprang forward
at the call to resist the British commands. Few of them
were Tories, and in all Western Maryland we find com-
paratively few who refused to sign the Association of the
Freemen of Maryland and enroll themselves in the militia
companies; unless they were Quakers, Mennonites or
Dunkers, and so had religious scruples.

The very children were patriots,8 and a nine-year-old son
of Capt. William Keyser begs " that God may prosper you
and your united Bretheren, in your laudable undertaking

* Letters from America, Eddis, p. 133. Hager wished it called
Elizabethtown.

6 Address of Lewis H. Steiner, Centennial Celebration in Fred-
erick Co., p. 35.

8 William Keyser to his father. Letter dated Hagerstown, Oct.
12, 1776. Scharf, W. Md., p. 1035.

Western Maryland in the Revolution. [8

and in the end crown you with the laurels of a complete
victory over the Enemies of the inestimable Rights, Liber-
ties, and Privileges of distressed America and hand them
down inviolate to the latest posterity. My Dear Father,
my greatest Grief is that I am incapable of military Service,
that I might enjoy the company of so loving a father and
serve my country in so glorious a cause, but, tho' absent
from you, yet my constant prayer is for your Safety in the
Hour of danger, your complete victory over the Enemies
of the United States of America and your Safe Restoration
to the government of your family."

In the struggle between Governor Eden and the popular
party over the fee question, Frederick was heartily with
the opponents of the proclamation, and we find an address
from the freemen of the county to Charles Carroll of Car-
rollton,7 thanking him for his " spirited, manly and able
opposition to that illegal, arbitrary and Unconstitutional
measure " of the Provincial Government.

They were no less active in passing resolutions of sym-
pathy with Boston and of non-intercourse with Great
Britain and the West Indies, until the act blocking up
Boston harbor should be repealed, and " the right of taxa-
tion given up on permanent principles " and not for ex-
pediency.8

The county was growing so populous that it was becom-
ing unwieldy and was preparing itself for a division into
three parts. The lower part met first9 at Hungerford's
Tavern, on June n, 1774, adopted resolutions and ap-
pointed a committee of correspondence of 10 members.
The middle district, gathering at the court-house in Fred-
ericktown, on June 20, under the chairmanship of John
Hanson, followed with resolutions of stringent non-inter-
course and with the appointment of a committee of corre-

7 Signed by the county's four delegates. Scharf's Md., II, 134.

8 Scharf's Md., II, p. 151.

9 Henry Griffith, chairman.

9] Western Maryland in the Revolution. 9

spondence of 15 members.10 The upper part of Frederick
County waited until July 2, when 800 of its principal in-
habitants assembled at Hagerstown," made John Stull
moderator, chose a committee of correspondence of 1 1
members and adopted resolutions, not only agreeing- with
what the other parts of the county had done, but also
approving of the plan of a Continental Congress and
promising to " adhere to any measure that may be adopted
by them for the preservation of our liberties." Believing
that the " surest means for continuing a people free and
happy is the disusing all luxuries and depending only on
their own fields and flocks for the comfortable necessities
of life," they resolve to kill no sheep, to begin to manu-
facture their own clothing, and not to drink tea till the
duty thereon be repealed. They next hang and burn Lord
North in effigy and open a subscription for the poor in
Boston.

A number of the " mercantile gentlemen " solemnly de-
clared they would send off what tea they had and would
purchase no more. Among these was a " certain John
Parks." He, poor fellow, seems not to have kept to this
agreement, and so, on November 26, was forced to " go
with his hat off and lighted torches in his hands and set
fire to the tea " which was " consumed to ashes amongst
the acclamations of a numerous body of people." The com-
mittee furthermore declared, that " friends of liberty "
ought to have " no further intercourse with Parks " and
add, with delicious naivete, to the account of the matter
which they send to the Maryland Gazette:12 " N. B. The
populace thought the measures adopted by the committee
were inadequate to the transgression and satisfied them-
selves by breaking his door and windows."

The way of the Tory was indeed hard., Robert Peter, a

10 Scharf's Md., II, 154.
u Scharf's Md., II, 155.
12 Dec. 22, 1774, Ridgely's Annals of Annapolis, p. 164.

10 Western Maryland in the Revolution. [10

merchant of Georgetown, was one of those to whom tea
was consigned as part of the cargo of the Mary and Jane,"
which arrived in St. Mary's river in August, 1774. On
hearing of this, the Committee of Correspondence met,
summoned him and other consignees before them and,
after hearing their statements, unanimously resolved, " that
the importation of any commodity from Great Britain,
liable to the payment of a duty imposed by an Act of
Parliament, is in a high degree dangerous to our liberties,
as it implies a full assent to the claim asserted by the
British Parliament of a right to impose taxes for the pur-
pose of raising a revenue in America." Therefore the
" detestable plant " must be " sent back in the same ship."
Of the meetings of these early committees of correspond-
ence we have no manuscript record extant.

The organization of a central committee of correspond-
ence for the whole county took place on Nov. 18, 1774,
when a meeting of the qualified voters was held at the
court-house. Men were then selected to attend the Pro-
vincial Convention, to carry into execution the association
agreed upon by the Continental Congress and to act as a
committee of correspondence.14 This last committee was
soon succeeded by an enormous Committee of Observa-
tion, chosen at the court-house on January 22, 1775. This
body numbered one hundred and fifty-four members, " with
full powers to prevent any infraction " of the Continental
Association and " to carry the resolves of the American
Congress and of the Provincial Convention into execu-
tion." 15 Any seventy-five of the committee were to be a
quorum to act for the county and " any five in each of the
larger districts " could " act in any matter that concerns
such Division only."

Western Maryland, though unsurpassed in her patriot-
ism and devotion to the common cause, was not anxious to

13 Scharf, W. Md., p. 127.

14 Twenty-eight in number.

15 Scharf, W. Md., I, 128.

11] Western Maryland in the Revolution. 11

break from Great Britain. In 1774, after the first Conti-
nental Congress, the magistrates and the grand jury of
Frederick County adopted addresses to the Provincial rep-
resentatives in that body. These papers offer sincere
acknowledgments to the delegates in the " Grand Conti-
nental Congress," 16 and express the warmest esteem and
gratitude for the regard manifested by that body for the
" interests, the rights and liberties of your country." But
the magistrates also praise the measures taken, because
" the whole of the proceedings of that important assembly
are so replete with loyalty to the king, with tenderness to
the interest of our fellow-subjects in Great Britain, and,
above all, with reverential regard to the right and liberties
of America, that they cannot fail to endear you to every
American and your liberty to your latest posterity." The
" loyalty to the king," which was still associated with " the
rights and liberties of America," was soon to be rudely
dissevered from it, and Thomas Price, who signed the
address, was to command a company of riflemen in the
intrenchments around Boston before another year should
pass.17

That was still in the future. Thomas Cresap, John Stull,
William Beatty, William Luckett, Edward Burgess, and
Upton Sheredine had as yet no difficulty in agreeing to
the praise of the Continental Congress, for its " councils
tempered with such filial loyalty to the Sovereign, such
fraternal delicacy for the suffering of our friends in Great
Britain, and, at the same time, with such unshaken zeal for
the preservation of the inestimable privileges derived from
our admirable Constitution." The men of Frederick were
neither wavering nor craven. Thev believed that " the re-

16 IV, Force's Archives, 1, 992, 993.

17 As late as November, 1776, the minutes of the County Court
Proceedings state that they were held in the " fifth year of the
dominion of the Hon. Henry Harford, Esq., absolute lord and
proprietary of the Province," and suits in the name of the Lord
Proprietary were brought against persons accused of crime.

12 Western Maryland in the Revolution. [12

suits of the Congress cannot fail to give weight and in-
fluence to the cause and must moderate and relax the
minds of our most poignant enemies."

The " most poignant enemy " was King George, and
when the men of Frederick discovered that fact, all " filial
loyalty " was lost and they girded themselves for the fray.

It will not be our purpose in this paper to discuss the
achievements of Frederick men outside of the county, but
the names of Thomas Johnson, first Governor of Mary-
land; John Hanson, President of the Continental Congress,
and Richard Potts, a member of that body, may well be
remembered.

The Convention of December i, 1774, appointed $10,000
to be raised for the purchase of arms and ammunition and
apportioned $1333 of that amount on Frederick County.
At the time of the choice of this large committee, in Janu-
ary, 1775, men were selected in each hundred of the county
to promote the subscriptions to this fund. These men
were directed to " apply, personally or by deputy, to every
freeman in their respective districts and to solicit a gen-
erous contribution." The results of this solicitation and
the names of those who should refuse were to be reported
to the committee of Correspondence at Fredericktown on
March 23.

At the same meeting, delegates to the next Provincial
Convention at Annapolis were chosen and preparations
were made for the choice of a new Committee of Observa-
tion. It was felt that the present unwieldy body was not
satisfactory and that " a more proper representation of
the people " should be had. To accomplish this, the col-
lectors in each hundred were " desired to give notice to
voters of the time and place of a meeting to elect members
to a Committee of Observation." The number of members
to be chosen from each hundred should bear some rela-
tion to its population and returns were to be made when
the results of the subscription were handed in. The new
committee should then meet and the present one be dis-

13] Western Maryland in the Revolution. 13

solved. Thus far the people had largely acted on their
own initiative; but, during the summer, the Provincial
Convention assumed more power and the committee
chosen in the autumn was elected, according to the regula-
tions laid down by the Provincial body.

For some reason, no new committee was appointed at
the time named,18 but the old one was continued until the
tall, when three committees were chosen for the three
districts into which the county had been divided. It was
beginning to be uncomfortable to be a Tory, and the
notorious Rev. Bennet Allen, who had complained a little
previously that his living was three years in arrears, was
summoned before the committee in June, 1775, and made
to produce for inspection one of his sermons.18

During the autumn of 1774 and the succeeding winter
collections were taken up throughout Frederick County
for the families in Boston " whose means of sustenance
have been so long and so cruelly cut off by an Act of
British Parliament." The people of Western Maryland,
though far distant from Massachusetts, considered " the
people of Boston as standing in the gap, where tyranny
and oppression are ready to enter, to the destruction of the
liberties of all America," and the Frederick men felt it to
be " the duty of every individual in America to contribute
as largely as his circumstances will admit to their support."
With wide liberality, therefore, they sent over £200 cur-
rency to Massachusetts and received thanks therefor from
Samuel Adams, chairman of the Boston Committee.20

When Thomas Johnson, of Frederick County, had nomi-
nated George Washington to be commander-in-chief of the
Continental forces and he had hastened northward at the
noise of Bunker Hill, the Maryland delegates in Congress
wrote to John Hanson, chairman of the Committee of

18 June 21, 1775, IV, Force's Archives, II, 1044.
" It was pronounced " not exceptionable."
20 Scharf, W. Md., I, 127.

14 Western Maryland in the Revolution. [14

Observation in Frederick County, that two companies of
expert riflemen were required to join the army at Boston
and be " employed as light infantry." The committee
met 21 on June 21 and resolved to raise the companies with
the following officers: Captains — Michael Cresap and
Thomas Price; Lieutenants — Thomas Warren, Joseph
Cresap, Jr., Richard Davis, Jr., Otho Holland Williams,
and John Ross Key. These companies, the first of the
famous Maryland line, " armed with tomahawks and rifles
and dressed in hunting shirts and moccasins," were so
hardy that, setting out from Fredericktown on July 18,
they arrived at Boston on the 9th of August, having made
the journey of five hundred and fifty miles over rough
roads in twenty-two days and without the loss of a man.
Being the first soldiers from the South to reach New
England, they excited much attention.22 These famous
marksmen did good service before Boston. One of their
leaders, Cresap, marched with death impending over him
and lived but three months from the time they left Fred-
erick; the other, Price, survived to make an honorable
record in subsequent campaigns. The companies were
incorporated in the rifle regiment commanded by Stephen-
son, of Virginia. After Stephenson's death, Moses Raw-
lings, of Old Town, became colonel, and the deeds of
Rawlings' regiment need not be repeated here.23 Mention

21 Scharf, W. Md., I, 130. The volume of Maryland Archives con-
taining Muster Rolls of Maryland troops, edited by Bernard C.
Steiner, has lists of three companies in the Flying Camp from
the Lower District on p. 73, five from the Middle District on pp.
73-74. and three from the Upper District on p. 73. Frederick
recruits in 1778 are named on pp. 294, 314, 320, 324, and those in
1780 on pp. 334 and 344. Montgomery County recruits in 1780 are
on p. 341, and Washington County ones on p. 346. Invalid pen-
sioners from Western Md. are on pp. 630 and 632. Select Militia
lists are on p. 652, deserters in 1778 on p. 327, and Capt. John
Kerschner's company guarding prisoners at Fort Frederick is on
p. 328.

22 Vide Maryland Papers published by the Society of '76.

23 Scharf, W. Md., I, 131.

15] Western Maryland in the Revolution. 15

must be made, however, of the major of the regiment, Otho
Holland Williams. The convention made him colonel of
the Frederick County battalion in the Flying Camp, but
he felt the lesser position was more suitable for him,24 and
participated in the gallant exploits of Rawlings' regiment.
Captured with his command and held prisoner for some
months, he was next appointed colonel of the Sixth Regi-
ment of the Maryland Line and led that gallant body on
many a Southern battlefield."

This is not the place to follow out the career of the
soldiers from Western Maryland. They could always be
depended on from the time they were formed into a bat-
talion in August,20 1775. The names of some of their
commanders come down to us through the years. Lodo-
wick Weltner, Upton Sheredine, George Strieker, Morde-
cai Beall, Peter Mantz,27 Thomas Richardson, Charles
Greensbury Griffith, George Poe, Thomas Frazer, Richard
Baltsell, James Ogle, John Murdock,28 William Keiser,
Richard Crabb, Lemuel Barrett, Daniel Cresap, Valentine
Creager, Zadock Magruder, Greenbury Gaither, Joseph
Chapelaine, Peter Hanson, and many others. German 29
companies,30 surplus companies, a battalion for the Flying81
Camp, riflemen for the mariners, companies for the Mary-
land line, militia companies to march to the aid of Wash-
ington, whatever of soldiery was needed for the common
cause was gladly furnished by Western Maryland. Of the

24 Md. Arch. Council of Safety, II, 104. Vide Scharf, Hist, of
Md., II, 264.

25 Osmond Tiffany's Otho Holland Williams, Md. Hist. Soc.
Pub.

20 Md. Arch. Jour. Council of Safety, I, 18.

27 Centennial of Montgomery Co., p. 32, gives names of officers
in Md. line from that county.

28 Nine companies, nearly one-quarter of the Flying Camp, were
from Frederick Co.

28 Council of Safety, I, 253.
30 Vide Council of Safety, II, 399.

81 Council of Safety, II, 92 and 330. Read the quaint letter of
Peter Mantz, Council of Safety, II, 185.

16 Western Maryland in the Revolution. [16

county militia, the chief officer was Thomas Johnson, the
first governor of the new State, who with noble self-denial
declined the command of the militia sent to Washington's
relief. He wrote to the Council of Safety: 32 " In a matter
of so much consequence, I shall frankly give my opinion
at every hazard, that it is not best to let our militia go out
under any provincial Brigadier. . . . None of the rest of
us have seen service and I fear we are not so competent,
nor will the men have the same confidence in either of us,
as in one who has had experience." The Council answer
that they leave it to his discretion to march or not,33 unless
Congress appoints another commander, which they hope,
in order that Johnson might take his " seat in that honor-
able Body, where you may be of great service at present."
Of such material were the officers and they commanded a
body of men like Sergeant Lawrence Everheart.34

The resolutions of Congress, calling out the militia, were
received in Frederick on the evening of December 19,
1776. The committee of the Middle District at once re-
solved, in language of noble firmness, " that the militia
ought to equip themselves in the best manner they are
able and march with all possible speed to Philadelphia and
be subject to orders of the commander-in-chief there, but
prudence directs that some be left behind," therefore, the
field officers shall select from each battalion, those whose
circumstances may render it most inconvenient to leave
home, to be kept on duty as a guard and to enroll them-
selves under officers to be appointed by the Committee.
Though zealous for the common cause, they were not
negligent of the care of matters at home, and to avoid
danger, directed that " every person capable of bearing

82 Dec. 19, 1776, Council of Safety, II, 541, 556. In his letters of
Dec. 22. and 24, Johnson seems to regret his declination, and
roused by the urgency of the situation to long for the command.

33 Montgomery Co. seems to have been quite slow to respond to
the call. Council of Safety, II, 558.

34 Vide Md. Papers, published by the Society of '76, p. 42.

17] Western Maryland in the Revolution. 17

arms and hitherto exempt from marching, for age or other
infirmities, now enroll to keep guard during absence of the
militia. The Committee think that from iooo to 12,000
men can march from Frederick County, if money be sent
by Congress to equip them. The Committee will do what
it can, but will not have guns for more than one-fifth of
the men." " Nothing could indicate more clearly the lack
of supplies. With great speed, notice was sent to the three
battalions of Washington and the two battalions of Mont-
gomery County. On the night of the 19th, a message was
sent for supplies to Congress, then sitting in Baltimore.
On the 21st,36 Congress voted $18,000 to equip the militia
of Western Maryland. On the 22d,SI the money was re-
ceived by the Frederick Committee. No time had been
lost, but there was still need of shoes,33 stockings, tents or
blankets. Johnson writes that the last named are especi-
ally needed and if sent, " may save a good many poor
fellows." Many commissions for the officers had failed to
arrive at Frederick. Johnson complained a second time of
this, in a letter written on Christmas " eve. He had not
yet received sufficient supplies, which " were never more
needed, than by those who now offer to turn out." But
the lack of necessaries did not deter the Frederick men
from doing their duty, even in the depth of winter. John-
son thought it would be enough, if half the militia went to
Washington's assistance, and that, if all should march, it
would " leave the country rather naked " ; but the courage-
ous Committee wished to have all the militia march.

At the opening of the Revolution, Frederick County was
growing so unwieldy that a speedy division was inevitable.
The first step toward this was taken by the Convention

35 V, Force Archives. III. 1288.
30 V, Force Archives, III, 1603.

87 V, Force, III, 1330. Congress highly approved of the zeal and
activity of the committee.

38 V, Force Archives, III, 1307.

39 V, Force, III, 1395; Md. Arch., Com. of Safety, II, 540.

18 Western Maryland in the Revolution. [18

on August 14, 1775, in its decree that, on the second Tues-
day of September, when the freemen of each county should
meet and elect the Committees of Observation, Frederick's
large committee of 53 men should be chosen not at one
place as in other counties, but in three places.40 The county
was now divided into three districts: the Lower one,41
corresponding with Montgomery County, should choose a
delegate to Convention, a Committee of Correspondence
of two members, and a Committee of Observation of
seventeen. In the Middle and Upper Districts two dele-
gates were to be chosen and an Observation Committee of
eighteen. The Upper District,42 probably from its remote-
ness, had no Committee of Correspondence, the Middle
District had one of three members.43 All these committees
served for a year.

This subdivision of the county was not satisfactory to
the frontier inhabitants, and, in response to their memorial,
on January 17, 1776, the Convention voted to create a
district, including all the county west of Licking river,
and directed the freemen in this district to meet at Skip-
ton44 to choose "one discreet and sensible freeman" as a
delegate and a committee of observation of 15 members.
This was done and, for several months, Frederick County
was divided into four parts, the Skipton District roughly
corresponding to the present Allegany and Garrett coun-
ties.45

For some reason, however, probably because of the scat-
tered character of its inhabitants, the Skipton District did
not remain separate from the Upper District, and on
August 31, 1776, the Convention gave leave to bring in an
ordinance to divide Frederick into three counties.™ The

40 Md. Archives, Coun. of Safety, I, 27-29.
"Poll at Hungerford's.

Poll at Elizabethtown (Hagerstown).

Poll at Fredericktown.

Old Town, Allegany Co.

Proceedings of Convention, pp. 46, 114.
0 Proceedings of Convention, p. 234.

19] Western Maryland in the Revolution. 19

ordinance was passed " on September 6, and decreed that
after October I, the Upper District should become Wash-
ington and the Lower one Montgomery County.48 Of the
record of the Committee of Observation of the Old Town
or Skipton District we know nothing save that Capt.
Lemuel Barrett was its chairman.

The Lower District49 (Montgomery County) has left us
but little more information as to its acts. The minute
book is apparently lost, but the one action of this com-
mittee known to us is more famous than any act of the
other three committees. The occasion was dramatic.
Independence hung in the balance. In May, 1776, the
Provincial Convention had voted that it was not expedient
to break away from the mother country. Should this vote
stand as the expression of the opinion of the people of
Maryland? Samuel Chase and Charles Carroll of Carroll-
ton said nay, and traveled from county to county to arouse
the people. In this they succeeded, and in one part of
the province after another, resolutions were adopted favor-
ing action with the other colonies towards declaring inde-
pendence. We shall see that the Upper District took
action; the Middle District, singularly enough, seems to
have held her peace; while the Lower District, through
its Committee of Observation, made a bold proclamation
of its views on June 17. Catching with joy at this sign of
popular support, Chase wrote to John Adams on the 21st:
" Read the papers and be assured Frederick speaks the
sense of many counties." 50 So did she, and seven days later
the province resolved to be independent. These were the
resolutions which were so unanimously passed by the Com-

" Proceedings, pp. 242, 271, 344. On Oct. 11, part of Prince
George's county petitioned to be annexed to Montgomery and that
the county seat be Georgetown.

48 The Middle District included part of the present Carroll Co.

49 IV, Force Archives, III, 694, gives the list of members of the
committee chosen on Sept. 12, 1775-

60 J. Adams' Works, IX, 412.

20 Western Maryland in the Revolution. [20

mittee:51 "Our sole and primary intention in appointing
Delegates to meet in convention was to regulate the mode
of opposition, necessary to be made by us internally against
the arbitrary machinations of the British ministry, and to
appoint delegates to meet our sister Colonies in Congress,
to recommend such measures as, by a sense of the majority
of the Colonies, would best secure the natural and inherent
rights of the people." The resolutions were no less in
favor of union. " What may be recommended by a ma-
jority of the Congress, equally delegated by the people of
the United Colonies, we will, at the hazard of our lives
and fortunes, support and maintain and that every resolu-
tion of Convention, tending to separate this Province from
a majority of the Colonies without the consent of the peo-
ple is destructive to our interest and safety and big with
public ruin."

Complaint was made that the proceedings of the Con-
vention had been secret, and the Lower District states
that " a knowledge of the conduct of the representative is
the constituent's only principal and permanent security."
Therefore they " claim the right of being fully informed
therein, unless in the secret operations of war," and " shall
ever hold the Representative amenable to that body, from
which he derives his authority."

The desire for a new and permanent constitution and
the distrust of the Convention caused the Committee to
urge the necessity of the separation of the powers of
government and to state " that, in all counties where the
power to make laws and the power to enforce such laws
is vested in one man or in one body of men, a tyranny is
established." In fine, the Committee's theory of the gov-
ernment is " that all just and legal government was insti-
tuted for the ease and convenience of the people and that
the people have the indubitable right to reform or abolish

"Jonathan Wilson. Chm.; Simon Nichols, Clk. IV, Force
Archives, VI, 933.

21] Western Maryland in the Revolution. 21

a government, which may appear to them insufficient for
the exigency of their affairs."'

When men spoke thus, the final rupture from England
was at hand. The Committee of Observation for the
Upper District was also chosen, on September 12, 1775,
and organized two days later, electing John Stull, Presi-
dent, and Samuel Hughes, Secretary." It served until
November 25, 1776, when a new committee was chosen.
The second committee was composed of much the same
men as the first and continued to exist until March 3, 1777,
when the State Government being fully organized, the
Committee " adjourned forever, Amen," as the record has
it. The record book, now in the possession of the Mary-
land Historical Society, has been twice printed in part, once
for patriotic purposes in 1862, edited by the Hon. J. V. L.
Findlay, and again in Scharf's History of Western Mary-
land/3 This Committee was more fiercely radical than the
Middle District Committee, and when the Convention of
the Province passed resolutions laudatory of Gov. Robert
Eden, the Committee was much disturbed. On June 25,
1776, a week later than the Lower District, it unanimously
resolved that those proceedings of the convention were
unsatisfactory to it and that they be laid before " the good
people of this district, when they meet in a battalion on
Friday and Saturday next." A subcommittee was ap-
pointed to draft resolutions to be submitted to the Com-
mittee and the militia.04 The resolutions were adopted.
They recite as grievances that " the legislative, executive
and judicial powers in this Province are at present exer-
cised by the same body of men "; that " the administration
of justice is confused and uncertain, places of the most im-
portant trust held by persons disaffected to the common

M Scharf, Hist, of Md., II, 185.

03 Vol. I, p. 133.

M Resolution brought in on June 28, amended, submitted to the
people, adopted by them on the 28th and 29th, and ordered to be
printed.

22 Western Maryland in the Revolution. [22

cause of America, the transactions of the Convention car-
ried on in a secret manner," and that while the recommen-
dations of Continental Congress were " unregarded " and
" propositions of the utmost importance were determined
without consulting the people."05 They complain of the
" adulatory address presented to Governor Eden, suppli-
cating his interposition with a people that has hitherto
treated our just petitions with the greatest contempt," and
state that all the above-mentioned matters have " very
much alarmed the good people of this district and filled
their minds with deep concern for the honor and welfare
of this Province in particular and the United Colonies in
general." Because of these facts they declare the " pres-
ent mode of government . . . incompetent to the exigencies "
of the province and " dangerous to our liberties." Being
willing to " support the union of the colonies with our
lives and fortunes," they wish the present convention to
be dissolved and a new one immediately elected to declare
independence.

The slow measures of the majority in the State still
distressed the Committee in December, when they peti-
tioned the Council of Safety to call the General Assembly
immediately, " that a speedy establishment of the new
government may take place for the support and good main-
tenance of peace and good order." Among the early acts
of the committee 6B were resolutions authorizing Henry
Shryock and James Chaplain to enroll companies of minute
men and appointing a committee to license suits.57 The
record book shows that this committee performed its duty
well and, doubtless, all the business of the courts passed
under their vigilant eyes. The Association of the Freemen
of Maryland was speedily given into the hands of a tried
man in each hundred, who should carry it to all freemen
resident in his district.

55 /. e., respecting independence and the seizure of Gov. Eden.
BB Sept. 18, 1775.
57 Oct., 1775-

23] Western Maryland in the Revolution. 23

As this document bound its signers to defend the patri-
otic cause by arms, as well as by their influence, the
Quakers, Dunkers and Mennonites declined to sign it, or
to muster in the militia. The Committee felt " that it is
highly reasonable that every person who enjoys the benefit
of their religion and protection of the laws of this free
country ought to contribute, .either in money or military
service, towards the defence of these invaluable rights."
They were of the opinion that " those who are prevented
from mustering because of religious scruples would render
an equivalent by paying two shillings and sixpence per
week." M The enrollment and signing went on slowly, and,
on March 4, 1776, the captains of each hundred were
ordered to take an association paper to the people of their
hundreds and to make record of those who refuse to sign,
with their reasons for so doing. This was done, and, on
April 29, the " several returns of non-enrollers and non-
associators " were considered. These men were then sum-
moned to appear on May 7 and show cause why they do
not enroll and associate and " why they should not be
fined and compelled to deliver up their fire arms except
pistols." Already men had found it perilous to oppose
the Association;"9 one60 had been put under a guard of
six men until he could be sent to the Council of Safety for
trial, or would " sign the association, enroll into some
company, ask pardon of this committee and give good
security for his good behaviour for the future." Two
other troublesome Tories,61 who spoke " unbecoming words
against the association " had been brought before the Com-
mittee, " acknowledged their fault and signed."

On the appointed day, some were excused, but the most

08 Vide Proceedings of Convention, Dec, 1775.

M Nov. 11, 1775, John Swan appealed to the committee that John
Shryock had aspersed his character by saying he was an enemy to
America. Shryock was called in, and not substantiating his charge,
Swan was honorably acquitted.

60 March 4, 1776.

01 March 18, 1776.

24 Western Maryland in the Revolution. [24

either did not appear or could not give satisfactory rea-
sons. They were therefore ordered to pay a fine within
a month and to deliver up their fire-arms, except pistols,
to the persons appointed to receive them.62 The Men-
nonites and German Baptists petitioned that they might
give produce instead of cash for their fines and the Com-
mittee recommended this to the Convention.

From time to time we catch glimpses of contumacious
persons,03 who were accused " of expressing sentiments
inimical to the liberties of America and advising Captain
Keller's company to lay down their arms," or of " being
an enemy to the liberty of America." ft When the charges
were proved, the penalty would consist of a severe repri-
mand by the chairman, a public acknowledgment of their
faults, the signature of a recantation, and payment of all
expenses " accruing upon their apprehension and guard
during the time of their confinement." The last was an
almost indispensable preliminary to a discharge.65 The
Committee did not intend that the public purse should be
drawn upon for the maintenance of Tories under guard.

62 Persons were appointed and full instructions given them, May
9, 1776.

63 June 28, 1776.

64 July 7, 1776.

65 The especial case referred to above was that of Captain Jacob
Kerr and Henry Worrel (Aug. 17, 1776). Their recantation stated
that they " acknowledge to all friends of American liberty, that we
have used expressions inimical to the liberties of America; that we
do hereby publicly acknowledge our faults, expressing our sincere
sorrow for our evil and malicious conduct and do promise, engage,
and pledge our honors to conduct ourselves in a regular manner
for the future; never acting, saying or doing, or, to our knowledge,
suffering or permitting any thing to be said or done prejudicial or
inimical to American liberty, but will, forthwith, to the utmost of
our power, oppose every enemy thereof." See also the case of
David Meek, Dec. 24, 1776; Christian Eversole, Dec. 18, 1776;
Michael Peter, Jan. 16, 1777, Feb. 1, 1777. John Funday, charged
with " speaking sentiments inimical to the United States," did so
when " excessively drunk." Before and since he had spoken as a
friend to the common cause. He is discharged on paying costs.

25] Western Maryland in the Revolution. 25

One case received somewhat different punishment.6" The
culprit failed to sign the association or deliver up his fire-
arms until November 24, 1776. For this he was fined,
and inasmuch as he was charged " with altering a public
newspaper, by making the number of the American army,
in an attack upon their right wing, appear to lose 5000
men instead of 500, he was ordered to give bond, in the
penalty of fiooo, to appear to answer that charge, or be
sent under safe guard to the Tory Gaol in Frederick, to con-
tinue there until the meeting of the General Assembly."87

The Upper District had no jail of its own until that sec-
tion was made a separate county. On December 22, 1776,
the Committee resolved that the stone stable on Captain
Hager's lot should be immediately fitted up in a good and
substantial manner for the reception of the Tories. The
first sheriff of the county had not yet been commissioned,
but there was " no place of security in this County for con-
fining persons disaffected to this State and the Tory Gaol
in Frederick town is at present much crowded." There-
fore the Committee took action at once, and a month later,
when a man was brought before them charged with having
lodged and secreted his son, a deserter from Captain
Fames' company, the prisoner could be ordered in safe
" custody to the Tory Gaol of this County," cs until he shall
produce that son. Two days before this action, the Com-
mittee had made a general resolve in this matter,"9 which
was evidentlv causing trouble. " All those, who have put
such of their sons, as have enrolled with any captain of the
militia, out of the way or suffered them to conceal them-
selves from their officers, shall call them home as soon as
possible and deliver them to some of their officers, or to

60 Capt. Samuel Finley. Dec. 18, 1776, he was sent to Frederick.
07 He should pay for support there five shillings per day to the
officer of the guard and three and nine pence to each private.
""Jan. 2i, 1777. Vide Jan. 23.
09 Jan. 19, 1777.

26 Western Maryland in the Revolution. [26

this Committee, otherwise to suffer the consequences of
such neglect." 70

At least one father came before the Committee and
made it appear that " he had used his utmost endeavors
to apprehend his son," n a deserter, " but could not pos-
sibly perform the same." He was made to give bond of
£1000 to appear before the Committee, when called upon,
to use " all possible means to apprehend " his son, and to
deliver him if found. Other Tories received due punish-
ment for " having damned the Congress, General Washing-
ton, and the Committee and wished success to King George
and the Royal Family," 72 or for " drinking the King's
health and expressing sentiments against the good of the
State."

There were two brothers,73 who were always in hot
water, and when they acknowledged that they had spoken
and acted in a manner inimical to the cause,7* they were
ordered to be kept under guard, until the militia should
march and then to be taken to camp. The brothers pleaded
that their stock must inevitably perish for want of attention,
if both of them were to be thus forcibly enlisted, and the
warm-hearted Committee permitted one of them to remain.
Forcible enlistment, however, is not a good way to make
soldiers, and we are not surprised to find that the second
brother deserted from the militia and was brought before
the Committee before the month was out.75

The Dunkers and Mennonites were obliged to pay their
fines in December, and £206, 10s were collected from this
source. An opportunity was, however, given to non-com-
batants to avoid paying fines. The young men of these

70 For instances of exemption from this resolve, see proceedings
for Jan. 20, 1777.

71 Feb. 8, 1777- 72 Feb. 22, 1777.

73 Dec. 27, 30, 1776; Jan. 2, 1777.

74 The Gainsbergers, Dec. 30, 1776; Jan. 2, 4 and 23, 1777. Vide
Jan. 6, 1777; also Jan. 7, 9. The usual fine for non-enrolling was
£10. See Jan. 11 and 17, 1777; Feb. S, 1777.

76 Peter Gainsberger. He was to be kept in close confinement in
the Tory Gaol until the return of the militia. Vide Feb. 4, 1777-

27] Western Maryland in the Revolution. 27

peaceful sects were " requested to march with the militia,
in order to give their assistance in intrenching and helping
the sick, and all such as will turn out voluntarily agreeable
to the above request shall have their fines remitted." "

During the winter of 1776 and 1777, Tories seem to
have been much more plentiful than before and the neces-
sity of punishing them and providing for the army in the
field caused the Committee to hold almost daily meetings.
Men were brought before them " charged with drinking
the King's health and success to Lord and General Howe
and the British army," " and with saying that " the King
would have the country before the middle, of June next,"
and that " if he should be put in confinement at Elizabeth-
town, he valued it not, for Lord Howe would soon release
him." We must remember that, at the time this was
done, Washington was just gathering his forces together
for his crossing of the Delaware, and the country was
passing through the times that tried men's souls., This will
account for the boldness of the Tories and for the activity
of the Committee.78 One man was put in custody and kept
there till he should give security that he would " neither
say nor do anything inimical to the United States." The
next day he volunteered in the Continental service and
was released from prison.

Another man published Lord Howe's declaration and
other reports inimical to the United States.79 He was put
under safe guard till he produce the declaration and give
bond for good behavior. Two more Tories publicly 80 said
that they were determined not to march. " Go to the Tory
Gaol," say the Committee, " until a proper guard can be

70 Dec. 22, 24, 1776. "Jan. 13; Jan. 14; Jan. 20, 1777.

78 By vote of Jan. 3, 1777, the Tories in custody were each allowed
one pound and an half of bread per day. Bread and water were
thought good enough for them.

79 Jan. 15, 1777.

80 Jan. 17, 1777. Vide David Hillen, Jan. 14, 1777. The latter
had his apprentice enlist and was excused (Jan. 15). An instance
of a proxy which failed was that of Ignatius Sims, who gave in

28 Western Maryland in the Revolution. [28

procured to march you to your respective companies."
There was no laxity in the measures of the Committee of
Washington County. Neither was there undue sternness,
and when deserters from Captain Evan Baker's company
were brought before the Committee on February 6, 1777,
and agreed to march to their companies at camp, they were
allowed to do so, provided they give security to appear
when called for.81

The raising and equipment of the militia occupied much
of the Committee's attention. Minutest details received
great care, and the officers were held to rigid accountability
for what they received."2 Nominations for officers of the
companies and the battalions which they raised were made
to the Council of Safety and to the Continental Congress.
Poor and sick soldiers of the Flying Camp were provided
for by the Committee,83 and quarters for recruits and sol-
diers were furnished. In one instance,84 the Committee
offered to bury a poor soldier in a decent manner, at its
expense, but the generosity of the citizens of Hagerstown
prevented the necessity of this. When the winter cam-
paign of 1776 and 1777 came on, with the pressing need
of the Continental Army and the threatened insurrection
on the Eastern Shore, the Committee ordered all militia
to march, even those who were members of the Flying
Camp.

Hagerstown was a busy place at this time. On Decem-
ber 30, 1776, the Committee sent all the militia of the
county to Washington's assistance, to remain in service
until March 15, unless sooner discharged. It was one of
the miserable short enlistments which so distressed Wash-

the name of John McKee. The latter came before committee on
Jan. 27, 1777, and said he turned out on Battalion Day voluntarily
without agreement with Sims. Ordered that McKee march for
himself and not for Sims.

81 Vide Feb. 8, 1777. Payment of Capt. Andrew Linck's expenses
pursuing deserters.

82 E. g., case of Capt. Henry Yost, Feb. 5, 1776.

88 Jan. 1, 1777. M Dec. 24, 1776; Jan. 1, 1777-

29] Western Maryland i>i the Revolution. 29

ington's heart; but it showed the patriotic mind of Wash-
ington County. The measure had been anticipated for
some days and the Committee had resolved S5 that, " on
the marching of the militia," those who were " well
affected " and not capable of marching " shall be formed
into companies witli proper officers for the protection and
relief of such families as shall be left without assistance,
officers of the companies so formed shall divide the settle-
ment into certain circuits, and ride around such circuits
as shall be assigned them once a fortnight, make particular
inquiry into the distresses of the inhabitants and order
them such relief as they shall think necessary. Should
their companies not be sufficient for giving such relief, they
are required to apply to the Tunkers and Mennonists
residing nearest to give their assistance."

Some of the recruits behaved " in a very riotous and
disorderly manner " in Hagerstown, and the Committee
had to tell all recruiting officers to have their men conduct
themselves properly or expect a representation to Con-
gress of their behavior. Servants, or negroes, were also
ordered not to go without written permission from their
masters any distance from home, while the militia were
away,86 on penalty of receiving " thirty lashes on the bare
back well laid on." 81 Every measure was taken to prevent
the spread of terrifying rumors.

If private property was needed for public use, it must be
given. When a man received a message, requesting him
to send in his small farm-wagon, immediately, and neg-
lected to do so,88 a guard was sent at once to fetch the
wagon and three horses, or oxen, if the horses could not be
found, and the owner with them, to show cause why he
had treated the authority of the Committee with so much

85 Dec. 22, 1776. Vide Jan. 19, 1777. All able-bodied men must
march or provide a substitute.

88 There was to be no inoculation for smallpox in the absence of
the militia, Jan. 2, 1777.

87 Jan. 11, 14, 17, 1777. 88 Joseph Rentch, Jan. 6, 1777.

30 Western Maryland in the Revolution. [30

contempt. Other requisitions were on residents of the
county for teams to draw cannon for Col. John Stull's
battalion/9 or for axes 90 and blankets for Col. Davies and
Major Swearingen's troops, or for horses to enable Capt.
Evan Baker B1 to capture members of his company " who
have absconded disagreeable to orders," or02 for blankets
for Capt. Keller's company. All was to be done decently
and in order. No horses were to be pressed " without
authority of the Committee," nor was any guard to be en-
titled to pay unless they went out with written orders from
the Committee and made return in writing thereto.93 Three
men complained that soldiers forcibly entered their houses
and took blankets, which they could not possibly spare.04
The Committee at once declared such proceeding " without
order and tyrannical," and ordered the captain of the com-
pany to which the soldiers belonged to return the blankets.
There should be no unnecessary hardship created.

Men who were late in marching with their companies *°
were ordered to give bond for £500, that they would march
with the next company leaving Hagerstown, or were kept
in close confinement in the Tory Gaol and then delivered
to the custody of the captain of the first company going
to the front. Robert and Henry Foard and Hugh Gilliland
enrolled with Denton Jacques.96 As he made no prepara-
tion to march, they went to the Committee and were told
that they might enroll the company, have a rendezvous
appointed, choose officers and make return of all delin-
quents. Clearly Jacques was unfit for his position. Let
the more zealous take it.

Long after the other companies had gone,87 Capt. Abra-
ham Baker acknowledged that he and most of his company

89 Jan. 10, 1777.

00 Only such to be taken as can be spared and payment to be made
therefor at appraised value, Jan. 20, 1777.

01 Jan. 22, 1777. 92Jan. 21, 1777. 93 Jan. 25, 1777.

94 Jan. 28, 1777. Vide case of Moses Reiley, Feb. 26, 1777.

95 Jan. 15, 1777. 9a Jan. 30, 1777. "7 Feb. 17 and 26, 1777.

31] Western Maryland in the Revolution. 31

had deserted, and with remarkable lenity, the Committee
merely required him to give bond to appear when required,
to use his utmost endeavors to bring back the other de-
serters, and to march with his company to re-enforce Gen-
eral Washington.

Many of the Committee were captains of the companies
which left for the field, and so. their places had to be filled.
The remaining members elected men to fill the vacancies "
and the work went on. New levies were made by the State
to aid Smallwood in his task of subduing the Eastern Shore
Tories. The Washington County Committee had just sent
their best men to aid Washington. But " from a sincere
affection for the common cause of liberty, ever willing to
risk their lives and fortunes in defence thereof," they unani-
mously resolved" to "give every assistance and encour-
agement in their power to the speedy completing of every
company under the said General's command."

The Committee had also to see that proper provision
was made for the people of the county. On June 18, 1776,
a resolution was passed that no person should sell salt for
more than four shillings and six pence above the cost of
purchase, and that each seller should produce a certificate
under oath of the prime cost, if required. This rule
was enforced,100 and to it a more stringent one was added,
that, if any family had more than they needed, the rest
might be seized and sold for the benefit of the community.
In the winter of 1777, heavy penalties were laid on any
miller who should grind wheat for distilling, or any distiller

98 Jan. 25, 1777, Isaac Cooper admitted that "he had disputed the
authority of the Convention and the Committee, in adding any one
member to the said Committee," in the room of any who had re-
signed. " He acknowledged his fault, promised a more friendly
conduct for the future, " paid the expense of being summoned and
was discharged.

09 Jan. 21, 1777-

100 June 25, 1776; Jan. 16, 1777. Hides of cattle slaughtered for the
militia are not to be sold out of the county.

32 Western Maryland in the Revolution. [32

who should distil it, and these regulations were carefully
enforced.101

Of this active committee, which sometimes adjourned in
the evening to meet at 7 a. m., we have nothing but good to
record from the time when they sent to Annapolis fifty-
one blankets,102 within five days of the time requisition was
made for, them, to the time they broke up a gang of coun-
terfeiters 103 of Virginia money, arrested some, prevented
the rest of the "banditti" from rescuing the prisoners,
and sent letters post haste to the committees of other
counties, that the remaining members of the gang might
be captured. A vigilant, sturdy, kind-hearted, zealous
body of men,104 they had a " sincere affection for the com-
mon cause of liberty."

The Committee of Observation for the Middle District 105
was also elected on September 12, 1775, and consisted of
17 men. Two days later, it organized by electing John
Hanson, Jr. as chairman, and Archibald Boyd as clerk.
We have the minute book of this committee; but not of
its successor,106 elected in the fall of 1776. This was a less
radical body than the Committee of the Upper District,
but not less vigorous. Like its fellow to the west, it
appointed committees on licensing suits, and on corre-
spondence, and named men to raise minute companies,107

101 Feb. 5. 8, 1777; March 1. 102 April 8, 13, 1776.

103 Feb. 1,3,4,8,23. I777-

10* Committee of Sept. 12, 1775: John Stull, Charles Swearingen,
Andrew Rench, Jonathan Hager, John Sellars, Col. Cresap, James
Smith, John Rench, Ezekiel Cox, Samuel Hughes, William Baird,
Joseph Smith, William Yates, Conrad Hogmire, Christian Orendorf,
George Zwingley, Joseph Chaplain, Col. James Beale. Committee
of Nov. 25, 1776: those italicised above and Peter Beall, Lodowick
Young, David Schnebley, Christian Lantz, Joseph Sprigg, David
Hughes, Dr. Hart, Michael Fackler, John Kerschner, Nicholas
Smith. 105 Scharf, Hist, of Md., II, 185.

306 Its successor was not elected at the close of the year, and on
Sept. 10, 1776, the late committee met, induced by the resolves of
Congress and the necessity of the case.

107 March 5, 1776. Many have not enrolled through ignorance.
Give them another chance till April 11. Vide April 12, 1776.

33] Western Maryland in the Revolution. 33

and to hand about the articles of association in the different
districts. As in the Upper District, the Tories, who re-
flected upon and upbraided in the most indecent manner
those who enrolled,108 " were forced to apologize." Those
who spread false rumors,100 " scandalous," and tending to
injure the character of citizens and " create fears and jeal-
ousies in the people," were reprimanded. Those who sold
salt at a price above that fixed by the Committee were sum-
moned before it and ordered to refund the surplus.110 Men
who were charged with endeavoring to sow discord among
the " well affected people " 1U or with advising people to
lay down their arms,112 or with absence from muster,113 met
with punishment, as they were guilty of offences of " high
and dangerous nature " which " tended to disunite the in-
habitants in their present opposition." There seem to have
been fewer Tories in the Middle than in the Upper District,
though here we find one who grossly insulted the Com-
mittee by a letter accusing them of being oppressors."1
Another talked very disrespectfully of the Americans, ridi-
culing them and their warlike preparations, and asserted
that " fifty British soldiers would drive out all the inhabi-
tants of Frederick town."111 Some, who were "suspected
of unfriendliness," were compelled to give bond with
approved security, or to go to gaol. Here, as in the
Upper District, the costs are always borne by the Tories.118

108 Oct. 2. 1775-

109 Andrew Grim and Jacob Houser, said Messrs. Booth. Carey
and Edelen. tried to blow up the powder magazines. Oct. 2, 16,
1775-

1,0 Hoffman. Oct. 13, 1775, said his wife sold the salt in his absence
and without his knowledge. Vide Dec. 12, 1775; June 18, 1776;
July 16, 1776; July 2, 1776. m Jan. 6, Feb. 19, March 4, 1776.

1,2 Vide March 4, 5. April 1, 12, 1776.

113 March 5. April 12, 22, 1776.

U4 Nathaniel Patterson, whose accomplices were John McCallister
and John Kleinhoff. April 29, May 1, 9, 1776.

"''June 6. 1776.

110 E. g:, Dr. John Stevenson, John Stevenson, Jr., Capt. Hugh
Scott, James Smith (iron-master), Joshua Testill Morgan, Charles

34 Western Maryland in the Revolution. [34

Frederick, as the most convenient inland town for that
purpose, early became a place where prisoners were sent
for safe keeping. Connolly and his companions were
seemingly the first consigned to the care of the Frederick
Committee,117 and on the very day when the news of their
capture reached the Convention,118 the Committee resolved
to build a strong log gaol in Frederick town, at least thirty
feet long and twenty in breadth, of two stories, " the upper
story being divided into three rooms with a stove in each
room." U9

At the door of the gaol, a small house should be built for
the guard. The Convention proposed to build the prison on
private property. This did not suit the plans of the Fred-
erick Committee, who suggested that the " free school lot "
be used as a site for this building, which might be of use
to the public, " after our unhappy disputes are at an end."120

The Convention did not agree to this proposition, but
erected the gaol on Second street, a few rods east of the
Farmers and Mechanics Bank.121 The building was com-
pleted by the beginning of June and found occupants
awaiting it. On May 19, 13 Tory prisoners from North
Carolina came and a constant guard of an officer and of

Connett, Joseph Clarke, July 2, 1776. Jacob Coventry, July 4, 6,
24, 1776. Joshua Testill, July 8, 16. George French relieved of
fines for not enrolling by Convention, May 25, 1776. Proceedings
of Conventions, p. 160. Jacob Geiger, Sept. 10, 1776. Thomas Tan-
nerton suspected by Lower District Committee to be Moses Kirk-
land advertised for in Pa., but freed, when Dr. Houblie testified
he thought he was a different man, July 23, 24, 1776.

U7 Dec. 8, 1775-

lls Proceedings, p. 40.

119 Rev. John Scott, of Somerset Co., was sent to Frederick as a
Tory prisoner, Aug. 28, 1776. Proceedings of Conventions, p._230.
Viae Md. Arch., Coun. of Safety, II, 118, 328.

120 Dec. 26, 27, 1775.

m After the war it was converted into a stable and part of it stood
until 1846. The iron bolts fastening the logs together were said
to have been made by Frank Mantz, a Tory blacksmith. Scharf,
W. Md., I, 138.

35] Western Maryland in the Revolution. 35

men was set over them.1" These were part of a body of
prisoners sent for safekeeping- northwards to Pennsylvania
and Maryland. They were retained in Frederick at least
until the end of the year, with the exception of six, who
succeeded in escaping in September.

A second band of prisoners 123 was received on July 26,
1776, when 15 British officers taken at St. John's came with
a letter from the Board of War at Philadelphia, stating
that they might be admitted to parole, if they would give
it, and, if not, they should be closely confined. Only three
signed the parole then, but the other twelve soon became
weary of confinement and followed on August 3. As they
were allowed the " attendance of their servants and of the
women and children belonging to them," their lot was not
extremely hard.

When the officers came, the Committee suggested to
the Convention that as many of the Tory prisoners had
offered security for their good behavior, they might be
given wider liberty. The Tory Gaol *** is a " dreadful place,
but the best we have, to be confined in and so crowded at
present (being 27) that we fear it may be dangerous to
their health." On August 28, the Convention allowed the
prisoners in the Tory Gaol to be taken to the common
gaol and walk in the yard. When the resolve of Conven-
tion 125 came to Frederick the Tory prisoners were removed
to the common gaol. When cold weather came on, the
Committee again recommended that the Tories be per-

122 The same day the Committee wrote to the Convention to send
money to pay the guard. The regulations provided that the
rations for the Tories should not be inferior to those given the
guard. June 6, 1776; vide July 2; Md. Arch., Coun. of Safety, I,
403, 405, 408, 445, 473, 480; II, 245, 295, 502.

123 July 26, Aug. 3, 6, 13, 1776. These officers were sent to New
Brunswick, N. J., for exchange in November. Md. Arch., Coun.
of Safety, II, 456, 486, 502.

124 V, Force Archives, I, 569; Md. Archives, Coun. of Safety, II,
117; Proceedings of Convention, p. 230, 232, 251, 257.

125 Sept. 3, Oct. 14, 1776.

36 Western Maryland in the Revolution. [36

mitted to give bond for good behavior and that those who
were dangerous be transferred to the. Tory Gaol as a
place of superior strength and preferable for. winter.
Though the Committee was thus merciful, it was not care-
less, and on three occasions 12G expressed disapproval of
too great intimacy of non-associators with the prisoners of
war. This might prove dangerous to the State and was
forbidden. It might easily lead to an escape, like that of
September 23, 1776, when seven Tories broke gaol at
Frederick and escaped.1"7

The Upper and Lower Districts were discontented with
the conservatism of the Convention and Council of Safety.
It was otherwise in the Middle District. This Committee
favored the policy of the Convention, that the " civil
power " be supported in "the due execution of the laws, as
far as consistent with the present plan of opposition." For
the " maintenance of order and good government," the
Committee recommended the people " to pay strict regard
to the authority of civil magistrate in the just execution of
law." They declare that the "duty and allegiance, enjoined
by the oath necessary to be taken to constitute the magis-
trates, comformably to the laws of this province, are not
inconsistent with our present plan of opposition to minis-
terial despotism." 128 There was no more patriotic place
than Frederick, but the people there would not be the first
to rush into a revolution.

It is true that the Committee desired the publication of
the proceedings of Convention,129 but this was only that
the people might be informed of what their representatives
did. Just after the Declaration of Independence, which

128 Sept. 2 [vide Council of Safety (Feb. 12, 1777), III, 132] ; Sept.
3; Oct. 24; Sept. 12, 1776. Philip Thomas wrote to Tilghman that
many deserters were concealed in the Middle District. V, Force
Archives, II, 298.

127 V, Force Archives, II, 457. They were advertised for. Six of
these were from North Carolina.

128 Oct. 17, 1775. 12t> March 19, 1776.

3?j Jl'estern Maryland in the Revolution. 37

was published in Frederick during August,'™ a man came
before the Committee 131 to obtain damages for injury done
to his peach orchard. The unanimous answer was that he
should apply to the civil magistrate, " which will doubtless
take order therein and that this Committee, on every
occasion, will support the civil power in the due execution
of law."

Congress received equally steady support. When re-
quested to have the preparations for the Flying Camp
pushed, the Committee unanimously replied that it would,
" and every militia captain and other member of this dis-
trict ought to exert himself for the immediate equip-
ment " of these Continental troops " with every necessary."
In their zeal, they voted to pay the way to New York of
several soldiers of the Third Virginia Regiment who had
been left sick when the regiment passed through the town.

In the great expansion of our country to the westward,
we are apt to forget that Western Maryland was the
frontier in 1775. The patriots of that time and place, how-
ever, were not forgetful of that fact, and in July,132 John
Hanson, Jr., wrote to Peyton Randolph, President of the
Continental Congress : " There is too much reason to be-
lieve that an expedition will be set on foot by the British
and Indians in Canada against the western frontiers of this
State, Virginia and Pennsylvania. Agents and allies of
the King and Parliament, of Gen. Gage and Lord Dun-
more, it is believed in this place, are now operating with

130 Aug. 21, 23, 1776.

181 It cared for some sick soldiers of the Continental Army and
received payment from Congress therefor. V, Force Archives,
II, 298; III, 1571.

132 July 16, 1776. On Sept. 10, Philip Thomas was told to inform
Convention that several deserters from Col. Smallwood's battalion
are in this and the Upper District, and that sick soldiers were left
in Frederick by the Virginia regiment. Same day voted to expe-
dite company of volunteers raised in this district. Three companies
of the Flying Camp were raised in the Lower District, five in the
Middle District and three in the Upper District. Muster Rolls of
Md. Troops, pp. 73-74-

38 Western Maryland in the Revolution. [38

the Delaware and Shawnese Indians in Ohio and bands in
Kentucky and Canada, with a view to destroy our frontier
towns and desolate our homes and firesides. We are de-
termined to keep a vigilant eye on all such agents and
emissaries, but it would be highly prudent to take early
measures to supply the arsenal and barracks at Frederick-
town with arms and ammunition, to enable the male popu-
lation to defend all the inhabitants, in case the emergency
should arise, in which it will become our solemn duty to
act." 1! ! Hanson's surmises were true, but the plans were
even more extensive than he imagined. Dunmore, driven
from the main part of Virginia and sheltered by the Brit-
ish fleet at Norfolk, had planned a joint expedition with
Dr. John Connolly, which was intended to cut the Colonial
union in half, along the line of the Potomac. Connolly
was a native of Lancaster County, Pennsylvania, and had
been bred to the practice of physic, but his ambition to
be a soldier led him to serve as a volunteer to Martinique
and against the Western Indians in the French and Indian
War. In a narrative of his experience, written some
years after the close of the Revolution,134 he states that,
after the end of the former war, he explored the newly
acquired territory, " visited the various tribes of native
Americans, studied their different manners and customs
and undertook the most toilsome marches with them
through the extensive wilds of Canada and depended upon
the precarious chace for my subsistence for months suc-
cessively." This training fitted him for a "partisan offi-
cer." Settling at Pittsburgh, which was then claimed by
Virginia as a part of West Augusta County, he became
commander of militia there and served as major of colonial
troops in the Indian War, which was decided by the battle
of Point Pleasant in 1774.

Holding royalist sentiments, he tells us he prevented

133 Scharf, W. Md., I, 136.

134 Published in the Penna. Hist. Mag., Vol. XII, 310, 407; XIII,
61, 153, 281.

39] Western Maryland in the Revolution. 39

the choice of a Committee of Observation in West Augusta
County and engaged " a formidable body of friends, at the
risk of life and fortune, in support of the constitutional
authority." According to his narrative, he also made
secret loyalist treaties with the Indian tribes, while induc-
ing the Virginians to believe that he was in favor of the
Whig measures. He next planned to consult Dunmore in
Norfolk about his future moves. Though somewhat de-
tained by local patriots, he succeeded in his purpose 13J and
a plan was concerted to have Connolly raise a body of
troops in Canada and Western Virginia and an auxiliary
band of Indians. These troops were to make a junction
at Alexandria with Dunmore's troops, coming from the
coast. During this time, the attention of the colonial army
was to be occupied to the northward by the forces under
General Howe.136 General Gage was still commanding at
Boston, and to him Connolly was sent by Dunmore, to
gain the endorsement and authority of the British com-
mander. The approval gained, Connolly left Boston on
September 14 or 15 and rejoined Dunmore in the follow-
ing month. The secrecy of the scheme was soon destroyed
through the communication of the contents of a private
letter written by Connolly to a friend near Pittsburgh and
through information given the Virginia leaders by Con-
nolly's servant, who escaped from the ship on the return
voyage from Boston.137 Ignorant of this fact, Connolly
determined to start for Detroit, by the shortest way,
through the Province of Maryland. His instructions and
the commission as lieutenant-colonel given him by Dun-
more on November 5, were " concealed in the sticks of
his servant's mail pillion artfully contrived for that pur-
pose." On November 13, with his servant and Dr. John
Smith and Allan Cameron, he left Dunmore. The second
of these three, a Scotchman, had resided some time in

135 Arrived in Norfolk, July 25, 1775.

186 The proposals of Connolly are found in Scharfs W. Md., I, 136.

137 Md. Arch. Coun. of Safety, I, 93.

40 Western Maryland in the Revolution. [40

Charles County, Md., and being a Tory, had left that
patriotic neighborhood for West Florida. Connolly in-
duced him to turn back, with the promise of a surgeon's
commission, and describes him as a man of " quick penetra-
tion, firm loyalty, and intimate acquaintance with the lower
parts of Maryland." Cameron was also a Scotchman, had
left his country on account of a duel, and had become a
deputy Indian agent in South Carolina. Having suffered
much abuse there for his. unshaken loyalty and having
gained some notoriety for a plan to incite the Creek and
Cherokee Indians to fall on the colonists,133 he was easily
induced to join Connolly by the promise of a commission
of lieutenant, and possibly of captain, and was valuable to
his leader, through his acquaintance with the Indians.

They set out in a flat-bottomed schooner,139 intending
to proceed up the Potomac river to a point near Dr.
Smith's house, on Port Tobacco Creek. Driven by a
storm into St. Mary's river, they disembarked, and went
forward on horseback. On the very border of the fron-
tier, about five miles beyond Hagerstown, they stopped
at a public house for the night of the 19th of November.
The landlord knew Connolly, but supposed he was return-
ing to his home in Pittsburgh. During the evening, how-
ever, Connolly tells us that a young man from Pittsburgh
came to the tavern and then proceeded to Hagerstown.
There he went to a " beerhouse " and " mixed with the
officers of the militia men." In the conversation some one
asked who the strangers were who had passed through
the town that afternoon. The Pittsburgh man answered
that one of them was Major Connolly of Pittsburgh. Two
days before, word of Connolly's plans had come to the
colonel of militia 14° there, and rejoicing at this opportu-
nity, a party set out at once, broke into the room where
the Tories were, about two o'clock in the morning, and

138 Md. Arch. Conn, of Safety, I, 93.

180 Scharf's W. Md., p. 137.

140 Through the revealing of the private letter, says Connolly.

41] Western Maryland in the I\c:\>littion. 41

made them prisoners. Taken to Hagerstown, they were
kept in separate houses and " suffered that kind of dis-
turbance and abuse which might be expected from undis-
ciplined soldiers and a clamorous rabble at such a crisis."
When day came, the prisoners were brought before the
Committee of Observation, who pronounced Connolly a
" dangerous enemy to the colonies " from " certain papers
produced to this committee and acknowledged to have
been written by him " ; while they found Smith and Cam-
eron " guilty of many equivocations " and suspicious from
being in Connolly's company. All three were to be sent
to the Council of Safety for further trial.1" Thus the
danger was averted and the vigilance of the Western Mary-
landers had prevented the success of the Tory machina-
tions.

The prisoners were taken to Frederick on the next day
and were at once met by a colonel of militia, lately returned
from Boston, who knew of Connolly's northern trip. This
ended all hopes for release and vigilant examination of
their baggage was ordered. Nothing was found on the
first search, but, when Samuel Chase arrived in Frederick
to preside at the prisoner's examination, a fresh search
was directed by him. Dr. Smith said " they examined
everything so strictly as to take our saddles to pieces and
take out the stuffing and even rip open the soles of our
boots." u The papers in the pillion sticks escaped detec-
tion and were destroyed by the servant; but, in Connolly's
portfolio, a rough draft of his propositions was found. The
Committee of Observation put the prisoners under sepa-
rate guards as soon as they were received and ordered
that no person speak to them, save in the presence of one

141 Scharf, W. Md., I, 133. Connolly's account differs from this
and is very much more favorable to himself. He represents that
they were only sent to Frederick and by a small majority. The
record says the action was unanimous.

m Scharf, W. Md., I, 137. Middle Dist. of Fredk. Co. Com.
of Obs. Nov. 21, 22, 23.

42 Western Maryland in the Revolution. [42

of the Committee or by their permission. When the
papers were found, copies of them were sent to the Con-
vention of Virginia and Maryland and to Congress.143 The
Tories were kept in the house of the colonel of minute men
under a constant guard. In addition to previous restric-
tions, they were forbidden the use of pen and ink, save in
the presence of a member of the Committee,144 and any-
thing written by them was directed to be examined by one
or more of the committee. Connolly, who becomes quer-
ulous at times in telling of the hardships of his captivity,
admits that the prisoners had no reason to be dissatisfied
with the lodging and diet they had in Frederick, but he
complains bitterly of the " clamorous gabbling of this raw
militia," as " eternal and noisy beyond conception." The
guards145 were ignorant and stupidly turbulent and gave
nights " of entertainment to themselves and visitors and of
tantalizing perturbation to me, whose heart was inces-
santly panting after other scenes and different opinions."

A negro girl who waited on the prisoners became their
friend and brought them ink-horn and paper, which she
left " between the bed and sacking bottom, unnoticed by
the guard." With these, Connolly wrote letters to the
garrisons in the west. It was decided that Dr. Smith
should make an attempt to escape and take the letters to
their destination. The prisoners had noticed " that, to-
wards daylight, our guard, frequently, exhausted by their
own noise and folly, were inclined to a momentary quiet
and, as no centry was regularly relieved, but all were on
duty at the same time," they concluded that an escape
was possible.

This was accomplished in the nick of time. On Decem-

143 Received by Convention on Dec. 8, 1775. Proceedings, p. 40.

144 Com. of Observation, Nov. 29, Dec. 26. The Committee asks
Congress for reimbursement for expenses incurred in guarding
prisoners. Dec. 27, instructions are given to the guard.

"° Changed every 24 hours.

43] Western Maryland in the Revolution. 43

ber 29, a letter from John Hancock,"" president of Con-
gress, was received, ordering the prisoners to be removed
to Philadelphia. The Committee directed Dr. Adam
Fisher 14T and ten men to escort them on the morrow. That
very night, the prisoners unscrewed the lock and, while
the guards were nodding, Smith slipt down stairs unob-
served. Scarcely had they time to screw the lock on again
when the guard entered, but seeing some of the prisoners
in bed, concluded all were there, cried " all safe " and re-
tired. When morning came Smith's escape was discov-
ered and the others were loaded with " opprobrious epi-
thets." Smith was recaptured by the Committee for the
Upper District 14S and was brought to Philadelphia.1" There
he made a second unsuccessful attempt to escape and, after
being removed to Baltimore, finally succeeded in a third
attempt, in December, 1776. Cameron was retained as a
prisoner until the winter of 1778, while Connolly was not

148 IV, Force Archives, IV, 216. Letter was dated Dec. 8, and
stated that Congress highly approved of the acts of the Frederick
Committee.

147 Connolly says the " lowest and most irrational of the inhabi-
tants " with a common surgeon barber for a captain.

148 IV, Force Archives, III, 479, Dec. 30. Letter of John Hanson
to John Hancock. Expenses of maintaining prisoners was over
£27. The jail was altogether insecure, so the Committee had to
hire rooms and as the militia finally refused to guard the prisoners,
a guard had to be hired.

149 Smith was taken at Little Meadows. Samuel Hughes was then
chairman of the Upper District Committee. He had six letters
from Connolly (IV, Force Archives, III, 615 ff). Three of these
were addressed to British commanders in the west, one to a Tory
friend at Pittsburgh, one to his wife and one to an unknown per-
son. From them we learn that Connolly wrote " in bed with two
sentinels at the door, with hourly apprehensions of death," and that
he hoped to have his wife with him in Frederick, but the Com-
mittee " altered their opinion after the man had horses saddled to
go for you and the children." I am inclined to believe that Con-
nolly invented this story to please his wife. He writes that " my
guard consists of Germans, whose dissonant jargon of High Dutch
is not only unintelligible to me, but also extremely disagreeable,
by its cursed noise and harshness that it distracts my very soul."
The letters are dated December 16.

44 Western Maryland in the Revolution. [44

released until July, 1780, when he was exchanged for Lt.-
Col. Ramsay.

Smith gives a curious account of his capture, in a narra-
tive of his adventures,150 published in 1784, but which is
not very reliable. He says on their journey westward, they
came to Frederick on a muster day and were ordered to
appear the next morning before the Committee. They
did not do so, but suddenly and secretly left the town. He
calls the guard which captured him " unfeeling German
scoundrels, upon whose brows are written assassination,
murder and death." On the way to Frederick, they were
preceded by drum and fife, playing the rogue's march. In
that town they were dragged before " a committee which
consisted of a tailor, a leather breeches maker, a shoe-
maker, a gingerbread maker, a butcher, and two tavern
keepers. The majority were Germans and I was sub-
jected to a very remarkable hearing, as follows:

" One said ' You infernal rascal, how darsht you make an
exshkape from this honorable committee? ' ' Der fiuchter
Dyvel,' cried another, ' how can you shtand so shtyff
for king Shorsh akainst dis koontry.' ' Sacrament,' yelled
another, ' dis committee will let Shorsh know how to
behave himself,' and the butcher exclaimed, ' I would kill
all the English tieves, as soon as ich would kill an ox or
a cow.' "

It is needless to remark that this story doubtless has a
basis of truth, but is an evident caricature.

Dunmore was driven from Virginia and the West was
left to fall before George Rogers Clark. There was no
other who could have raised the Western Loyalists and
Indians as Connolly might have done. The vigilance of
the Western Maryland patriots had caused the failure of
a plan which seemed full of danger for the colonial cause.

One of the great services of Western Maryland in the
Revolution was rendered as a magazine of supplies. In

150 " A tour through the U. S. of America," by J. D. F. Smyth.

45] Western Maryland in the Revolution. 45

August, 1775, a Committee of the Provincial Convention
reported that of the twelve gtfn shops in the State, nine
were in Frederick County.131 One of these was in George-
town, four were in Frederick town, and one was near it,
two were in Hagerstown and one was in Jerusalemtown.
Each of these was able to complete 20 muskets per month,
and in these shops, doubtless, Charles Beatty placed the
contracts for the 650 " good substantial, proved musk-
ets " 1M which the Council of Safety authorized him to pro-
cure.

On December 28, 1775, the Convention appointed
Charles Beatty, James Johnson and John Hanson, Jr., a
committee to purchase ground, not over one-half acre, in
Frederick town, and to erect thereon a gunlock factory.
£1200, common money, were appropriated therefor, and
the commissioners were requested to be " as frugal of the
public money as may be." 15S The factory was erected and
used for a time, but apparently was not wholly a success
and it was sold in 1778. Bullets, gunflints, bullet pouches,
powder horns, all seem to have been procured from the
stores of Frederick town. Frederick being an inland
town, it was a good depot for supplies, and we find that in
April, 1777, a large quantity of gunpowder1" was sent
thither from Baltimore and " placed in the market house
until magazines can be built." Other supplies were kept
at this magazine, whence six trumpets were taken for the
use of the Continental Horse.1"3-

Guns were not the only munitions of war supplied by
Western Maryland. A large powder magazine165 was kept

m Council of Safety, I, p. 65; IV, 524, 530, 531, 546.
162 Council of Safety, I, 75, 81; IV, 417.

153 V, Force Archives, III, 1147, shows the difficulty the managers
of the gunlock factory had in getting money.

154 Council of Safety, III, 209, 211, 216, 295. More powder was
sent in June. Ill, 297. 1Ma Council of Safety, III, 261.

156 Proceedings Convention, p. 62; vide 205; Land Records Fred-
erick, B. D. No. 2, folio 471; Act of 1778, ch. 4; Centennial Cele-
bration at Frederick, p. 46. Land occupied in 1876 by Groshon's
coal yard, Tyson's warehouse and Sifford's marble works.

46 Western Maryland in the Revolution. [46

in Frederick town and saltpetre works were carried on in
the Lower and Middle Districts. The first cannon said to
have been cast in this country were made at the foundry of
Col. Daniel Hughes,168 on the Potomac river one mile above
Georgetown. A portion of the building yet remained in
1880, while broken fragments of cannon were still to be
found in the stream of water flowing at the base of the
building.lc5a John Yost, of Georgetown, is also said to
have cast cannon, and Hughes with his brother James and
Samuel cast others at the Antietam Iron Works in Wash-
ington County. As early as February, 1776, the Council
of Safety was sending men to Antietam to prove the can-
non manufactured there.157 Hughes had a contract with
the Provincial authorities to cast 20 nine-pounders and 50
eighteen-pounders. Another most important foundry for
shells and cannon was the Catoctin Iron Furnace, owned
by James, Thomas, and Baker Johnson, a trio of notable
brothers. Some of their cannon were said to have been
used at the siege of Yorktown.

The value of the Catoctin Furnace to the Province was
seen as early as July, 1776, when the Council of Safety
wrote to James Johnson asking him to furnish them with
20 four-pound cannon, 20 three-pound cannon, 20 two-
pound cannon, and forty swivels, as well as 200 iron pots
to supply the place of camp kettles, some to contain 4 and
others 2 gallons, with bales or handles. So satisfactory
was Johnson's answer, that the Council increased the size
of the contract.168

160 Scharf s W. Md., I, 135. Cannon for the frigate built in Balti-
more in 1777 were cast by the Hughes foundry. Council of Safety,
III, 247.

ls"a Vide Council of Safety, I, 333, 424; IV, 382, 515, 516, 530; Pro-
ceedings of Convention, p. 59.

157 Council of Safety, I, 167, 175, 180, 187, 288; IV, 386. Jacob
Schley was directed to furnish ten large rifles carrying a 4 oz.
ball on April 19, 1776. Council of Safety, I, 353. Jacob Razor was
directed to deliver 12 musquets a month till 100 be supplied at
Frederick. Council of Safety, III, 376.

108 Council of Safety, II, 55, 92, 114.

47] Western Maryland in the Revolution. ±7

The minutes of the Council of Safety are filled with ref-
erence to military supplies ordered, sent for and supplied
by Western Maryland. Virginia, as well as Maryland,
made use of Frederick's gunshops. Blankets also were fur-
nished in quantities, as well as broadcloth for the soldiers'
clothing."0 To encourage the production of cloth, grants
were made by the Council of Safety to Alexander Mc-
Fadon, of Georgetown,100 to enable him to carry on a linen
manufactory, to Michael Cochinderfer 15° for a stocking
manufactory, and to Robert Wood for a sheeting mill.
In each case manufactured goods were to be returned to
the Council in value equal to the grant. Not only cloth
manufacturers were encouraged, but Jacob Myers also
received a grant towards a wire factory.162

In fact, Frederick County was the manufacturing part
of the State and believed that " especial encouragement
should be given to country manufactures." 183 So far went
this principle that when the paper mill was built near
Frederick town, the Committee of Observation recom-
mended all to " save their old linen and woolen rags and
prefer paper made here to any foreign manufacture." Fred-
erick was also a great granary and storehouse of pro-
visions.1^

With the spring of 1777 came permanent government
for Western Maryland, as for the rest of the State. The
Committee of Observation passed away, the regularly con-
stituted officers and courts took its place. The best blood

159 Vide Council of Safety, I, 102, 234, 245, 300, 400, 444; II, 8, 141,
151, 188, 271, 327. So beef cattle, Council of Safety, III, 384.

160 Council of Safety, I, 20, 190.

181 Council of Safety, I, 473; II, 134.

162 Proceedings of Convention, p. 266.

103 June 21, 1775; IV, Force Archives, II, 1044. On Nov. 27, 1777,
Council of Safety (III, 426) ordered clothing to be collected for the
State's quota in the army and that what was obtained in Western
Maryland should be brought to Frederick town. May 2, 1778, 100
wagons for North Carolina service were passed in the County
Council of Safety, IV, 66.

ima Council of Safety IV, 187.

48 Western Maryland in the Revolution. [48

of the region was in the armies, and the records of the
Orphan's courts show long lists of those wounded, dis-
abled and slain in the conflicts with the British forces.101
Sudden alarms like the Brandywine campaign in the
autumn of 1777 brought out the militia with arms, if they
could be secured, but if not, then without arms, to relieve
other militia men already on duty.1G4a

In the troublous days 105 which marked the beginning of
1777, the whole Western Maryland militia were called out
for Continental service, and Thomas Johnson writes that
he learns that " Washington militia turn out well. J. John-
son's and Bruce's Battalions (from Frederick County) do
us honor. B. Johnson's not so much " and the " Mont-
gomery militia muster very thin." John Stull, commander
of the Washington County men, speaks of them as " spir-
ited in the defence of liberty." 16"a

When three thousand troops were called for from Mary-
land in March, 1778, Frederick's quota was 309, more than
one-tenth of the whole number and more than any other
county. In addition to this, 156 men were summoned from
Montgomery and 120 from Washington County.100 When
Cornwallis advanced into Virginia in 1781, and Lafayette
retreated before him, 500 militia were summoned from
Frederick County and 250 from Montgomery County to
go to Lafayette's aid, that he might make head against

164 Centennial of Frederick Co., p. 46. Numerous orders were
passed by the Frederick Co. Court appropriating money for the
support of the wives and children of soldiers in the Maryland line.
Scharf, W. Md., I, 144; Muster Rolls, 630, 632. For difficulty in
obtaining recruits, see Council of Safety. IV, 26.

IWa Council of Safety, III, 368, 386, 467. Rioting in Baltimore
caused the militia of Frederick to be called out in October, 1777.
Council of Safety, III, 389, 391.

165 Council of Safety, III, 15. There was trouble about the com-
missions for officers in the B. Johnson's Linganore Battalion.
Ill, 236.

185a Council of Safety, III, 42.

306 Scharf's Md., II, 344; Muster Rolls, 294, 314, 320, 324, 328.
Recruits of 1780 are given in Muster Rolls, pp. 334, 341, 344, 346.

49] Western Maryland in the Revolution. 49

the British.107 In that same expedition against Cornwallis,
which was to end at Yorktown so gloriously for the Ameri-
can arms, Frederick County not only sent its citizens as
volunteers, but also provided the allied armies with much
needed stores of cattle and flour.103

Xo hostile force reached Frederick; but, in 1777, the
Legislature ordered the erection of barracks there for the
accommodation of two battalions.160 The year before, the
Committee of Observation had asked that a post be estab-
lished at that point and this desire would now be gratified.
These buildings were constructed on the eminence at the
south end of the town, which bears the local name of Hal-
lerstown hill, and long after the war remained unused, save
when some militia encampment made the place gay for a
few days. During the Civil War, the barracks became hos-
pitals filled with the sick and wounded soldiers of both
armies. At the close of the war, the State devoted the
buildings and grounds to the use of the newly established
Maryland School for the Deaf. Part of the buildings have
been torn down to give place to more modern and con-
venient structures; but a portion still remains, a relic of
the days when Frederick was a frontier town.18"1

Baylor's continental cavalry 170 wintered at Frederick and
Hagerstown in 1778 and 1779. The frontier post was soon
made a prison. We have seen that prisoners were sent
to Frederick early in the war. In April, 1777, Frederick
was suggested to Gov. Johnson as " the most proper place
for those now in Maryland of the Scotch regiment," and in

"" Scharf, W. Md., I, 144; Md. II. 450.

"" Scharf, Md., II, 455, 461; Muster Rolls, 652.

108 Act of 1777, ch. 10. On June 27, Abraham Faw contracted to
build the barracks for 8 per cent of the cost and was given £1500
currency. On Nov. 20, he was given £1000 more. Council of
Safety, III, 300, 418.

"*a Trouble from Indians was feared in Western Maryland in
1778. Council of Safety, IV, 80, 87, 88. So in April, 1779, Council
of Safety, IV, 365.

1,0 Scharf's Md., II, 34°.
4

50 Western Maryland in the Revolution. [50

May, £300 were appropriated for the subsistence of pris-
oners of Frederick.17"1

After the erection of the barracks, large numbers of Hes-
sians, captured at Saratoga and elsewhere, were sent to
Frederick and the Maryland part of the German regiment,
Captain Brown's company of matrosses, and Col. Crockett's
battalion of Virginia troops were ordered to act as their
guards.1'1 As early as May, 1777, prisoners were sent to
Hagerstown rather than to Frederick, " where there's al-
ready some sort of provision," since " great part of our
powder is at the latter place." 171a

Before the barracks were completed, in December, 1777,
Col. Beatty, who commanded the forces in the town, re-
ceived 100 prisoners, whom he was compelled to confine
temporarily in the jail. Late on the afternoon of Christ-
mas day 172 they set fire to the jail and made an attempt to
escape. Beatty ordered every man to arm himself as
quickly as possible and repair to the jail-yard. The jailer
opened the gate and about one-third of the prisoners
attempted to rush out, but their ardor was quelled with
the butt end of muskets. After the fire was extinguished,
the prisoners were removed to the Tory jail.

Though prisoners were in Frederick during the entire
war, the greatest number arrived after Cornwallis's sur-
render.173 Two Hessian regiments and the Bayreuth Yag-

1T°a Council of Safety, III, 213, 248.

171 Centennial of Fredk., p. 47. Address of the Hon. Jas. Mc-
Sherry. Council of Safety, III, 450, 490, 506.

1?la Council of Safety, III, 246, 384.

172 Scharf, W. Md., I, 141. In Feb., 1777, owing to the alarm in
Baltimore, the prisoners there were sent to Frederick and thence
in August they were transferred to Sharpsburg. Scharf, W. Md.,
I, 141 ; Council of Safety, III, 346, 407. Certain Carolina prisoners
sent to Frederick in 1777 were allowed to go at large within three
miles of the town. Council of Safety, III, 336.

173 In Sept., 1777, four prisoners were sent to Frederick to be
kept in the " Logg jail, commonly called the Tory jail." Council
of Safety, III, 368 (but see p. 380). An appropriation was made in
July, 1777, to pay for removal of prisoners from Frederick to

51] Western Maryland in the Revolution. 51

ers were sent to Frederick at once, while the other Hes-
sians, who were first sent to Winchester, Va., were soon
transferred thither. " On the march through Maryland,
the German settlers showed them much kindness and Ger-
man speech and friendly hospitality gave them much com-
fort." Their food, too, improved, " though during the en-
suing winter provisions ran short " and complaints were
made of " the bad food and the utter want of clothing."
During the summer of 1782, the prisoners were more
comfortable. Many were allowed to work on the neigh-
boring farms, married daughters of the German settlers,
ransomed themselves for about 80 Spanish milled dollars
apiece, and remained in Frederick County.174 If they could
not raise the necessary amount for ransom, the Americans
frequently advanced the money and kept the Hessians as
" redemptioners." Others of the prisoners died, deserted,
or enlisted in the American armies, so that the regiments
became greatly reduced. In September, 1782, 300 English
prisoners from Cornwallis's army came from Winchester
to Frederick, escorted by an American volunteer corps
made up of various nationalities, including 40 Anspach-
Bayreuth soldiers, who had been released on joining the
American army.

The little Mountain City was truly cosmopolitan during
that year. In addition to English, German and American
troops, it was the station for some time of the French
legion commanded by the Marquis la Rouerie.175 His
tribute to the State and town was most flattering. WTrit-

Burlington. Council of Safety, III, 304; vide 467, 468; IV, 238.
Eelking's German Allied troops in the North American War of
Independence. As early as Feb. 1778, Col. Beatty suggested that
some of the prisoners might be permitted to work for the inhabi-
tants. Council of Safety, III, 490, 491.

174 Between 1820 and 1840, there died in Frederick County no
fewer than 15 foreign German allied troops. They made good
citizens and their descendants were, for the most part, Union men
during the Civil War.

175 Centennial of Frederick, p. 48. This was Armand, the famous
Chouan hero in the Vendee.

52 Western Maryland in the Revolution. [52

ing to Governor Paca, on December 28, 1782, he expressed
the thanks of himself and his soldiers " for the friendly dis-
positions and behaviour of the Marylanders towards us.
The town of Frederick, in which we have made the longest
station, has more particularly evidenced to us the worthy
and high character of that country. Permit me to add
here that, where people are sensible, as these, of the rights
of military men to their attention and care, they do deserve
having respectable troops as the Maryland line, and do
create in others wishes for the opportunity to serve them."

The barracks at Frederick town were not sufficient to
hold all the prisoners, and so, on December 16, 1777,
Joseph Nourse, of the War Office, from York, Penn.,
wrote to Col. Moses Rawlings, asking that he examine
Fort Frederick and report as to its condition, accommoda-
tions, etc., as Congress thought of sending prisoners of
war there. Rawlings acted with promptness and found the
old colonial fort 176 in such condition that it could easily
be put in order for the desired object. As the country
about the fort was thickly settled, a " pretty strong guard
was found necessary." The Assembly resolved to repair
the barracks and work was at once begun. Two years
later, Pickering writes to Rawlings stating that it is im-
possible to send prisoners to Fort Frederick for want of a
guard. If Maryland will provide a standing guard there,
the Continental authorities will obtain an escort guard
from Pennsylvania and send prisoners there.

Two months later, on December 28, a letter was sent to

176 Council of Safety, III, 439, 443, 445, 450, 451, 453, 487, 506, 545,
551, 555; IV, 148, 202, 336, 520, 524, 542, 546. On Feb. 23, 1778,
the Council ordered the guard in Frederick to consist of one com-
pany of militia, consisting of 60 non-commissioned officers and men,
and in Washington County to consist of one company of fifty non-
commissioned officers and men for each 150 prisoners. The guards
should serve for two months. Council of Safety, III, 516, 517, 536.
Through difficulty in obtaining proper guard there were numerous
escapes. Council of Safety, III, 518, 530. Capt. John Kerschner's
Company acted as guards in 1778. Muster Rolls, p. 328.

53] Western Maryland in the Revolution. 53

Rawlings which affords quite an insight into the keeping
of the prisoners. " We wish you would let out as many as
you think will behave with propriety, in order to save
public provisions, for you will observe as a rule that no
prisoner employed by a private person is allowed to draw
rations. But if you perceive any desertions or any capital
inconvenience from their being out of the garrison you will
call them in, that no loss that prudence will prevent may
arise to the public by lessening the means of redeeming
our own subjects." 17Ca

In the next year, on October 17, the Continental war
office asks Rawlings to " call in all the prisoners in the
neighborhood of your post or its dependencies and, as the
practice of letting them out to farmers and suffering them
to go at large is attended with great mischiefs, you will
in future keep them in close confinement." Consequently
the prisoners were variously employed within the fort,
" daubing and underpinning the barracks, cleaning and re-
pairing the well, etc., and with great leniency, they were
paid for executing these tasks. After Cornwallis's sur-
render with the plethora of prisoners thus in our hands, a
large number of them were ordered to Fort Frederick.
On October 26, 1781, the Light Infantry, the 17th, 33d,
71st and 80th Regiments of the line, the Prince Hereditary
Regiment, de Bose Yagers, the British Legion, and North
Carolina Volunteers were sent thither. Field officers were
allowed three enlisted men as servants, captains two, and
other proper warranted officers one. I have found no
record of the life of these prisoners at the old fort." 176b

While kind to prisoners, the Frederick County people
were ever severe towards their fellow-citizens who clung
to their allegiance to Great Britain. It is true that the
judgments of outlawry for treason pronounced on the

™a See also Council of Safety. IV, 348, 363.

17"b See Am. Hist. Reg., II, pp. 862-65, article on Fort Frederick
by Judge Henry Stockbridge.

54 Western Maryland in the Revolution. [54

Dulaneys, the Episcopal clergy and other prominent citi-
zens of the county177 came from the General Court at Ann-
apolis and the confiscation act of 1780,178 whereby so much
of the land of Frederick County found new owners, was
passed by the Legislature of the whole State, but the local
bodies were no less severe. Heavy fines were imposed on
those who drank the " health of King George and damna-
tion to Gen. Washington and the Congress of the United
States," and who said they wished " all persons who went
about warning the people on the militia duty, might be
hanged not by necks but by the heels." The most famous
proceeding against Tories was taken in 1781. In that
year there was a second plan of the British to cut the
colonies in half. Cornwallis was to march inland from
the Chesapeake and was to be met by enrolled bodies of
Tories, whose help would enable him to cut off the South
from the North.179 The tale which has come to us is that
this far-reaching scheme failed; because, like the earlier
one of Connolly, the plot was discovered in Frederick
County. A disguised British officer was to meet a Tory
messenger at a fixed place, to put him in possession of all
of the details of the plan. The watchfulness of the Ameri-
cans prevented the officer from fulfilling his part of the
agreement, while the Tory's papers fell into their hands.
These revealed the plot and the names of the prominent
conspirators and they were accordingly arrested. On
July 25, seven of the accused 1S0 were brought to trial at
Frederick before a court consisting of Alexander Contee
Hanson, afterwards Chancellor of the State, Col. James
Johnson and Upton Sheredine. The defendants were
found guilty of high treason in " enlisting men for the
service of the king of Great Britain and administering an
oath to them to bear true allesriance to the said king and

177 Scharf, W. Md., I, 143. 17S Act of 1780, ch. 45.

179 Scharf, W. Md., I, 142.

180 Peter Sueman, Nicholas Andrews, John George Graves, Yost
Pleckler, Adam Graves, Henry Shett, Caspar Fritchie.

55] Western Maryland in the Revolution. 55

to obey his officers when called on." We can imagine the
crowd in and about the court room when the defendants
were declared guilty181 of the crime of doing what even
the judges themselves would have done ten years before,
and we are sure that the excited assemblage was hushed
to awe-struck silence when the sentence was pronounced.
Turning to the prisoners and calling each by name, Judge
Hanson told them not to consider the proceedings a
" solemn mockery," nor to look for a pardon. They had
been convicted " upon the fullest and clearest testimony."
" Had it pleased heaven to permit the full execution of
your unnatural designs, the miseries to be experienced by
your devoted country would have been dreadful even in the
contemplation. The ends of public justice, the dictates
of policy and the feelings of humanity all require that you
should exhibit an awful example to your fellow-subjects
and the dignity of the State, with everything that can
interest the heart of man, calls aloud for your punishment."
Then, after telling them to make their peace with God,
he uttered the terrible words: " You shall be carried to the
gaol of Frederick town and be hanged therein; you shall
be cut down to the earth alive and your entrails shall be
taken out and burnt while your are yet alive, your heads
shall be cut off, your body shall be divided into four parts
and your heads and quarters shall be placed where his
excellency the Governor shall appoint. So the Lord have
mercy upon your poor souls." Four were pardoned, the
other three suffered the full vigor of the law. The tribunal
which tried these was a special court of oyer and terminer,
called to try Tories.182 Many others were fined and im-
prisoned. A month after the trial, on August 17, 1781, a

181 There was a jury trial.

182 Other persons were convicted of the lesser crimes of per-
suading a man to return to and acknowledge dependence to the
crown of Great Britain; of dissuading a man from supporting the
independence of the United States, and of affirming that the King
has power over this State.

56 Western Maryland in the Revolution. [56

meeting 1S3 of the citizens was called to determine what
should be done with three men,184 who refused to take the
new paper money. They were excused on apologizing,
and promising for the future to receive paper money at
par with silver and gold; but, that there might be no mis-
take as to the attitude of the county, the following resolu-
tion was unanimously adopted: "That we will exert our
utmost ender rs in supporting the credit and circulation
of the said ne i.oer money at par and we will punish, by
Tarring and 1 ering, and expulsion from the county,
any person who snail hereafter be so hardy as to act con-
trary " to these resolves. The purpose here was com-
mendable, the proposition disgraceful. This resolve is the
one blot on the revolutionary history of Frederick County,
and it is to be hoped that its lawless intention never was
carried out. Every other act of the Frederick County men
was done decently and in order.

At last the war ended. In March, 1783, the first news
of the peace cam^ to Frederick town. There was great
rejoicing among the citizens that the long struggle was
over, among the prisoners that they soon would be re-
leased. On April 22, General Lincoln,185 who was com-
manding in Frederick at the time, made official proclama-
tion of peace, and a patriotic demonstration of a day and
a night followed. The fireworks for the night's display-
were prepared by a Bayreuth captain and his men, while
the German musicians played at the ball given in honor of
the occasion. There was general, fraternizing and many
of the German officers were guests at all the festivities.
The only shadow on the sun of joy was that an excitable
French captain had his men charge the prisoners who
cheered for King George. In this unfortunate occurrence,
four German soldiers were mortally wounded.

182 Col. Thos. Price in the chair. Scharf, W. Md., I, 144.

184 A previous meeting on the subject had been held on Aug. 7.

185 Eelking, op. cit.

57] Western Maryland in the Revolution. 57

Throughout the county there was rejoicing. At Israel's
Creek/80 after listening to " an excellent sermon much to
the purpose," the people enjoyed a most elegant entertain-
ment, " drank thirteen toasts, fired a salute of thirteen pla-
toons, and gave thirteen cheers. The evening saw an
illumination and bonfires and the whole was concluded
with propriety and decorum." In May, the German pris-
oners were released and one of them put d' 1 in his diary,
" that the people, and especially the v ,n, were very
sorry to bid them good bye."

• The quiet mountain town and the ricn country around
it, the western settlements in the Alleghanies, the more
level plains of Montgomery, saw no more of martial array
nor heard any more rumors of war for nearly eighty years.
They had done nobly in their country's cause, they had
been steadfast in the struggle for independence, they had
believed in the triumph of the new nation and they had
their reward. In considering the history of a war, we
often think too exclusively of the armns in the field and
forget the people from whom the army was recruited and
by whose support it was maintained. But in what-
ever line of patriotic service we test the conduct of West-
ern Maryland during the Revolution, the whole country
has reason to be grateful for vigilant performance of duty.

180 Scharf, W. Md. I, 145.

STATE BANKING IN THE UNITED STATES

SINCE THE PASSAGE OF THE

NATIONAL BANK ACT

Series XX Nos. 2-3

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. ADAMS.)

J. M. VINCENT
J. H. HOLLANDER W. W. WILLOUGHBY

Editors

STATE BANKING IN THE UNITED STATES

SINCE THE PASSAGE OF THE

NATIONAL BANK ACT

GEO. E. BARNETT, Ph. D.

Instructor in Economics in the Johns Hopkins University

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY
FEBRUARY-MARCH, 1902

JOHNS HOPKINS PRESS

Clje Both (§&Uimou (pvcee

THE FRIEDENWALD COMPANY
BALTIMORE, MD.

PREFACE

The following essay is a study of state banking in the
United States as it has grown up since the Civil War.
This movement may be viewed from two sides. In the
one aspect it is a legal and in the other an economic phe-
nomenon. Since the two are closely related, it has been
impossible to keep their treatment entirely separate at all
points, but in the main the first part of the work — State
Bank Legislation — deals with the evolution of the present
state banking laws. As it would have been wearisome
and unprofitable to have described this legislation in all
its details, only the main threads have been followed. It
is believed, however, that the regulations concerning in-
corporation, capital, real estate loans, stockholders' lia-
bility, and supervision comprise those parts of the laws
which are fundamental. While there are provisions on
other points, they are not basic. In the concluding chap-
ter of the first part, the statistics of state bank failures
have been examined as furnishing the only practicable test
of the efficiency of state bank regulation.

In the second part of the work — The State Bank as
a Credit Agency — attention has been given to the eco-
nomic side of the movement, to the causes which have
produced a large expansion of state banking at the ex-
pense of other institutions for supplying credit. Through-
out the earlier part of my work, I received constant aid
from the late Dr. Sidney Sherwood. I wish also to ex-
press my thanks to Dr. J. H. Hollander who kindly read
my manuscript and made many helpful suggestions.

CONTENTS

PART I.— STATE BANK LEGISLATION. PAGE

INTRODUCTION

Growth of Legislative Activity 9

Influences Determining the Form of Legislation 13

CHAPTER I.— Incorporation

Application of Referendum 15

General Laws versus Special Charters 16

Differentiation of the General Law 21

CHAPTER II.— Capital

Capital as a Safeguard to Creditors 25

Minimum Capital Requirements 26

Payment of Capital 34

Impairment of Capital 36

CHAPTER III.— Supervision

Growth of Supervision 40

Present Status of Supervision 49

CHAPTER IV.— Real Estate Loans

Contrast with National Bank Act 50

Restrictions on the Amount of Real Estate Loans 51

Propriety of such Loans 52

Chapter V. — Liability of Stockholders

For Unpaid Subscriptions to Stock 58

Statutory Liability 58

Difficulties in Enforcement of Liability 60

Chapter VI. — State Bank Failures

Lack of Adequate Statistics 65

Bradstreet's Reports 68

PART II.— THE STATE BANK AS A CREDIT AGENCY.

Chapter I. — Growth of State Banks

As Compared with National and Private Banks 73

By Sections of the Country 75

Chapter II. — Causes of the Growth of State Banks

The State versus the Private Bank 79

The State versus the National Bank 93

Effect of Act of March 14, 1900 102

APPENDIX.

Explanatory Note 108

Tables Showing Number of State and Private Banks by Years

and States 114

STATE BANKING IN THE UNITED STATES

SINCE THE PASSAGE OF THE

NATIONAL BANK ACT

PART I.— STATE BANK LEGISLATION

INTRODUCTION

The term " state bank " has been used in the United
States in many different senses. But whatever the va-
riance in meaning, such banks have always had one com-
mon characteristic — incorporation under state authority.
" A state bank," says Morse, " is one organized under a
state law or a charter granted by the legislature of a state
and derives its power from state sovereignty." 1 In re-
cent years, the " state banks " have sometimes been con-
fused with private banks. This has come about from the
fact that in some states, the same requirements are made
of incorporated and unincorporated banks. Since both
classes of banks are equally subject to state regulation
they are all called " state banks."

An unincorporated bank, however, is a private bank.
The definition given in the Kentucky Statutes correctly
represents present usage. " Private bankers," runs the
law, " are those who without being incorporated carry on
the business of banking." 2 Incorporation is an important
feature and it is necessary to carefully distinguish the two
classes. A failure to do this has sometimes caused erro-
neous statements.3

1 Morse on Banks and Banking, 3d ed., sec. 16.

2 Laws of Ky., 1893, chap. 171, sec. 32.

3 See pp. 66, 67.

10 State Bank Legislation. [68

Not every incorporated bank, however, is a " state
bank " in the sense in which the term will be used here-
after. Stock savings banks and loan and trust companies
are capitalized corporations erected by state law, but it is
only with banks of discount and deposit that this essay
deals.4 It is to be admitted that in many states, savings
banks with a capital stock as well as trust companies are
included in " state banks " in popular and even, in some
cases, in official language, but there seems a growing dis-
position to classify these separately and to restrict the
term " state bank " to banks of discount and deposit.
Further justification of this use may be found in the fact
that four-fifths of the capitalized banks incorporated under
state laws are of this character, and it seems permissible
to use the term without qualification to express the most
numerous class. " State banks " then as the expression is
used in the following pages, are banks of discount and de-
posit (as distinguished from savings banks and trust com-
panies) incorporated under state sovereignty (in contrast
with private banks which are unincorporated and with
national banks, which are formed under the national law).

In i860 there were in the United States 1562 state
banks. Owing to the repressive influence of the national
bank act, hastened in its effect by the ten per cent tax on
state bank notes, the number by 1868 had fallen to 247.
Corresponding to this decline in numbers and importance,
was the cessation of state banking legislation. The state
banking systems became moribund; the old laws regulat-
ing banks of issue were generally swept away by code re-
visions, or remained unchanged on the statute books.

The antebellum laws had been aimed solely at securing
the safety of the bank note; the depositor was regarded
as amply able to care for himself, just as the bank-note
holder had been considered earlier when note issuing was

* The separation of the statistics of stock savings banks and state
banks has not been possible in all cases. See Appendix, p. 112.

69] Introduction. 11

a right at the common law. It is true that the depositor
was protected by many of the regulations under which
banks were placed, but this was purely incidental to the
main purpose of the laws. In fact, by giving the note
holder a prior lien on assets, the depositor's security was
somewhat impaired. The feeling that note issue alone
needed governmental oversight persisted for a consider-
able time after 1868. The national banks had a monopoly
of bank circulation, and the regulation of state banks was
considered needless after the prime occasion for it had
been taken away. As the importance of note issue de-
creased, and the deposit function became prominent, it
began to be apparent that governmental regulation of
banks was of value in protecting depositors. It is a far
cry from the Michigan bank act of 1857 to that of 1887,
but the national banking law has undergone the same
change of purpose. The Comptroller of the Currency, in
his report for 1898, speaking of proposed reforms in the
national banking act, says: "In their present form, they
seem to ignore the interests of bank depositors with whose
protection the Comptroller is peculiarly charged," ° and
again, " it is the belief of the Comptroller that the pro-
posed preference of the note holder over the depositor
.... is not only inherently wrong and unjustified by any
grounds of public policy." " And yet, the very law by which
his office is created recognizes the superior right of the
note holder, and his title indicates the view held of the
duty of his office when it was established.

For a considerable period the legislatures left the state
banks free to make their own way. In some states, old
laws unrepealed and adapted only to the needs of banks of
issue, somewhat hampered their growth, but in the main.

8 Report of the Comptroller of the Currency, 1898, Vol. I, p. XII.

6 It is not intended, of course, to express any opinion as to the
correctness of this view. It is simply pointed out that the present
view of the aim of the national banking act varies widely from
that held when it was enacted.

12 State Bank Legislation. [70

they were left with no interference. As late as 1892, Mr.
Stimson said, " It seems unnecessary to incorporate the
state banking laws in this edition. Nearly all the states,
except the newer states and territories, have special chap-
ters in their corporation acts concerning banks and
moneyed institutions, but these chapters are usually of
old date, and have practically been superseded for so long
a time by the national banking laws that they have become
obsolete in use and form." 7 A more careful examination
would have shown a decided movement in the years im-
mediately preceding 1892. Since that time, legislation has
been abundant. There are very few states which have
failed, in the last ten years, to do something in the way of
enacting banking laws, and since the power of issue is
taken away, the purpose of these laws, so far as they have
dealt with present conditions, has uniformly been the bet-
ter protection of depositors.8 At present, the body of

7 American Statute Law, Vol. II, sec. 9500, p. 572.

8 It is of interest to note that in two states at least (Nebraska
and Kansas) the question has recently been raised whether deposits
cannot be secured by a guarantee fund. Just as in the case of
note issue, there has been in many countries a transference of
credit from the individual bank to the wider credit of a system of
united banks, so it is thought that if the security of deposits can
be based on the credit of many institutions, a larger number of
depositors will be obtained. The experiment would be interesting,
but its success is doubtful. There seems, despite their fundamental
similarity, to be a substantial difference in the parts which credit
plays in the bank note and in the deposit. The tendency of
modern legislation is to make bank money equivalent to specie, so
far as credit is concerned, by resting it either on the credit of one
large state institution, or else on the joint liability of a number
of banks. It seems probable, on the other hand, that individual
credit is still of considerable importance in the matter of deposits,
and that this is a safeguard. A depositor does not place his
money in a bank, as a general rule, simply because it is a state or
national bank, but because he knows something of that particular
bank. It may be admitted that the system acquires relatively
more and more importance as regulation progresses, and it is quite
conceivable that deposits may some day be made on the basis of
the credit of the system. It is undoubtedly true that many deposits
are so made at present, but the number made on individual credit,

71] Introduction. 13

state banking laws is large in bulk and important in prac-
tice. It is this legislation, its growth and characteristics,
its causes and purposes which it is the aim of the present
essay to describe.

In the evolution of the state banking laws, four elements
have actively entered. While each has acted continuously,
their influence has not been equal at all times :

(i) The national banking act has, especially in the ear-
lier stages, been the model, to which the states have con-
formed their laws. It represented the only body of legis-
lation on the subject, which was well known to the people.
With its provisions, restrictions, and methods of opera-
tion, they were well acquainted, and it was natural that
when the states adopted the policy of regulating banks of
discount and deposit, they should follow closely its general
plan.

(2) It was found, however, that the great majority of
the state banks were the product of economic needs which
the national banks did not satisfy, and it was necessary to
make such changes in the national act as were required
by these conditions.

(3) In the states, there was already a mass of laws re-
garding corporations in general. Banks have not been
differentiated as fully from other corporations as the
adoption of the national bank act in its entirety would
have required. In some important respects, the influence
of the existing corporation law has been paramount, while
in others, it has yielded more or less fully.

(4) Recently there has grown up a strong interstate in-
fluence. States about to legislate on the subject look to
other states where similar economic conditions prevail,
and where experience has already been had. The bank-
ing laws of Kansas have been appreciably affected by the

or to be more exact, not made because of lack of credit, is large
enough to afford an important check on bankers. To guarantee
deposits would result in giving the banker who is reckless a freer
rein since public opinion would no longer be feared.

14 State Bank Legislation. [72

older legislation in Missouri, and Oklahoma has adopted
to a considerable extent the methods of Kansas. Certain
important improvements, adopted by one state and found
to work well in practice, have been borrowed by others.
This movement is as yet in its infancy, but it promises
well. It may be said that at present in the systems which
have been longer established, the influence of the laws of
other states is far more important than any other factor.
The national bank act has been already utilized as far as
circumstances seem to allow, and in solving the remaining
problems, nothing is so valuable as the experience of other
states working under like conditions for a similar end.

CHAPTER I

INCORPORATION

The power to charter banking, as well as other corpora-
tions, is inherent in the legislatures of the various states,
and is limited only by constitutional provisions. Many of
the state constitutions, at one time or another, have pro-
hibited charters for banking, but at the present time, in
only one state is the legislature so restrained. The Texas
Constitution of 1876, which is still in force, provides that
" No corporate body shall hereafter be created, renewed,
or extended with banking or discounting privileges."1
While Texas is unique among the states in its absolute
prohibition of state banks,2 there are in many of the state
constitutions, provisions regulating the manner in which
the legislature may exercise its prerogative.

In the twenty years prior to the Civil War, the principle
of the referendum was applied to banking charters in
nearly all the states of the Middle West. Iowa, Wiscon-
sin, Illinois, Michigan, Ohio, and Kansas, in quick succes-
sion, inserted in their constitutions clauses requiring bank-
ing laws to be submitted to popular vote for ratification.3

1 Constitution of Texas, 1876, Art. VII, sec. 30. The policy of
Texas, from the beginning of its history as a state, has been almost
invariably opposed to banking corporations. The constitutions of
1845, 1861 and 1866 contain the clause cited above. The constitu-
tion of 1868 did not prohibit bank charters, and a small number
were granted during the period 1868-1876.

2 It has sometimes been stated that Oregon should be placed
with Texas in this respect, and Art. XI, sec. 1, of its constitution,
seems capable of this construction, but the Supreme Court of
Oregon, in the case of State ex rel. Hibernian Savings Bank, 8 Or.
396, after an examination of the " Journal of the Constitutional
Convention," held that only banks of issue were prohibited.

*Iowa (1846), Art. VIII, sec. 5; Wis. (1848), Art. XI, sees. 4, 5;

16 State Bank Legislation. [74

In 1875, the same provision was adopted in Missouri,4 so
that, at the present time, it is to be found in the constitu-
tions of seven states. But its force has been much weak-
ened by the interpretation of the courts, several of which
have held that the provision applies only to laws concern-
ing banks of issue, and that legislative acts incorporating
banks of discount and deposit need not be submitted to
the vote of the people.5 In Michigan, Illinois,6 and Wis-
consin, acts for the incorporation of banks of any kind
must still be approved by the popular vote. Only the
general banking law is subject to popular sanction in
Michigan, but in Wisconsin7 and Illinois,8 every amend-
ment of the banking laws must be so ratified. These pro-
visions were intended to provide against conditions which
no longer exist, and whatever their value may have been
as a protection against the evils of an over issue of bank
notes, their only effect at present is to render the adapta-
tion of the banking laws to the changed needs of the pres-
ent day slow and difficult.8

Of far more importance to the development of state
banking in recent years than the referendum requirements,
has been the gradual increase of general incorporation
laws at the expense of special charters. It is needless to

Mich. (1850), Art. XV, sec. 2; 111. (1848), Art. X, sec. 5; Ohio
(1851), Art. XIII, sec. 7\ Kansas (1859), Art. XIII, sec. 8.

4 Constitution of Missouri (1875), Art. XII, sec. 26.

5 Decisions holding referendum provisions applicable only to
banks of issue: Kansas, Pope vs. Capitol Bank, 20 Kansas, 440;
Iowa, 70, N. W., 752; Ohio, 42, O. S., 617. In Missouri, the words
of the constitution themselves restrict the application to banks
of issue.

0 It was held in People vs. Loewenthal, 93 111., 191, that the
referendum clause in the constitution of 1848 applied only to
banks of issue, but the constitution adopted in 1870 extended the
principle to all incorporated banks. (Constitution of Illinois, 1870,
Art. XI, sec. 5.) This was interpreted in Reed vs. People, 125,
111., 592.

7 Rusk vs. Van Nostrand, 21 Wis., 159; Van Steenwyck vs.
Sackett, 17 Wis., 645.

8 Reed vs. People, cited above. 9 See p. 27.

75] Incorporation. 17

say that this movement has not been confined to banking
corporations. In fact, banking has been somewhat later
than other business pursuits to receive freedom of incor-
poration. Banking charters were granted at first in all
the thirteen original states only by special acts. Early
in this century, the substitution of general incorporation
laws for special charters in some kinds of business became
common in the New England and Eastern States,10 but
general incorporation laws for banking were longer de-
layed.11 In his report for 1849, Hon. Millard Fillmore,
Comptroller of the State of New York, thus described the
circumstances which led to the passage of the general in-
corporation law for banks : " The practice of granting
exclusive privileges to particular individuals invited com-
petition for these legislative favors. They were soon re-
garded as a part of the spoils belonging to the victorious
party and were dealt out as rewards for partisan services.
This practise became so shameless and corrupt that it
could be endured no longer and in 1838, the legislature
sought a remedy in the general banking law." According
to the provisions of the Constitution of New York adopted
in 1846, charters were to be granted under general laws,
" except where in the judgment of the legislature the ob-
jects of the corporation cannot be obtained under general
laws," a but the desirability of incorporating banks by
special charters was not left to the judgment of the legis-
lature; they were in all cases to be formed under general
laws.18 As long as banking charters could be granted only
to approved persons, who were able to maintain heavy
specie reserves, there was difficulty in applying the general

'"Political Essays," by Simeon E. Baldwin, p. 119.
11 For general treatment of ante-bellum movement toward gen-
eral incorporation laws for banks, see " Philosophy of the History
of Bank Currency in. the United States," by Theodore Gilman,
Banker's Magazine, Vol. 50, p. 347.
u Constitution of New York (1846), Art. VIII, sec. 1.
18 Constitution of New York (1846), Art. VIII, sec. 4.
6

18 State Bank Legislation. [76

incorporation idea to banks but the bond deposit gave an
automatic method of securing the safety of the notes and
enabled banking to become free.14

The states of the Middle West followed the lead of New
York, and " freedom of incorporation " became their set-
tled policy,15 but in nearly all of them, the constitution
permitted also the establishment of a state bank with
branches. With the extinction of state bank currency,
however, the general law in all these states became and
continues to be the sole form of bank incorporation.16 The
policy of general laws became the fixed rule of the West,
and as each new state was added to the Union, it placed in
its constitution clauses prohibiting the formation of cor-
porations under special act, and giving the legislature the
right to confer corporate privileges by general law.17

In the other sections of the United States, a very differ-
ent state of affairs has existed. In the New England,
Eastern, and Southern States," down to the time of the Civil
War, the system of special charters was almost universal.
Free banking on bond deposit had been adopted in many

14 Michigan, in 1837, had inaugurated a system of " free " banks
with a circulation based on real estate. See " Banking in Michi-
gan," by Alpheus Fitch. Senate Ex. Doc. 38, pt. 1, 52 Cong.,
2d sess.

15 Mich. (1850), Art. XV, sec. 1; Ind. (1851). sec. 201; Ohio (1851),
Art. XIII, sec. 1; Kansas (1855), Art. XIII, sec. 1; Wis. (1848),
Art. XI, sees. 4 and 5; Iowa (1846), Art. VIII, sec. 1; Minn. (1857),
Art. X, sec. 2.

16 In Illinois, special charters were used to a slight extent before
1870, when the constitution required general laws. Constitution
of Illinois (1870), Art. XI, sec. 1; vide P. & Chicago Gas Trust Co.,
130, 111., 268.

17Cal. (1849), Art. IV, sec. 31; Nev. (1864), Art. VIII, sec. 1;
Neb. (1866), Corp's, sec. 1; Col. (1876), Art. XV, sees. 2, 3; N. D.
(1889), sec. 131; S. D. (1889), sec. 191; Mont. (1889), Art. XV. sees.
2, 3; Wyo. (1890), Art. X, sec. 1; Wash. (1889). Art. XII. sec. 1;
Or. (1857), Art. XI, sec. 2; Utah (1895), Art. XII, sec. 1.

18 The nomenclature of the groups of states followed in this essay
is that used by the Comptroller of the Currency in his report for
1899; the states included in each group may be seen by a reference
to the tables in the appendix.

77] Incorporation. 19

of these states, but only in New York as an exclusive sys-
tem. By the side of the specially chartered banks, the
free banks played but an insignificant role, and when, by
the imposition of the ten per cent tax on notes, no oppor-
tunity was left for the issue of currency, these states re-
turned to the exclusive use of special charters.

In the New England States the system of special char-
ters has held its ground, so far as banking is concerned.18
This has been caused by the fact that the national banks
have filled entirely the needs of this section. Very few
banking charters have been granted in any of the New
England States during the past thirty-five years. Bank-
ing corporations occupied an anomalous position in the
Eastern States. While corporations for carrying on
almost every other business might be organized under the
general laws, it required a special act of the legislature to
form an association for banking purposes.20 The old free
banking laws were retained in some of these states, but
they were not suited to the needs of the banking business,
and special charters were nearly always secured. The feel-
ing for an assimilation of banking to other lines of busi-
ness caused the prohibition of special charters in the Penn-
sylvania Constitution of 1875,21 and in the New Jersey
Constitution of the same year.22 Maryland has a general
law for the formation of banking corporations, but it is
little used, and practically all banks are formed under
special acts.28 Delaware alone of this group retains the
old form of incorporation as the sole means of securing a
charter, its recent constitution expressly exempting banks

19 Vermont permits the organization of banks under a general
law, which is antebellum in its main outlines. In Massachusetts,
also, banks may be organized under its old law, but the conditions
are too onerous for banks simply of discount and deposit.

20 New York, of course, was an exception.

21 Art. Ill, sec. 7. 22 Art. IV, sec. 7, clause 11.

23 The Maryland Constitution of 1867 permits the legislature to
use its discretion in the matter of special acts of incorporation.
Art. Ill, sec. 48.

20 State Bank Legislation. [78

from the corporations which may be formed under general
laws.21

The same tendency, but slower in operation, may be ob-
served in the Southern States. The agricultural interest
has always been predominant in the South. Until quite
recently, commercial and manufacturing industries have
not been of importance, and in consequence freedom of in-
corporation has made but slow advance. Even ordinary
business corporations were, in many of the states, char-
tered by special act nearly as late as the Civil War, and in
only a few states were there general banking laws. Until
the period of Reconstruction, special charters were not
forbidden in the Southern State constitutions. The
framers of the Reconstruction constitutions were familiar
with the provisions — then in force in the Middle West —
requiring corporations to be formed under general laws,
and they attempted to make that the policy of the South.
In many cases the clauses inserted with this aim were
either so limited in application as to leave the hands of the
legislature practically free, or they were omitted in the
constitutions adopted somewhat later; but in Tennessee,20
Arkansas,26 and West Virginia,27 they have remained in
force. More recently, Louisiana,28 Mississippi,29 Ken-
tucky,30 and South Carolina31 have, by constitutional pro-
visions, adopted the general corporation act as the ex-
clusive method of incorporation. An amendment to the
constitution of Georgia, adopted in 1891, permits the Gen-
eral Assembly to incorporate banking companies by gen-
eral act. While these changes did not affect, in most
cases, other lines of business, they marked, in nearly all

24 Constitution of Delaware (1897), Art. IX, sec. 1.
25Tenn. (1870), Art. XI, sec. 8.
28 Ark. (1868), Art. V, sec. 48.

27 W. Va. (1872), Art. XI, sec. 1.

28 La. (1870), Art. 46; also (1898), Art. 49.
2" Miss. (1890), sec. 178.

80 Ky. (1891), sec. 59, subd. 17.
31 S. C. (1895), Art. IX, sec. 9.

?9] Incorporation. 21

cases, a change in the method of granting banking char-
ters.3' Even in those states where special acts are still
constitutionally possible, they are, with one exception,
rarely used. Virginia, Florida, and Alabama all have free
banking laws under which nearly all banks are incorpo-
rated. In North Carolina alone does the special charter
hold entire possession of the field.

The net result of these changes has been a complete re-
versal of systems of bank incorporation in the Southern
and Eastern States. Where, as late as 1870, special char-
ters were the almost universal custom, at present only two
states, Delaware and North Carolina, do not permit the
formation of banks under general laws, and in only a few
others, Virginia, Alabama, Florida, and Maryland, is the
special act used with more or less frequency. The labor
imposed on the legislatures by the increase in the number
of applications for banking charters has been the most
potent cause in bringing about this change.33 There has
also been at work the continually acting tendency toward
assimilation of state constitutions.

Contemporaneously with the movement toward freedom
of incorporation has gone what may be styled the differen-
tiation of the " general incorporation law." S4 In nearly
all the states, prior to the Civil War, there had grown up
" general incorporation laws," under which, to use the or-
dinary phraseology, " associations for carrying on any
lawful business " might be formed. Before i860, banks

33 Since 1885, banks may be incorporated by general act in S. C.
Laws of S. C, 1885, XIX, 212.

38 This is illustrated by the case of Georgia. The plan first
adopted was the framing of a special charter, and then granting to
all succeeding applicants the powers and imposing the liabilities
and duties contained in it. Ga. Laws, 1891, p. 172.

81 The " general incorporation law " has a technical meaning in
American law. Previous to this, the term has been used in its
larger sense in contradistinction to special charters, but hence-
forward it will be used in its stricter meaning of the body of law
under which the great mass of corporations are formed in the
American States.

22 State Bank Legislation. [SO

were never formed in any of the states under the " general
incorporation law " ; special restrictions were always im-
posed, but these regulations related largely to the right of
issue and its proper exercise. After the imposition of the
ten per cent tax on state bank notes, it was apparently felt
in many of the states that the business of banking
could be left to individual enterprise without any special
regulation. Consequently in many of the states the " gen-
eral law " came to include banking in the lines of business
for the conduct of which corporations might be formed.
In some of the " free " banking states, the old provisions
were retained unaltered, and in others, they were repealed
and resort had to the " general incorporation law." The
newer states in the West allowed banking corporations to
be formed under the general law. While there were a few
states which differentiated banking from other corpora-
tions before 1887, the movement may fairly be considered
as having begun about that time. Since then in nearly all
the states,3" there has been a growing tendency to treat
banking differently from other lines of business, and to
recognize that it needs special regulation. This was un-
doubtedly caused by the increase in the number of banks
about that time,38 and the consequent attention which the
subject received.

One difference between the national and the state laws
concerning banking will be readily seen. In the states,
the banking law is part of a larger whole; it simply em-
bodies the differences which the legislature has seen fit
to make between banking and other lines of business.
The foundation on which the state banking laws rest is the
general corporation law; as a general rule, therefore, the
state laws are less exhaustive than the national, since it

35 There still remain a few states having general laws, in which
banks are under the same regulations in every respect as other
lines of business. They are Arkansas, Idaho, Oregon, Nevada.
In many others, the differentiation is slight.

86 See p. 74.

81] Incorporation. 23

is not necessary to legislate specially on points which are
already satisfactorily covered in the general law. The
national banking law, on the contrary, except for judicial
interpretation of the common law governing corporations,
is full and complete in itself. In order to understand the
development and the present status of the state banking
laws, reference must constantly be had to the principles of
the " general incorporation law."

Three forms of incorporating state banks have been in
use since 1865: (1) The special charter; (2) The undiffer-
entiated general incorporation law; (3) The differentiated
general incorporation law. While very few states have
passed through all these, it is yet true that if we look at
the country as a whole, we shall find each method pre-
dominant at a given time. From 1865 to 1875, the special
charter was in use in most states, and from 1875 to 1887,
the " general incorporation law " was the controlling type,
and since then the differentiated incorporation act has
become the almost universal form of bank incorporation.
It is to be noted that the special charter and the " general
incorporation act " were contemporaneous, springing from
different social and political conditions. A high degree of
regulation may be built up under special acts, as was the
case in most of the states prior to i860. The same thing
may be observed in the Southern States. For example,
North Carolina, while still keeping the special act, has a
much higher degree of regulation than many states with
freedom of banking incorporation. It is not therefore
true that the stages described above represent a consecu-
tive development; it is rather to be understood that it is
into the last form that both the others directly transform
themselves. Since, however, at the beginning of the pres-
ent movement, the " general incorporation law " was the
predominant type, especially in those sections where the
influence of state banking has been greatest, it may be
regarded as the starting point for the evolution of the
present systems. Legislation is directed toward the cor-

2i State Bank Legislation. [82

rection of existing systems, and so the aim of the state
laws may be comprehensively described as an attempt to
amend " general incorporation laws " in those respects in
which they have been found unsuited to the proper control
of the banking business.

CHAPTER II

CAPITAL

The " general incorporation laws " have very elastic
provisions as to the amount of capital required. The
" general law " is designed to fill the needs of many classes
of enterprises, varying widely in their needs for capital,
and it has been the rule in the states to leave the size of
the capital almost entirely to the discretion of the incor-
porators.1 The special charter may be quite as liberal
in its provisions with regard to capital as the " general
law," but it is not likely to be so. No American legis-
lature would be likely to grant a banking charter without
requiring a capital, supposedly adequate to the needs of
the corporation. Since the most glaring defect of the
banks chartered under general acts was the absence, in
many cases, of any proper capital, one reason may be seen
why banking legislation has developed so much more rap-
idly in the West than in the South. While the system of
special charters did not furnish sufficient safeguards for
the banking business, it was in many respects, very much
superior to the " general law," and especially was this true
with respect to capital requirements.

As soon as the states began to pay attention to the
regulation of the banking business, the question of bank
capitalization received attention. The national bank act
and the surviving antebellum laws in the Middle West
had special requirements of this kind; in fact, some kind
of capital requirement was recognized as the central point

1 A large majority of the states require neither a minimum nor
a maximum capital. In some, however, a small minimum, rarely
exceeding $1000, is required. The maximum permitted is generally
so large as not to be a question of importance in banking charters.

26 State Bank Legislation. [84

in any regulation of banking. The capital stock is a buffer
interposed between losses, which the bank may suffer, and
the bank's creditors. If there is no capital, losses may
fall directly on the creditor, and the larger the capital
stock, other things being equal, the less the likelihood of
loss to the depositor.2 Wherever any state regulation of
banking has been attempted it has been the universal rule
to enact that banking corporations shall have a certain
minimum capital.

Amount of Required' Capital. — At the present time, only
a few states, the remains of a large number, Arkansas,
Mississippi, Tennessee, South Carolina, Oregon, Arizona,
Idaho, Nevada, New Mexico, and Virginia, have no spe-
cial requirements as to the capital of banking companies.
In these states, so far as capital is concerned, banks are
on the same footing as other corporations. The determi-
nation of the amount of capital needed, rests entirely with
the persons seeking incorporation, except that the Vir-
ginia " general incorporation law " requires a capital of at
least $500.

The minimum capital requirement in the differentiated
banking laws varies from $100,000 to $5000. These
amounts have been determined in each state in one of
three ways: (1) In the states which formerly had undif-
ferentiated systems, banks generally established a mini-
mum for themselves. For example, when California for
the first time, in 1895, required a minimum, it was placed
at $25,000, because, while there were a few banks oper-
ating with a smaller capital, there was no large class of
such banks, and it was thought that no great injury would
be done by debarring them. In Nebraska, on the con-
trary, the law of 1889 fixed $5000 as a minimum.3 This
was a necessity, because there were many banks with no

2 This is not meant as a statement of the economic position of
the capital of a bank; it is the view which the state systems of
regulation take of capital stock.

3 Laws of Nebraska (1889), chap. 37, sec. 1.

SO] Capital. 27

greater capital. Thus, these states have generally ac-
cepted a status established by economic conditions. (2)
In those states which have passed from the use of special
charters to differentiated laws, the minimum required has
been about equal to the capital of the smallest banks for-
merly incorporated by special act. Here also the eco-
nomic factor has dominated the situation. In both this
and the first class, there has been little movement since
the first placing of the minimum, and it is improbable that
there will be any. unless changes should occur in eco-
nomic conditions. (3) The minimum has been set in the
last group in an entirely different way. As has been said
before, certain states, in which " free banking " was most
widely used before the war, retained their banking laws
then in force, without lapsing into the use of " general in-
corporation laws." These states were Indiana, Illinois,4
Ohio, Iowa, Minnesota, Michigan, Wisconsin, New York,
Vermont, and Louisiana. The minimum requirement in
none of these states was less than $25,000. In some of
them, this has been lowered, but in others, it has remained
rigidly at the same amount. As the need for small banks
has sprung up, the old law has not changed so as to meet
the situation fully. Probably the referendum provisions
discussed above have given a fixity to the law in some
states which it would not otherwise have possessed. There
has also been undoubtedly a feeling against the incorpora-
tion of very small banks in some states. Evidence of the
economic need for banks of small capital is afforded by the
fact that in these states, and more especially in the ones
having high minimum requirements, the number of pri-
vate banks is very large.5 The antebellum policy was to

4 The case of Illinois has been somewhat exceptional. It alone
of this group was able to use special charters, but only under the
restriction of the referendum. Its present law, adopted in 1887
(Laws of Illinois, 1887, p. 89), followed the general trend of the
Indiana law, which, passed in 1872-73, was practically the ante-
bellum law remodelled. These states, while not strictly under the
old law, are yet practically under its influence. 5 See p. 85.

28 State Bank Legislation. [86

give incorporation only to banks of issue, and it was be-
lieved that only banks of a certain size could properly
perform that function. The question now is not whether
small banks of discount and deposit shall exist — they are
already in being. The point is whether there is any ad-
vantage in denying the right of incorporation to such
institutions.6 In Michigan,7 Louisiana,8 Minnesota,9 and
New York,10 the old capital provisions have been reduced
to meet this demand.

There is a wide difference in the minimum required in
the various states, and the variation is to a considerable
degree a sectional one. In none of the New England and
Eastern States can the capital be less than $50,000, except
in the case of New York. The $25,000 group begins with
this state, and includes New York, Ohio, Indiana, and Illi-
nois. In the Middle States, except in the case of Missouri,
where special charters prevailed, capital before 1865 was
never less than $25,000, and in Illinois and Michigan, it
was $50,000. Ohio and Indiana have never seen fit to
lower this minimum, but in Illinois it has been reduced to
$25,000. This is still the nominal requirement in Wis-
consin11 and Iowa,12 but in Wisconsin, since only $15,000
need be paid in, 'the minimum is lower for all prac-
tical purposes; in Iowa, savings banks may be formed
with a capital of only $10,000. These banks, for the most
part, carry on a commercial business. There has been an
apparent reluctance to face the situation frankly, and state
banks still seem connected in the legislative mind with note
issue.13 Minnesota and Missouri require a capital of only

6 See on this point, p. 87.

7 Mich. (1887), Art. 205, sec. 1; also (1891), Feb. 26.

8 La. (1882), chap. 80. a Minn. (1887), chap. 63.

10 N. Y., (1874), chap. 126; (1882), chap. 409, sec. 29; (1892), chap.
689. n Wisconsin (1861), chap. 242, sec. 14.

32 Iowa, 15 G. A., chap. 60, sees. 2, 3.

13 The same thing was done in the period immediately after the
war by Kansas and Missouri. Banks, to be known as savings
banks, were chartered with a capital of $50,000, but only ten per

87] Capital. 29

$10,000. Michigan until recently had a minimum of
$15,000. So that the more westerly and northern of the
Middle States require minimum capitals ranging from ten
to fifteen thousand. The more distinctively agricultural
states in the western group have the lowest capital re-
quirements to be found in any of the states. In Kansas,
Nebraska, North Dakota, South Dakota and Oklahoma,
banks may be incorporated with capitals as low as $5000.
The other states of the western group and the Pacific
States do not permit, as a rule, a lower capitalization than
$25,000." In the South, the necessary capital is $15,000
in Georgia, Kentucky and Alabama.1" In Louisiana, the
minimum is still lower, being only $10,000, while in West
Virginia, capital may be as small as $2,500, since only ten
per cent is required to be paid in, the remainder being
subject to the call of directors.

The United States may be divided, then, roughly into
four great groups according to the capital which a bank
must have in order to be incorporated under the state
laws.

I. The New England and Eastern States, requiring,
with the exception of New York, capitals of at least
$50,000.

II. New York, Indiana, Illinois and Ohio, the Pacific
States and Territories, and the less distinctively agricul-
tural of the Western States, requiring $25,000.

III. The Middle States (except Indiana, Illinois and
Ohio) and the Southern States, requiring $15,000 or
$10,000.

cent of capital had to be paid in at once. This was a recognition
of the needs of incorporation, but the old idea that banks of issue
alone were to be incorporated, forced the states to meet needs
by roundabout means. The " savings banks " in both states were
really commercial banks. The names of many banks in Missouri
still reflect this transitional period.

14 In Montana the minimum is $20,000. By an act passed in 1890
(chap. 31), banks may be formed with a capital as low as $10,000
in Wyoming.

" In Georgia and Alabama the minimum capital is $25,000, but
only $15,000 need be paid in.

30 State Bank Legislation. [88

IV. The distinctively agricultural states of the western
group, requiring only $5000.

The reason for the regulation of capital is, as has been
said, that capital is regarded as a safety fund for the pro-
tection of the creditors; the larger the volume of busi-
ness transacted by the bank, the greater the likelihood of
a large loss. The attempt is made, therefore, to establish
by law a relation between amount of business and capital.
In the national bank act, the amount of capital required
depends on the size of the place in which the bank is lo-
cated. It is assumed that a bank in a place of 5000 inhabi-
tants will be able to do a larger business than one in a
smaller town. On account of the small size of the capital
required in some states under the state laws, it has been
thought expedient to carry this principle into minute de-
tails. Thus, in all the states with a $5000 minimum, ex-
cept Kansas,16 a regular scale, advancing by small sums,
is prepared. For example, in Nebraska, towns with less
than 1000 population may have state banks with a capital
of $5,000; less than 1500, $10,000; less than 2000, $15,000.
The general tendency has been toward refinement in the
capital scale. Before the beginning of the present move-
ment toward the improvement of the state banking sys-
tems, it was usual, in states where capital of a fixed amount
was required, to have only one specified sum for places of
any size, and this is still the rule in most cases where the
capital requirement is high. There is much less tendency
to discriminate in capital requirements when $50,000 or
$25,000 is the minimum. Vermont, New Jersey, Pennsyl-
vania, Indiana, West Virginia and Ohio make no distinc-
tions. A minimum capital is fixed, and it is the same for
large and small towns. The refined scales have arisen in
three ways: (1) The uniform requirement was found un-
suited to the needs of the state, since it was not low
enough, and instead of making a lower uniform minimum,

18 See below, p. 32.

89] Capital. 31

banks were allowed to be formed with less capital in small
places. This has been the case in Minnesota, Georgia,
.Michigan, Alabama, Louisiana and New York. (2) In some
cases, in passing from the " general incorporation law " to
a differentiated system, a very low uniform minimum was
required, which was later found to be unsafe, and a differ-
entiated scale adopted. This was the case in Oklahoma.
(3) The " general incorporation law " having given rise to
banks with capitals of varying size, the capital require-
ment, at the outset was graded according to population,
as in California, Nebraska, North Dakota, South Dakota.

It is to be noted that the scales generally do not go very
high. After the capital requirement reaches, in most
states, $25,000, and in some, $50,000, no increase is made
for larger towns. It is only in Kentucky, New York, Cali-
fornia, Illinois, Michigan and Massachusetts that require-
ments go to $100,000. As compared with the national
system, the necessary capital is, generally, lower not only
for small towns, but for places of any size. The gradation
does not advance so rapidly, nor extend so far. The
recognition of capital as a fund for the security of credit-
ors did not figure often in our early banking history. The
same idea, however, was the basis of the restriction of
note issue according to capital. Looking, as the antebel-
lum systems did, to the security of the note holder, it was
natural that the capital should be considered a fund for
their protection. These restrictions also served the pur-
pose of keeping the note issue within bounds.

It is evident that regulation of capital according to the
population of the place in which the bank is located is a
very crude way of securing any proportion between capi-
tal and volume of business. The more elaborate the slid-
ing scale is made, the more nearly on an average will an
approximation be made to the desired result, but no scale
can take into account differences in localities as to busi-
ness, nor the more important question of competition.
Even if towns of 1500 population had equal amounts of

32 State Bank Legislation. [90

business, it cannot be known among how many banks this
is divided. So that if capital regulation is of any value, it
seems worth while to secure a more regular proportion
between capital and deposits than can be gotten by scales
based on population. In this connection, the recent legis-
lation in Kansas is worthy of notice. In 1897, the legis-
lature being convinced of the utility of grading its capital
requirement, which had previously been a uniform mini-
mum of $5000, made use of a new method of applying the
principle that capital should be regulated according to
business. It was enacted that the total investments of any
bank, exclusive of United States bonds, should not ex-
ceed four times the capital and surplus actually paid in.17
The purpose and operation of this clause is thus described
by the Kansas Bank Commissioner.18 " One provision,
which produced the greatest opposition, was the section
which limited the total investments of every bank to four
times its capital and surplus. The theory upon which the
adoption of this section was urged, was that a bank's capi-
tal should bear some proper proportion to the volume of
business transacted by it; and there being no possible way
by which the amount of deposits could be restricted, the
idea of restricting the investments appeared to be, not
only possible, but wise. It was argued, in support of the
proposition, that it would result in an increase in the capi-
tal of small banks, thereby giving greater protection to
depositors; that it would not be a difficult matter to pro-
cure additional capital when, for each thousand dollars
thus invested, the bank could invest four thousand dol-
lars, and above all, that banks should be content with re-
ceiving an income on four dollars for every dollar in-
vested. The operation of this section has resulted in
nearly one hundred banks increasing either their capital
or surplus. Many have carried their entire earnings to

17 Laws of Kansas (1897), chap. 47, sec. 9.

18 Report of Bank Commissioner, 1897-98, p. VIII.

91] Capital. 33

surplus, thereby adding to the strength of the bank and
the security of depositors."

It has been contended by an eminent authority that such
legislation is of no value, being based on " a conjectured
average too rough to be of service in any individual case,"
and that, " in this respect, as in so many others, the judg-
ment of the persons most interested, acting under the law
of self-preservation, is far more trustworthy than any legis-
lative decision." 19 There seems, however, a general con-
sensus of legislative opinion that some form of regulation
of capital is necessary. The theory on which the state and
national systems of bank regulation rest is that it is proper
to prescribe those things which persons would do if they
acted with good judgment. The majority of bankers
would lay by a surplus fund if there were no legal require-
ment, but it is none the less expedient to force others to
do likewise. It is also to be noted that with regard to
the size of capital, the interest of the banker runs counter
to the protection of the depositor. The larger the busi-
ness which can be built on a capital, the greater will be the
dividends earned. The banking laws are built on aver-
ages; if prescribing a certain capital will cause men, who
otherwise would not, to make business and capital more
closely correspond, and if this is desirable and can be
accomplished without any ill effects, it seems a proper
addition to the banking laws.

There is one consideration, however, which deserves
attention. Under the operation of the sliding scale, what
might be termed a " capitalistic monopoly " is created.
For„ example, in a town of 2000 people, if the capital re-
quired is $50,000, there would probably be one bank only,
since there is not enough business to justify dividends on
two such capitals, and no smaller bank can be started.
Under the Kansas system, another bank could be organ-
ized with $5000, and as its business increased, its capital

19 Dunbar, " Theory and History of Banking," p. 21.
7

34 State Bank Legislation. [92

would grow. Evidently, competition is made freer, but it
is doubtful if this is beneficial. While competition should
be allowed, the economies of larger institutions ought to
be preserved. The one bank would serve the people more
cheaply in all probability than several smaller ones. It
would appear then that a sliding scale is of importance,
and should be supplemented, and not supplanted, by the
Kansas method. It is necessary, of course, in any appli-
cation of the Kansas law, that sufficient encouragement
should be given to individual enterprise. If the capital
requirement is heavy, the incentive to build up business
will be reduced and deposits which might be secured, will
not be obtained. To restrict investments to four times
the capital and surplus is, however, not a hardship. The
national banks, on the average, do not do nearly so profit-
able a business. In 1899, their investments were only
about three times their capital and surplus.

Payment of Capital. — Under " general incorporation
laws," there may be a wide difference between nominal
and paid-up capital. The amount of the variance is left
to the discretion of the directors, who have power to re-
quire the payment of the remainder of capital at such times
as they think proper.20 As long as banks were allowed to
be incorporated under the general law, it was possible for
the authorized capital to be largely in excess of the sum
actually paid in. It is assumed that persons having deal-
ings with corporations will be able to ascertain the real
capital; but the depositor in a bank stands on a different
footing. As a general rule, he is unable to distinguish
between the nominal and the authorized capital. He gives
credit frequently on the basis of the published capital, and
it has been thought expedient that there should be no
possibility of deception in the matter. The working of a
law undifferentiated in this respect has been forcibly de-

20 In some states part of the capital must be paid in, e. g., in
Vermont, one-half; a number of states require ten per cent, but
in the great majority, no sum is fixed.

93] Capital. 35

scribed by the California Bank Commissioners as follows:
" Licenses to conduct the business of banking have
been demanded and received under the law, the Com-
missioners being powerless to refuse them, when the
amount of capital stock paid up was merely nominal, in
fact, infinitesimal, and these concerns most loudly pro-
claim their authorized capital." 21

Again, if capital is regarded as a fund for the security
of depositors, it is absolutely necessary that the capital
should be paid up, or the purpose of the law is defeated.
As has already been pointed out, in certain states the capi-
tal requirements are considerably affected by the pro-
visions for payment. It is useless to prescribe a minimum
capital, unless some provision is made to secure payment."
The case of West Virginia is in point; nominally the mini-
mum capital is $25,ooo,"3 but practically, the law is entirely
undifferentiated in this respect. Only ten per cent need
be paid in before the certificate of incorporation is issued,
and the remainder is subject to the call of directors. These
conditions are the same as those prescribed under the
" general law " for ordinary corporations.

The national banking act has been the most powerful
influence in determining the form of the state legislation
designed to amend this evil. In the following states, fifty
per cent must be paid in before beginning business,
and the remainder in a specified time, ranging from five
months to two years: Pennsylvania, South Dakota,
Missouri, California, Oklahoma, Wyoming, Colorado,
North Dakota, Massachusetts, Florida, Kentucky, Indiana,
Michigan.21 In the most recent legislation, a tendency to

21 Twelfth Annual Report of Banking Commissioners of Cali-
fornia.

5J Such provisions may be of importance, however, in another
way. See page 58.

23 Laws of West Virginia (1872), chap. 215.

"Slight variations from this rule are Ohio, 60 per cent; Utah,
25 per cent, remainder in one year; Washington, three-fifths.

36 State Bank Legislation, [94

go somewhat farther in stringency has manifested itself,
and in Maryland, New York, Iowa, Montana, Vermont,
Minnesota, Nebraska, Illinois, New Jersey and Kansas
the entire capital must be paid up before any business can
be transacted by the corporation. In Georgia and Wis-
consin, specified sums must be paid in, irrespective of the
size of the capital. The remaining states are less rigid in
their requirements. In those enumerated above as not re-
quiring a minimum amount of capital, there are naturally
no provisions for payment. It is quite conceivable, how-
ever, that a state, which has no minimum capital require-
ment, might yet endeavor to have authorized and real
capital correspond in order that the depositor might not
be deceived by a fictitious capital, but as the first step
usually taken by a state in bank regulation is the fixing of
a capital minimum, no such attempt has been made in any
of the states.

The only good reasons for allowing any part of the capi-
tal to reman unpaid are: (i) That the bank cannot use
all of its capital conveniently at first; (2) The convenience
of the shareholders in paying by installments. Any pro-
visions allowing a greater time than is required by these
considerations are to be condemned as likely to lead to
evils.

Impairment of Capital. — Having secured the payment oi
a capital considered requisite for the business, it is neces-
sary to provide that the amount paid in shall not be im-
paired in any way except by a decrease of stock, which
shall not be so great as to reduce capital below the legal
minimum. There are two ways in which capital may be
impaired: (1) By payment of unearned dividends; (2) By
losses being greater than profits.

Under the " general incorporation law," it is the usual
rule that dividends are to be paid only from earnings, but
in providing a safeguard, the states may be divided into
two great classes: (1) Those imposing a liability on di-
rectors for dividends which impair capital; (2) States

95] Capital. 37

which make directors responsible only when dividends im-
pair the capital to such an extent as to make the assets
less than the liabilities of the corporation. The second
class of states is by far the more numerous, and in them
there is no restriction on the payment of dividends so long
as the assets exceed liabilities. It is difficult in the case of
the ordinary corporation to ascertain whether dividends
are paid from capital or earnings, since such a calculation
depends on the valuation of property. In the case of a
bank, property is almost entirely in the form of debts due
the bank, and the value of such assets is easier to esti-
mate.25

Before the enactment of the national banking act, it
had become a well-settled rule in state legislation that
dividends could only be paid when the net profits of the
bank exceeded its losses, and that if capital was impaired
by losses, no dividends should be paid until the capital
was restored to its proper amount.26 The same principle
has been recognized in the state banking systems since
1864. Even in most of the states where the " general incor-
poration law " does not restrain impairment of capital, it
has been recognized that banks should be regulated differ-
ently in this respect.

The national law in its original form did not provide any
better method of keeping capital up to its full value. It
was not until 1873, that the Comptroller of the Currency
received power to order the directors to assess share-
holders when capital was impaired.27 Previous to that
time, the only remedy was to wait until profits made up

25 According to nearly all the state laws, debts unpaid for a cer-
tain length of time are not to be considered in estimating a bank's
assets for the purpose of finding net profits.

20 See, for example, New York (1838), chap. 260, No. 28; Wis.
(1852), chap. 479, sec. 40; Minn. (1866), chap. XXXIII, No. 31;
Ohio (1851), 49, v. 41, sec. 22; Ind. (1855), p. 23. If dividends
were made, any person in interest might apply to the courts for a
receiver.

27 Sec. 5205, Revised Statutes of U. S.

38 State Bank Legislation. [96

for losses. In the state systems, the simple prohibition of
dividends in case of impairment of capital was not ade-
quate to the necessities of the case, but in nearly all the
legislation it was the only remedy available, until within
a comparatively recent period. Before any method of
assessment could be put in force, it was necessary that
there should be a satisfactory system of examinations, and
in some cases, even after this has been provided for, there
has been a slowness in giving the officials such summary
powers.28 In most of the states where inspection is thor-
ough, this power has been given to the heads of the state
banking systems. As soon as examinations were regu-
larly made, it was found that in many cases the capital of
banks was grossly impaired,29 and it was urged that a sum-
mary remedy be provided for this evil. In general, legis-
lation has followed the lines of the national bank act as
amended, and the state officials have been given authority
to order directors to make an assessment, and if this is
not done, to apply for a receiver for the bank. This is the
provision of the law in New York,30 Michigan,31 Okla-
homa,32 Missouri,33 Kansas,34 Nebraska,35 Pennsylvania,35
Minnesota,37 Georgia,3S Florida 3!) and Indiana.40 In Illi-
nois, the State Auditor, himself, assesses and collects the
sum necessary to restore capital.41 By the Iowa law if
the directors of a bank do not assess on the order of the
State Auditor, they are themselves responsible for any

2S See for further discussion of this point, " Supervision."

29 For example, see " Report of Bank Examinations in Missouri,"
1897.

3U N. Y. (1890), chap. 429.

81 Mich. (1889), chap. 205, sec. 42.

32 Okla. (1899), chap. 4, sec. 43.

33 Mo. (1895), P- 97-

34 Kans. (1897), chap. 47, sec. 20.

35 Neb. (1889), chap. 37, sec. 13.

30 Pa., Feb. (1895), sec. 6. P. L. 4

3T Minn. (1895), chap. 145, sec. 19. 3S Ga. (1895), p. 58.

3a Fla. (1889), chap. 3864, sec. 34.

40 Ind. (1895), p. 205. 41 111. (1887), p. 90.

97] Capital. 39

losses." The Wisconsin law simply provides for the pub-
lication of the fact in a local newspaper, if any impairment
is not made good.43 In the other states, the only way by
which losses must be made good is by the accumulation of
profits.

,2 Iowa. 25 G. A., chap. 29, sec. 2. The power is given by the
code revision of 1897 to apply for a receiver if the directors do
not comply. Code of Iowa, sec. 1877.

"Wisconsin (1895), chap. 291, sec. II. The law of 1897, passed
by the legislature, but rejected by a popular vote, gave the Exam-
iner the right to apply for a receiver.

CHAPTER III

SUPERVISION

As it has become necessary to differentiate banks from
other corporations in the matter of capital, there has also
arisen a need for supervision, partly to insure that capital
requirements are observed; partly that other regulations
peculiar to the business of banking are obeyed. Thus,
while supervision may be considered, in itself, a differenti-
ation of the " general incorporation law," it is set up in
order that other differentiations may be effectively carried
out.1 As long as banking was on the same footing as
other lines of business, supervision was rarely exercised.

In its highest form of development, supervision includes
adequate means of ascertaining whether the law is com-
plied with, together with the bestowal of power on some
state official to act when violations occur. In reaching a
conclusion as to whether a bank is obeying the law, two
means are used: (i) Reports under oath are to be
made at intervals by the bank's officers; (2) Examina-
tions are made from time to time by state officials. The
only form of supervision widely in use in the states until
the beginning of the present movement, was the require-
ment of reports. In many of the states, the antebellum
laws had imposed on banking corporations the duty of
making reports of condition, and this legislation, for the
most part, has remained in force during the whole period
since the passage of the national bank act. Thus, in 1873,
when the Comptroller of the Currency first began to pub-

1 California is unique in this respect. Its system of supervision
was originally imposed on a general incorporation law. Gradually,
however, a considerable degree of differentiation has been brought
about.

99] Supervision. 41

lish statistics of state banks, reports were made in nearly
all of the New England, Eastern and Middle States.

An examination of the table on page 49 will show
the improvement since that time in this respect. It
will be seen that in some cases, laws have been passed
requiring reports but making no provision for examina-
tions. Of this character, are the laws of Mississippi,2 Colo-
rado,3 Washington 4 and Kentucky.5 This was the status
of supervision in a large number of states prior to 1887,
and it may be considered as the first stage in the evolution
of the present systems. Banks were usually required to
publish these reports in some local newspaper, and thus
a certain amount of what may be styled " public super-
vision " was attained.8 When used alone, however, re-
ports furnish an inadequate basis for an efficient system
of regulation. In the years preceding 1887, in the ma-
jority of the states, reports were made on fixed days,
and generally, not more than once a year.7 Since the re-
port has become a real means of supervision, its char-
acter has changed; it is now made more frequently, and
on days set by the state officials, and not known in advance
by the bank's officers. So that there has been a rapid
increase both in the number of states requiring reports,
and an equally important advance in their efficiency.

Bank examination has been always somewhat later than

■ Miss. (1888), p. 29. 3 Col. (1877), Sec. 243.

4 Wash. (1886), p. 84.

5 Ky. (1893), chap. 171. The Secretary of State may require
reserve to be made good, but evidently such a power can seldom
be exercised simply on the basis of a report.

* In Tennessee, while banks make no reports to state officials,
they must publish statements of condition in a local newspaper.
Tenn. (1875), chap. 142, sec. 17.

7 A considerable part of this kind of legislation has had the aim
of securing statistical information. The Comptroller of the Cur-
rency, at various times, has urged on the state governments the
expediency of requiring reports (see Report of the Comptroller of
Currency, 1879, p. 59), and it was in compliance with his request
that the greater part of the legislation prior to 1887 was enacted.

42 State Bank Legislation. [100

reports in making its appearance as a means of supervi-
sion. Even at the close of the Civil War, it was only in
the New England States that banks were regularly exam-
ined by state officials.'' In the other states, examinations
were made only when there was reason to suspect im-
proper management, or on application of stockholders or
creditors. The development of legislation on this subject
in New York may serve as a type of that in the other
states. Under the provisions of the Safety Fund Act, the
Commissioners were to examine each bank quarterly;9 the
" free banks," however, were not subject to this require-
ment, and were only examined by order of the Chancellor
on application of persons interested.10 During the years
1842-1843, all banks were under the supervision of the
Safety Fund Commissioners,11 but in 1843, their office was
abolished, and the Comptroller placed in charge of banks.12
He was not empowered, however, to examine them, unless
he suspected their solvency, and it was not until 1884, that
examinations were required to be regularly made. The
first attempts at supervisory legislation after the Civil War
generally followed the precedent set by the laws already
in existence. Thus, in Virginia,13 Florida,1* New Mexico,15
and North Carolina,16 the examinations were to be made
only on application, or when some state official considered
the bank unsafe. The only laws passed prior to 1887
which provided for regular examinations were those of
New York,17 Indiana,18 Minnesota,19 and California.20 Since

" Rhode Island was an exception, following the Eastern and
Middle states in this respect.

9 New York (1829), chap.' 94, sec. 5.

10 New York (1838), chap. 260, sec. 25.

11 New York (1841), chap. 363.

12 New York (1843), chap. 218, sec. 6.
18 Va. (1884), chap. 108, sec. 1.

14 Fla. (1868), chap. 1640, sec. 12.

15 N. M. (1884), chap. 36, sec. 7.
10 N. C. (1887), chap. 175.

17 N. Y. (1882), chap. 409, sec. 12.

18 Ind. (1873), chap. VIII, sec. 18.

19 Minn. (1878), chap. 84, sec. 14. 20 Cal. (1878), p. 840.

101] Supervision. 43

then, the movement has been rapid, until at present, regu-
lar examinations are made in all the states, except Dela-
ware, Virginia, South Carolina, Mississippi, Alabama,
Arkansas, Tennessee, Kentucky, Ohio, Colorado, New
Mexico, Washington, Oregon, Idaho and Nevada. It will
be noticed that nearly all these states permit banks to be
formed under the " general incorporation law." Ohio, Col-
orado, Alabama, Washington and Kentucky are the only
ones in the list requiring a specified capital for the forma-
tion of banking corporations. On the other hand, Arizona
is the only one of the states and territories incorporating
banks under a general law which has regular examinations,
and no capital requirements.

The influence of the adoption of a system of supervision
on the banking laws is marked. While the purpose of
supervision is to carry into effect laws which without it
would be inoperative, when once put into operation, it
becomes itself an active force in promoting new legisla-
tion. Examinations soon disclose evils which the law
does not deal with, or for which the remedy provided is
inadequate. New legislation is asked for, and usually
granted by the legislatures.

There are, then, fifteen states and territories in which
there are no provisions for the examination of state banks.
This statement gives, however, an erroneous impression
of the extent to which state banking is unsupervised, since
the number of banks in these states is somewhat below
the average. Of 4200 banks incorporated under state
laws, in operation in 1899, nearly 3100 were regularly ex-
amined by state officials, so that while only about two-
thirds of the states provide for supervision, the number
of banks in those states is three-fourths of all the state
banks in existence. In recent years, the extension of
supervision has been much faster than the growth in num-
bers: in 1887 there were 1526 state banks in all the states
and territories, and only 341 were subject to regular ex-
aminations. While state banks since that time have nearlv

11 State Bank Legislation. [102

trebled in numbers, about nine times as many banks are
now under effective supervision as there were then.

An examination of the list of states making no provision
for periodical examinations, will show that they fall into
two groups: (i) The states and territories in which settle-
ment is very recent, and especially those in which mining
and stock raising are more important than agriculture;
(2) A considerable number of the Southern States. Dela-
ware and Ohio are exceptions, falling in neither class. In
the former group the number of banks is as yet small, and
the matter has not been deemed of importance. On the
contrary, there are in the South, a large number of state
banks. Of the 1100 banks which are not examined, over
800 are located in this section. The reason for the back-
wardness of Southern banking legislation in this respect
is not to be found in any peculiarities of the banking sys-
tems in these states, although it is possible that the use
of special charters continuing there later than elsewhere
may have somewhat retarded the development of systems
of supervision. That this cannot be the fundamental cause
is shown by the fact that both North Carolina and Georgia
began the examination of banks while using special acts
of incorporation. Also some states, such as Mississippi
and Arkansas, which have had the general act as the ex-
clusive means of incorporation for a considerable time,
have not yet developed any effective supervision. A truer
explanation would probably be found in the general legis-
lative tendencies of the Southern people. In no section
of the country has there been less control of private busi-
ness by the state governments than in the South. The
policy of laissez faire has been, until recently, consistenly
pursued. There are signs, however, that a movement
toward bank supervision is in progress. The constitution
of South Carolina adopted in 1895,21 and the Louisiana

21 Art. IX, sec. 9; also laws of 1896, No. 48. For some reason,
however, this law has been inoperative, and there is as yet no
bank examination in South Carolina.

103J Supervision. 45

constitution of 1898," both provide for the appointment of
state examiners.

In the method of paying bank examiners for their ser-
vices, the state laws have made a noteworthy improve-
ment upon the national system. A national bank exam-
iner is paid entirely by fees.23 In his report for 1887,21 the
Comptroller of the Currency said, " From many points of
view, it would be expedient for the examiners to be paid
out of the tax on national banks, and not by fees. The
present system establishes relations between the bank and
the examiner which are inconsistent with the functions of
that officer, and with what ought to be his attitude toward
the bank." Futhermore, under the fee system it is to the
the interest of the examiner to make his inspection as rap-
idly as possible, since the amount of his earnings depends
on the number of banks he examines. Various methods
have been used in the different states to overcome this de-
fect in the national bank act. The most common has been
to require the banks to pay fees to the state treasury, and
examiners are paid an annual salary. This is the case in
Michigan,25 Oklahoma,28 Wisconsin,27 North Dakota,23 Mis-
souri,28 and Minnesota.30 In other states, the expenses of
supervision are assessed on banks, usually in proportion to
capital or deposits. This method is followed in New
York,31 California,32 and Georgia.33 The examiners are re-
garded as state officials, and are paid by salary, but it is
considered proper that the banks should pay all or part

23 Art. 194; also laws of 1898, Art. 198.

23 Revised Statutes of the U. S., sec. 5240.

24 Page 9. See also to same effect, Report of Comptroller of Cur-
rency, 1900, Vol. I, p. xxvii.

" Michigan (1887), Art: 205, sec. 40.

20 Oklahoma (1899), chap. 4, sees. 25, 26.

27 Wisconsin (1891), chap. 295, sec. 7.

28 North Dakota (1893), chap. 23.
" Missouri (1897), P- 83.

80 Minnesota (1893), chap. 41, sees. I, 2.

" New York (1882), chap. 409.

" California (1878), p. 740. M Georgia (1889), p. 65.

46 State Bank Legislation. [104

of the expenses. There are some states, usually those in
which banks are few, where some state officer having other
and more important duties is charged with bank supervi-
sion, and no fee is imposed on the banks, the state paying
all expenses. It may be said in general that nearly all the
states in one way or another have avoided, the evils of the
fee system.

If then, by examinations or reports, it is disclosed that
the bank has an impaired capital, is violating the laws, or
is insolvent, what power is given to state officials to take
action? It is usually required that notice shall be given,
but if this proves ineffective, the proceedings for insolvency
must be taken. It is here that a radical difference appears
between the state and national systems. Under the state
laws, the courts must be applied to for the appointment of
a receiver,34 while the Comptroller of the Currency has
power, without the intervention of judicial procedure, him-
self to appoint a receiver, who acts under his direction.
The final power, then, to regulate state banks rests with
the law courts, while national banks are under the control
of the Comptroller. The one is a judicial, while the other
is an administrative system. Receivers for all other cor-
porations are judicial officers, and the legislatures of the
states have been unwilling to distinguish, in this respect,
banking from other corporations. Before the passage of
the national bank act, the appointment of bank receivers in
all the states was in the hands of the courts. The condi-
tions surrounding the national act, made it necessary to

34 The state official is not always authorized to apply for a
receiver. In Wisconsin and Louisiana, publicity is relied on; the
bank continues, but the people are warned by publication of its
condition. The Bank Examiner of West Virginia reports to the
Board of Public Works, which has power to revoke the bank's
charter. The State Examiner of South Dakota simply reports to
the Governor. Of course, in those states where there is no super-
vision, action must be taken by the individuals concerned as in the
case of the ordinary corporation.

105] Supervision. 47

give this power to the Comptroller.3' The matter passed
from the courts. In the national system, the decision of
the Comptroller is final and no room is left for a contest
on the part of the bank.

As soon as state supervision became well organized, it
was seen that the appointment of receivers by the courts
failed to cover the needs of the case in one important par-
ticular. In the time which must necessarily elapse before
action could be taken by a judge, assets were frequently
misapplied by the directors. Arrangements were entered
into which seriously diminished the fund from which de-
positors were to be paid. In order to prevent such a dis-
persion of the assets, under the antebellum systems it was
usually made the duty of some state official to secure an
injunction forbidding the bank to carry on business or to
transfer its assets.30 To secure an injunction requires
time, and speedy action is desirable. This would, how-
ever, without any doubt, have been the direction which the

35 It is of interest to note that the cases in which the Comptroller
may appoint receivers have been steadily increased. Originally, it
was only when a bank defaulted on its notes that he could take
charge of it. In 1870, he was authorized to appoint receivers for
banks with impaired capital, and it was not until 1876 that his
power was extended to cover cases of insolvency. Even at the
present time, violations of some provisions of the national bank act
can only be punished by a resort to the courts for a dissolution of
the corporation.

88 The New Jersey act of 1889 for bank examination follows the
old method, and may be taken as an example. It runs: "When-
ever it shall appear as the result of examination that the affairs
of any such corporation are in an unsound condition ... or that
it is transacting business ... in violation of law, it shall be the
duty of the Attorney-General, on notice by the Commissioners, to
apply forthwith, by petition or bill of complaint or information,
to the chancellor for an injunction restraining such corporation
from the transaction of further business, or the transfer of any
portion of its assets in any manner whatsoever, and for such other
relief and assistance as may be appropriate to the case; and the
chancellor being satisfied of the sufficiency of such application,
or that the interests of the people so require, may order an
injunction, and make other appropriate orders in a summary way."
N. J. (1889), P- 368, chap. CCXXXIV.

48 State Bank Legislation. [106

state legislation would have taken, if it had not been for
the example of the national bank act. The plan actually
adopted has been to confer on state officials the power to
take charge of a bank immediately, and hold its assets
until a receiver is appointed, or the application refused.
This authority, in most cases, has been given somewhat
later than the power to apply for a receiver, and may be
considered a movement in the direction of a more highly
administrative system.37 Many states, however, have never
taken this step.83

37 In some states there is a slight control over receivers by the
state bank officials. In Michigan, dividends are distributed under
the order of the State Bank Commissioners, and insolvent banks,
in a few states, are examined periodically, but it may be said in
general that the administration of assets is an exclusively judicial
duty. Even statistics of insolvent banks are printed in only a
few of the state reports.

38 The following table shows for each state the present stage and
the development of its supervision.

Table Showing Growth and Present Status of State Bank
Supervision.

WSJ£,SS

Power confer-
red on State
officials to
apply for a
receiver

Power confer-
red on State
officials to
take posses-
sion of bank
pending ap-
pointment
of a receiver

Maine.
N. H. .
Vt. . . .
Mass. .
R. I...
Conn. .
N. Y. .
N. J. . .
Del. ..
Md. . . .
Pa. ...
Va. . . .
W. Ya.
N. C. .

S. C.
Ga. ..
Ala. .
La. ..
Fla. . .
Miss.
Tex. .
Ark. .
Tenn.
Ky. .
Ohio .
Ind. .
111. . .
Mich.
Wis.,
la.. . .
Minn.
Mo...
Kan..
Neb. .
N. D.
8. D..
Okla.
Mon. .
Wyo.
Col. .
N

Ante bellum Ante bellum

Ante bellui
1884
1889

Ante bellum

1870
Antebellum
1884
1891
1887

1889

1882
1869

1888

1870
Ante bellum

1877
1891
1877
1890
1891
1897
1887
1888
1877
1884
1885

1878

1888

1893

1898
1891

1891
1889

1889

1898
1897

1873
1887
1887
1895
1891
1878
1895
1891
1889
1S90
1891
1897
1895
1888

1898
1891

1891
1895

1892
1899

1898
1895

1895
1887
1887

Antebellum
1889
1895
1891
1889
1893

1897
1899
1895

1878

1895
1887
1893

1897
1889
1895
1891
1895
1893

1897
1899
1895

1895

1893

CHAPTER IV

REAL ESTATE LOANS

There is no more characteristic difference between the
state and the national banking laws than the fact that
almost without exception, state banks may loan on real
estate security, while national banks are prohibited from
doing so.1 In the antebellum state laws, in only a few
cases were the banks forbidden to loan money on landed
property. As long as banks were chartered under the
" general incorporation law," they had power to make loans
on every form of security, and in the transition to a differ-
entiated law, the legislatures of the various states have
still allowed the same freedom.2 In some cases, where the
influence of the national act has been strong enough at
the outset of state bank regulation to secure the insertion
of the prohibition against real estate loans, it has later
been found desirable, after some experience, to amend the
law in this respect.3

While there has been no long-continued tendency in the
state legislation to follow the national bank act in its pro-
hibition of real estate loans, there has been, in a few states,
a movement toward placing a limit on the amount of such
investments. The law recognizes the propriety and safety
of such business, but also endeavors to keep it within
bounds. Thus, by the South Carolina law, not more than
one-half of the capital and surplus may be loaned on mort-
gages of real estate.4 Similar restrictions are imposed by

1 Revised Statutes of the United States, sec. 5137.

2 The only exceptions are Oklahoma and Ohio.

3 North Dakota (1899), chap. 28; South Dakota (1893), chap. 23.

4 South Carolina (1887), No. 427.

109] Real Estate Loans. 51

the laws of North Dakota," South Dakota,0 and Michigan.'
The most elaborate provision on the subject is that con-
tained in the defeated Wisconsin act of 1897, in which it
was enacted that " no bank should lend to an amount
exceeding twenty per cent of its capital stock upon mort-
gages or any other form of real estate security, except on
the adoption of a resolution by a two-third's vote of the
boad of directors, specifying some larger amount which its
officers might loan upon real estate security; provided that
in no event should any bank so loan an amount to exceed
twenty-five per cent of its capital, surplus, and deposits,
and provided that banks doing business in villages or cities
having less than six thousand inhabitants under the last
official census, might loan a sum not to exceed thirty-three
and one-third per cent of the aggregate of its capital, sur-
plus and deposits upon real estate security." 8 With the
exception of these states, and of those in which real estate
loans are entirely prohibited, the amount of such invest-
ments is left entirely to the discretion of the officers of state
banks.

Real estate security, as a basis for bank loans, has been
quite generally condemned by writers on the subject of
banking. Mr. Horace White says, " The reason why lands
and buildings ought not to form the basis of the loans of
a commercial bank is that they are not quick assets. The
liabilities of the bank being payable on demand, the assets
must be converted into money within short periods. When

5 North Dakota (1899), chap. 28.
8 South Dakota (1893), chap. 23.

7 Michigan (1887), Art. 205, sec. 23. Under the provisions of the
Michigan law, no real estate loans can be made until a resolution
stating the extent to which such loans may be made has been
passed by a two-thirds vote of the directors. The amount must in
no case be more than fifty per cent of the capital of the bank.

8 Wisconsin (1897), chap. 303, II, sec. 23. This law was stren-
uously opposed in some quarters on the ground that it did not
provide sufficiently for real estate loans, and it was largely owing
to this feeling that it was defeated by the popular vote. (Fifth
Annual Report of the Bank Examiner of Michigan, p. IX.)

52 State Bank Legislation. [110

real property is given as security for a debt, both borrower
and lender look to it, and not to the personal obligation, as
the source of payment." 9 It will be seen that this theory
is predicated on the assumption that the deposits are de-
mand liabilities, but it is one of the salient features of state
banking that a large part of the deposits are time liabilities.
It is not possible to ascertain for all the states what pro-
portion time deposits bear to those payable on demand, but
the following table shows the relation in a few typical
states :

Demand Deposits. Time Deposits.10

Wisconsin (1899) Dec. 2, $19,803,760.83 $23,874,040.77

Louisiana (1899) Dec. 31, 12,280,772.58 4,092,688.59

Kansas (1898) July 14, 19,553,081.17 2,841,875.14

N, Carolina (1898) Sep. 20, 3,822,990.44 389,560.88

Missouri (1899) Aug. 22, 62,980,924.93 15,469,496.03

Mississippi (1899) June 30, 9,031,982.28 797,100.12

New Jersey (1899) Dec. 2, 8,711,107.52 39,044.83

Indiana (1897) Oct. 20, 9,848,669.15 1,060,933.70

Illinois (1899) Dec. 4, 94,223,716.40 12,969,561.30

In the development of a community, there is a period
when the functions of a savings bank and of a commer-
cial bank are united in one institution, which has time lia-
bilities, as well as demand deposits. In an agricultural
section, these functions continue united, and the bank is a
place of investment for a portion of its patrons. It seems
perfectly safe that such a bank should have power to loan
on real estate security. As industrial life develops, differ-
entiation sets in, and two kinds of banks emerge — savings
or investment banks,11 and banks of discount and deposit.

9 " Money and Banking," p. 409.

10 Savings deposits are excluded wherever possible from these
figures, and only deposits on time certificates included.

11 Time deposits are usually made in large sums, and so differ
from savings deposits, which are generally accumulated by degrees,
but their fundamental similarity for the purposes of this discussion,
consists in the fact that both kinds are regarded as investments,
and consequently, are not demand liabilities.

Ill] Real Estate Loans. 53

It will be noticed in the preceding table that the state banks
in New Jersey have practically no time deposits. In other
words, the separation of the two classes is complete in that
state.

The national banking act was not designed to fill the
needs of the country for banks of discount and deposit,
except in so far as those needs might be incidentally filled
by banks primarily intended as a means of note issue. It
was supposed that banks with $50,000 capital would be
located in places where they would have no considerable
amount of time or savings deposits, and it was for such
banks that the prohibition against real estate loans was
designed.12

Other things being equal, the larger the town, the more
complete is the separation of savings and commercial
banks,18 and consequently, the less ought to be the invest-
ment in real estate securities. This is the principle adopted
in the Wisconsin act of 1897 mentioned above, and it un-
doubtedly ought to form the basis for any legislation as to
the amount of real estate investments which a bank may
make. There is reason, however, to believe that self-inter-
est will effect this without legislation. In smaller places,
real estate loans yield as high a rate of interest as any
other investment, but in cities, the rate of interest ob-
tained on commercial loans is higher than that which can
be gotten by loans on land, and consequently, banks will
lend on personal and collateral security by preference. An
interesting analysis recently made by the Bank Examiner
of Wisconsin shows that the matter thus works itself out.
He says, "A classification of the loans and discounts indi-

" There is a growing disposition to regard a reasonable amount
of real estate loans as safe for a bank carrying only demand de-
posits. In most cases, a mortgage, if well secured, is quite as
convertible as are stocks and bonds, on the security of which all
national banks freely loan. See, for recent discussion, Banker's
Magazine, Vol. 54, page 12 (editorial).

18 In several states in the Middle West, even in the largest cities,
the banks retain this composite character. See Appendix, p. 112.

54 State Bank Legislation. [112

cates that $31,012,220.37, or 77 and 98-100 per cent of this
class of assets, consists of paper with or without other
personal security, and $8,749,881.51, or 22 and 1-10 per
cent, on mortgage or other real estate security. By a
further classification of the real estate loans, it may be
noted that in cities of more than six thousand inhabitants,
real estate loans constitute 8 and 26-100 per cent, and in
towns and cities of less than six thousand inhabitants, 19
and 91-100 per cent of the aggregate capital, surplus, and
deposits." 14 Likewise, the real estate loans made by state
commercial banks in San Francisco are only 11 per cent
of the total loans and discounts, while in the state banks
outside San Francisco, they are over one-third.10

There seems, on the whole, no disposition on the part
of state banks to lock up any large part of their funds in
real estate securities. Unfortunately, such investments
are not separately classified in many of the state bank re-
ports, but the following statistics are probably typical:

Real Estate Loans. All other Loans.

California (1899) July 31, $19,131,453 $56,395709

Kansas (1899) Dec. 2, 1,002,360 18,214,679

Missouri (1899) April 5, 6,396,005 62,310,630

Louisiana (1900), June 30, 1,832,688 9,005,621

N. Carolina (1899) June 30, 713,353 4,087,320

There may, however, be individual cases where the di-
rectors of a bank will exceed reasonable limits in this
respect, and it would appear to be in accordance with the
general theory of bank regulation that the amount of such
loans should be limited.

The power to lend on real estate is profitable to the state
banks. In many communities, there is not enough com-
mercial paper to employ the banking capital, and if banks
are restricted to that form of investment, a large portion

14 Fifth Annual Report of the Wisconsin Bank Examiner (1899),
p. IX.

13 Report of California Bank Commissioners, 1899.

113] Real Estate Loans. 55

of banking funds would lie idle, and just so much revenue
would be lost to the banks. There is reason to believe
that the national banks in the South and West, although
located mostly in the larger places, labor under this disad-
vantage. According to the report of the Comptroller of
the Currency for 1899, reserves were held at various dates
as follows:

Feb. 4.

Apr. 5.

June 30.

Sep. 7.

Central Reserve

Cities,

28.9

26.4

25-7

Other Reserve Cities,

36.5

33-5

31.6

30.3

Country Banks

New England States,

31-7

27.4

27.9

Eastern States,

314

30-3

28.6

29-3

Southern States,

35-9

34-9

32-4

Middle States,

35-5

33-9

33-8

33-9

Western States.

37-4

37-7

40.4

Pacific States,

36.0

38.0

384

39-o

The theory on which the national law rests is that re-
serve and central reserve cities should carry larger re-
serves than country banks, while as a matter of fact in the
greater part of the United States, the contrary is the case.
The Western states deserve especial attention in this con-
nection. In this group there are many national banks in
the smaller towns, and it is here that reserves reach the
abnormal height of forty per cent. It is not to be sup-
posed that the average of a number of banks will show a
reserve anything like so low as the legal minimum, but it
is evident that when New England banks can use their
funds so that they only keep about thirty per cent of re-
serves, while banks in the West must keep forty per cent,
there are important differences in the loans which can be
made in the two sections. Very large reserves are by no
means desirable. They are a standing temptation to un-
sound banking; they increase the cost of banking and con-
sequently tend to keep the interest rate high. If the reve-
nue of the banks is diminished, the rate paid by borrowers

56 State Bank Legislation. [114

must, in the long run, be high enough to make up for that
loss.,

It would be of interest to know for what length of time
loans on real estate security are usually made by the banks.
No statistical data bearing on this point can be obtained,
but there is reason for believing that a large part of such
loans are for a year or more. There is a great need in
agricultural sections for loans to cover the time of pro-
duction. At present, the banker is largely debarred from
entering this field by the cost of examining titles and
drawing mortgages. The expense is so great, considering
the length of time the loan is to run, that credit is usually
obtained from the merchant. Especially is this true in the
South, where a large part of agricultural credit is thus
furnished. This is the legitimate field of the banker, and
if a system of real estate registration should be generally
adopted by which the mortgaging of real estate would be
safe and inexpensive, there can be no doubt that the banks
would permit such credit, both to their own and to the
farmer's advantage. In a considerable part of real estate
loans the mortgage is only a collateral security. The
bank looks primarily to the personal credit of the indi-
vidual, but is further protected by an assignment of a mort-
gage. In many communities, real estate mortgages are an
important form of investment, and just as in other sections
bonds and stocks are pledged as security for a loan, so
here, mortgages are thus used.18

However profitable to the bank or economically bene-
ficial to the community loaning on real estate may be, the
final test which such a policy must meet is its effect on the
safety of the bank. It would be difficult to find anywhere
in the literature of state banks any opinion to the effect
that such loans, to a moderate amount, tend to cause in-
solvency. On the contrary, the opposite view is frequently

19 The Comptroller of the Currency, in his report for 1887, p. 8,
recommended that the national banking act be amended so as to
permit this.

115] Real Estate Loans. 57

expressed." Whatever the theory may be on the subject,
as a matter of practice, no complaint is made against real
estate loans.

17 " In some sections, it has not been easy to employ the bank's
funds without taking occasional real estate loans. This class of
loans is, in some communities, the best paper offered. ... Of
course, banking institutions have failed, having among their assets
large holdings of so-called real estate paper, however, where I
have found opportunity to investigate such failures, I have uni-
formly found that the cause of the failure was not security — real
estate or any other — but the lack of it." Essay by J. P. Huston,
read before the Missouri State Bankers' Association, 1897. Bank-
ers' Magazine, Vol. 56, p. 869.

CHAPTER V
LIABILITY OF STOCKHOLDERS

Under the common law, stockholders incurred no lia-
bility in the event of the insolvency of the corporation.
There has gradually grown up in the courts of the various
states what is generally known as the " Trust Fund Doc-
trine," under which it has been held that unpaid subscrip-
tions to capital stock form a trust fund for creditors, and
may be collected. The judicial view has been incorpo-
rated in the statutes of many of the states, until, at the
present time, this doctrine may be said to be a universal
rule of law in the United States. Since, however, as has
already been shown, the laws in nearly all the states re-
quire stock in a banking corporation to be fully paid up
either before active operations begin, or within a short
time afterwards, the question of liability for unpaid sub-
scriptions has become, except in a few states, of little im-
portance, so far as banking companies are concerned. In
Wisconsin, Georgia, Alabama, West Virginia, and Wash-
ington, a minimum capital of $25,000 is required for banks,
but only a part of this need be paid in. The same principle
was applied in the Missouri and Kansas " savings bank "
laws of 1864 and 1868 respectively. Such provisions affect
the liability of stockholders only in banks with a smaller
capital than the required minimum. The laws state, in
effect, that banks having less than a certain capital need
special regulation, and this is provided for by imposing
an additional liability on the shareholders. There seems,
however, no prospect of an increase of legislation of this
character. The small bank is no longer an experiment,
nor can it be shown that it needs special safeguards.

While the liability for unpaid subscriptions has been one

11 ;] Liability of Stockholders. 59

of diminishing importance as banking has been differen-
tiated from other corporations, the opposite has been the
case with respect to " statutory liability," i. e., the liability
of stockholders beyond the amount of the capital stock held
by them. It was early recognized that banks occupied a
peculiar position, differing widely from other corporations
in the fiduciary relations which they maintained to their
creditors. It was thought just, therefore, that their stock-
holders should be charged with heavier liabilities. The
first laws for the regulation of banking proceeded in this
respect as in others on the principle that it was the note
holder alone who was to be protected. Thus the antebel-
lum laws of Maine * and Massachusetts ' imposed the stat-
utory liability only for the benefit of the creditors who held
the bills of the bank. In later legislation, the liability
was restricted to stockholders in banks of issue,3 but was
for the advantage of all creditors. By the time of the
Civil War, it had assumed its present form — a liability to
the amount of the stock in addition to the stock. It has
therefore become known as a double liability.4 With the
prohibition of state bank issue, and the consequent cessa-
tion of state regulation of banks, the liability of stockhold-
ers in banks tended to become the same as that of stock-
holders in other corporations. With the acceptance of
the principle that the depositor was entitled to the pro-
tection of banking regulation, came the renewed imposi-
tion of double liability as a part of the general scheme of
banking legislation,5 until at present, the double liability

1 Maine (1841), chap. 1, sec. 8.

2 Mass. (1828), chap. 96, sec. 13.

3 Constitution of N. Y. (1845), Art. 8, No. 7; Pa. (1850), P. L.
477. sec. 32.

4 In a few states — Kentucky, Kansas, Minnesota, and Ohio — the
double liability is imposed on the stockholders in all corporations.
In California, they are chargeable with their proportionate part
of the debts, and under the Indiana law. while not responsible for
unpaid subscriptions, they are liable for a sum equal to the stock
held by them. With these exceptions, the liability in the United
States in other than banking corporations is usually a single one.

6 In Georgia, the liability is for the exclusive benefit of depositors.

60 State Bank Legislation. [118

is imposed in nearly all the states G where state banking
assumes any great importance.7

It cannot be said that the " statutory liability " in the
state banking systems has proven of very great service as
a protection to the creditors against loss., While it is im-
possible to cite statistics on this point since none are in
existence, an examination of cases adjudicated under such
laws shows that very little benefit accrues to the depositor
from such provisions. As yet, little has been done in state
legislation to make the liability efficacious, but there has
been a slight movement in that direction sufficient to indi-
cate the reasons for the failure to produce the results in-
tended, and to point out the course which future remedial
legislation will probably take.

In the first place, it has long been held by the courts
that the statutory liability is directly to the bank's creditors
and not to the bank itself as a corporation. In this re-
spect it differs from an unpaid stock subscription, which is
held to be an asset of the bank, and collectible by it before
insolvency. As a consequence of this view, it has been
held that in the absence of statutory provisions, the re-
receiver of a failed bank, who succeeds to the rights of the
corporation, can collect an unpaid stock subscription, but
cannot enforce the statutory liability, since it is not an asset
of the bank.8 There are two distinct lines of decisions as

"The list includes: Rhode Island, Pennsylvania, New York, Mary-
land, West Virginia, South Carolina, Florida, North Carolina,
Kentucky, Louisiana, Kansas, Nebraska, North Dakota, South
Dakota, Oklahoma, Michigan, Minnesota, Wisconsin, Iowa, Illi-
nois, Ohio, Indiana, Wyoming, Colorado, Utah, New Mexico,
Washington.

7 The most notable exception is Missouri, whose constitution,
Art. XII, sec. 9, restricts liability to " the amount of stock owned."
Some Southern states, notably Virginia, Mississippi, Louisiana,
Tennessee, lack this feature of banking regulation. With the
exception of Louisiana, these are states chartering banks under an
undifferentiated incorporation law.

8 The courts in Washington have taken an opposite view; Wat-
terson vs. Brook, 15 Wash. 511.

119] Liability of Stockholders. 61

to the method which creditors must adopt in order to se-
cure the payment of the liability. The first is that the
remedy is by an action at law. In such a suit, the creditor
sues for himself, some one or more of the stockholders of
the bank. The creditor who first brings suit obtains a
favored position with respect to others. This was the
method followed under the New York antebellum law for
some years." The objection to the law action is that the
proceeds of the liability should be divided among all credit-
ors, and one should not be permitted to get, by superior
diligence, a more than proportionate share of whatever may
be collected. In a struggle for priority, creditors for small
amounts fare badly. Another objection to the remedy at
law lies in the fact that suits are multiplied. Each creditor
must maintain a separate suit. In a very early case in
Massachusetts,10 it was held that the suit at equity was the
proper proceeding, since in this way, all parties could be
joined in one action, and the proceeds might be distributed
proportionately. The equitable remedy has proven so
slow and costly in practise,11 that it affords little security to
the creditor, although more than the action at law, it seems
in harmony with the general trend of banking legislation
which is toward putting all creditors on an equal footing.12
The suit at equity has been adopted by the majority of the
state courts as the preferable remedy.

The impracticability of leaving the liability to be en-

8 Bank of Poughkeepsie vs. Ibbetson, 34 Wend, 473.

10 Crease vs. Babcock, 10 Metcalf, 125.

"The Ohio Supreme Court said: " By reason of the great num-
ber of stockholders, the frequent transfers of stock, the decease of
parties, and of other causes, delays, vexatious expensive and
almost interminable seem to be inevitable in such proceedings, so
much so that such liability has grown to be looked upon as fur-
nishing next to no security at all for the debts of the bank."
44 Ohio St. 318.

12 This tendency is seen in the prohibitions of executions and
preferences contained in the national bank act and several of the
state laws, the design being to have assets divided proportionately
among creditors.

62 State Bank Legislation. [120

forced by creditors was recognized in the antebellum bank-
ing laws of several states., The New York act of 1849 gave
the receiver of an insolvent bank the power to enforce the
liability. The same thing was effected in Massachusetts 13
and Maine I4 by somewhat later statutes. The national
banking act contains the same provision. In the majority
of the states, however, the liability was enforceable until
quite recently exclusively by the creditors. It has only
been since the revival of state bank regulation that any
improvement has been made in this respect, and the ten-
dency is to continue the earlier line of development, and
transfer the right to collect the liability to the receiver.15
There seems a general consensus of opinion that the re-
ceiver can collect the liability more cheaply and quickly
than the creditors."3

Unless there are statutory provisions to the contrary, it
is a general rule of law, with few dissenting decisions, that
the statutory liability is a secondary, and not a primary,
one. The stockholder is not responsible to the creditor as
a principal, but only after the assets of the corporation have
been exhausted. The liability cannot be enforced until it
has been ascertained, and it is necessary, therefore, that
the affairs of the insolvent corporation shall be well ad-

13 Mass. (i860), chap. 167, sees. 1, 2.

14 Me. (1855), chap. 164.

15 Such laws are: N. Y. (1897), chap. 441; Neb. (1895), chap. 8,
sec. 35; Kan. (1898), chap. 10, sec. 14; la. (18 G. A.), chap. 208;
Wis. (1897), chap. 303, I, sec. 7 (this act was defeated, however);
Minn. (1895), chap. 145, sec. 201; Mich. (1889), Act. 205, sec. 46.

16 The Supreme Court of Washington, in Watterson vs. Master-
ton, 15 Wash. 511, said: "If any proof had been needed that the
method pointed out in that opinion for enforcing the contingent
liability (t. e., by receiver) was demanded by public policy, and was
in the interest of all classes interested in the bank, such proof
is furnished by the record in this case. After great expense, and
the waste of much time for the purpose of establishing the facts
necessary to authorize the enforcement of the liability in behalf
of creditors against stockholders, such creditors were in no better
condition than the receivers were before they had commenced this
proceeding."

121] Liability of Stockholders. 63

vanced toward settlement, before the amount due can be
ascertained. Usually, therefore, a considerable time must
elapse before any action can be taken which will bind the
property of the shareholder. In the meanwhile, it fre-
quently happens that the liability can be evaded by the
transfer of property.17 An efficient way of remedying this
defect is to declare the liability a primary one, accruing
immediately on the insolvency of the bank. It is probable,
however, that the passage of such laws would bring about
an evil greater than the one cured. When a bank failure
occurs, there is always a check to the business of the com-
munity. A partial paralysis seizes its industrial life. At
such a time, to proceed at once to collect the full liabilities
of stockholders would prove a very great impediment to
the rapid recovery of normal industrial activity. If in-
solvency of the bank imposes a lien on the property of the
shareholders, much the same effect would be produced.
The power of readjustment would be hampered at the very
time when there is greatest need of it.

Despite the inconvenience of treating the liability as a
primary one, there has been some movement in that direc-
tion. Thus, in Nebraska, it was enacted in 1895 that " such
liability may be enforced whenever such banking corpora-
tion shall be adjudged insolvent, without regard to the
probability of the assets of such insolvent bank being suffi-
cient to pay all its liabilities." 1S In the interpretation of

17 The same difficulty in the enforcement of liability was evi-
dently felt in the antebellum systems. The appointment of a
receiver in Maine constituted a lien on the real estate of share-
holders to the amount of their liability. With the great increase
in personal property proportionately to realty, it is doubtful if
such a provision would now afford very much help.

18 Neb. (1895), chap. 8, sec. 30. On account of constitutional
provisions peculiar to Nebraska, this section has been held uncon-
stitutional. Farmers Loan & Trust Co., 49 Neb. 353; State vs.
German Savings Banks, 50 Neb. 735. The Nebraska court recog-
nized, however, the motive leading to the passage of the act. It
said: "The policy of the statute is to afford a speedy and some-
what summary remedy for creditors of insolvent banks, and to

64 State Bank Legislation. [122

the Iowa statute,19 the Supreme Court has held that the lia-
bility created is primary, and it is not necessary to exhaust
assets before enforcing it, but the assessment may be for
the full amount, and any surplus remaining after the com-
plete settlement of the trust, may be refunded.20 The same
view is taken of the statutes in California21 and Wisconsin.22
As yet, however, the old doctrine requiring the preliminary
exhaustion of assets is little touched by statutory innova-
tions.

enable the receiver for their benefit to promptly enforce all liabili-
ties of stockholders; . . . the danger attending upon any process
requiring securities to be immediately sold often on a falling
market, or at a sacrifice, or if that danger be avoided, the still
greater danger of delaying resort to proceedings against stock-
holders until such a time that by death or insolvency the remedies
become ineffectual. . . . We may further acquiesce in the position
of counsel that for the effective winding up of insolvent banks,
and the protection of depositors, a remedy against stockholders
should be permitted before, by the slow process of liquidation,
other assets shall have been exhausted. State of Nebraska vs.
German Savings Bank, 50 Neb. 740.
10 Iowa (18 G. A.), chap. 208.

20 The Court said in the case of State ex rel Stone, Attorney-
General, vs. Union Stock Yards Bank: "The liability for the
payment to create the fund is not made to depend on the applica-
tion of the fund, but on the fact of insolvency." " The liability is
primarily for the full amount, subject to such an interest as will
entitle him to any balance unexpended." 70 N. W. 772.

21 Morrows vs. Superior Court, 64 Cal. 383; Hyman vs. Coleman,
82 Cal. 650.

22 Booth vs. Dear, 96 Wis. 516.

CHAPTER VI

STATE BANK FAILURES

The final test of the safety of any system of banking is
to be found in its statistics of insolvencies. The aim of
legislation is to reduce the number of bank failures to a
minimum, and, when they do occur, to procure the pay-
ment of a maximum percentage of claims. Unfortunately,
the data in the case of state banks are of such a character
as to make it almost impossible to reach any very definite
conclusions as to the rate of insolvency. The states, as
has been said, have been reluctant to give the officers
charged with the execution of the banking laws any con-
trol over failed banks, and it is in only a few states that any
official statistics are procurable on the subject.

Various attempts have been made by the Comptroller of
the Currency to procure information on this point. In his
report for 1879, Mr. Knox summarized the results of an
investigation into failures of state, private, and savings
hanks occurring during the three preceding years.1 The
number of such banks failing in that period was 210, and it
was estimated that 66 per cent of the claims would be paid.
The eighty-one national banks which failed prior to 1879
had paid a slightly smaller percentage of claims, but the
national system showed a much lower percentage with re-
spect to the number of failures. It must be borne in mind
that these figures class together state, private, and savings
banks in such a way that the statistics for each class sepa-
rately cannot be ascertained. At that time, of 4312 banks
other than national in existence in the United States, only
1005 were state banks.2 Consequently, these figures prove

1 Report of Comptroller of Currency, 1879, p. 35.
1 Report of Comptroller of Currency, 1879, p. 57. This includes
trust companies.
9

66 State Bank Legislation. [124

very little as to banks in the state systems, unless it is
assumed that state, private and savings banks fail at the
same rate.

In 1895/ the Comptroller undertook another investiga-
tion of similar character to that of 1879, and in 1896, the
inquiry was continued., The banks reported as having
failed, were not separated into classes, but were grouped
together as " banks other than national." It was found,
that as far as could be ascertained, 1234 banks of this
character had failed since 1863, and that they had paid
under fifty per cent of the claims against them.4 Another
inquiry into the same subject, but confined to the question
of the percentage of claims, was made by the Comptroller
in 1899; it was found that 283 state, private, and savings
banks failing between 1893 and 1899, had paid 56.19 per
cent of all claims against them.5 Evidently the statistical
information contained in the Comptroller's Reports, so far
as we have yet examined, is useless for our purpose, since
there is no possible way of separating state banks from
other classes. This fact has not always been recognized,
and erroneous statements as to the relative safety of the
state and national systems have resulted. The Indianapolis
Monetary Commission in its report said: " The total num-
ber of national banks which have failed since the estab-
lishment of the system was, at the end of 1897, 352 or 6.9
per cent of the 5095 which had been organized. As against
this, 1234 failures of state banks are known to have occur-
red in the same period. The total number of state banks
in operation during the year 1895-1896 was 3708, adding
the 1234 failed banks, a total of 4942 is obtained, and
though a certain number have doubtless gone into liqui-
dation, or for some other reason do not appear in these
figures, it seems safe to say that probably about twenty

3 Report of Comptroller of Currency (1895), Vol. I, p. 20. Id.
(1806), Vol. I. p. 52.

4 Id. (1899), Vol. I, p. 648.

0 The number of failures in these years was more than 283, but
only for these was the information as to claims procurable.

125] State Bank Failures. 67

per cent of the total number of state banks organized dur-
ing the period in question have failed. This would be a
percentage nearly three times as high as that of the na-
tional banks which failed during the period." 6 The error
made, consists in considering all of the 1234 failures as
those of state banks, while that number includes at least
some private and savings banks. The term " state bank "
is used in the Comptroller's report but synonymously in
this case with " bank other than national." ' There is
abundant internal evidence that private banks were consid-
ered by some examiners as within the scope of the inquiry.
Indiana, for example, is reported as having had JJ failures
since 1873, while from reports to the State Auditor, it is
certain that the number of state bank failures since 1873
has not exceeded twelve, and before that time there were
practically no state banks in Indiana during the period in-
vestigated. It is uncertain how far private banks are in-
cluded in the tables but many of them certainly are.8 It
is quite impossible to show from such data anything as to
the relative rate of state and national bank failures. It
may be doubted if any system of banking in this country,
even in an entire absence of regulation would show as
high a rate of insolvency as that ascribed to state banks by
the Commission. Regulation of the banking business is
undoubtedly helpful in keeping down the number of fail-

6 Report of Monetary Commission, p. 277.

7 The results of the investigation are to be found in the Report
of the Comptroller of the Currency for 1896, Vol. 1, pp. 52-57.
The paragraph is headed " Results of an investigation relative to
insolvent state banks from 1863 to 1896 " but in the headings of the
tables the expression " banks other than national " is uniformly
used, and an examination of the letter of inquiry sent out to the
bank examiners and on the answers to which the tables rest, shows
that the two terms are used indiscriminately. In the first paragraph
of the letter the investigation is said to be " relative to failed banks
other than national " while later on the same banks are spoken of
as " these State Banks."

* It is significant that of the 1234 failed banks, 233 were reported
as having had no capital.

68 State Bank Legislation. [126

ures, but to suppose that, if banks were left to go with a
free rein, they would fail three times as often, is to overrate
the value of governmental oversight quite as much as it
has been common to undervalue it.

Fortunately we have still another source of information.
Since 1892 the Bradstreet Company has furnished the
Comptroller annually with information by states as to all
bank failures in the country. The banks are classified into
state, savings, and private. The following table compiled
from this source forms the only accurate body of statistics
on the subject of state bank failures."

According to the table, 336 state banks have failed since
1892, but this does not include the entire number of insol-
vencies, which may properly be classed as those of state
banks: 1. State and savings banks are confused to a cer-
tain extent in these returns. In some states, stock savings
banks are classed as state banks, consequently a certain
part of the bank failures, termed those of savings banks by
Bradstreet's, should be included in state bank insolvencies.
The total number of failures of savings banks was 92, and
of these, 26 were in states where there was no possibility
of confusion, because the state and savings banks are sepa-
rated. There will, therefore, have to be added to the 336
state bank failures, 66 of stock savings banks. 2. In one
year, 1892, the returns of Bradstreet's, as given in the table,
do not cover the entire period, but only extend over six
months. The Comptroller, in his report for 1893, page 13,
gave the number of state bank failures for the latter half
of 1892 as eighteen. Making these additions, the total
number of insolvencies of state banks for 1892-1899 is

9 The statistics of assets and liabilities given by Bradstreet's are,
from the nature of the case, merely estimates, and are not included
in the table. The statements as to number of failures have been
compared, wherever possible, with returns of insolvencies in
official reports, and, with an exception noted below, found to be
highly accurate. Since the method of collecting the returns used
by Bradstreet's is the same everywhere, it seems probable that,
taken as a whole, the reports are correct.

127]

State Bank Failures.

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70 State Bank Legislation. [128

found to be 420. The average number of banks of this
class in operation during these years was 3823.. It will be
noted, however, that in the table no returns are given of
insolvencies in North and South Dakota.10 The average
number of banks in these states for the past eight years
has been 167. Deducting this amount from the average
for all the states, we have 3656 as the number to be used
in ascertaining the rate of insolvencies., It seems, there-
fore, that over eleven per cent of the average number of
state banks in operation failed during the period from
J892 to 1899. In the same time, 225 national banks be-
came insolvent, while the average number of such banks in
operation was 3703, so that the percentage of insolvencies
was six, or a little over one-half of that of the state banks.
At first sight, this seems to prove conclusively the much
higher safety of the national system, but some consideration
will lead us to see that the difference is by no means as
significant as it appears. The period which the statistics
cover was an abnormal one. The most lengthy and se-
verest depression known in the history of the United States
extended over the greater part of these years, and it is a
well-known fact that the crisis was most keenly felt, and
had its greatest effect, in those parts of the country in
which the state banks are numerically strongest. The
mass of banks, incorporated under state laws, are found in
the Southern, Western, and Pacific states. The state sys-
tems are also comparatively strong in the Middle States,
with the exception of Illinois, Indiana, and Ohio. Out of
a total of 4200 state banks nearly 3500 are located in these
groups. On the other hand, of 3590 banks in the national
system in 1899, onty I57° are m these sections. The im-
portance of this fact cannot be exaggerated in its effect on
the statistics of insolvencies since 1892. On the one hand,
five-sixths of the state banks are in those states which suf-

10 This was caused by the fact that state laws forbid the collection
of such information.

129 J State Bank Failures. 71

fered most from the depression, while less than one-half of
the national banks are located there. Apart from any
question of superiority of systems, economic conditions
have powerfully affected the statistics of failures.

It is possible to determine more exactly what effect this
difference in situation has had on the figures embodied in
the table. Of 225 failures of national banks, 164 were
in the sections named, and as has been said, the number of
national banks located there was 1570. The rate of fail-
ures was, therefore, somewhat in excess of ten per cent.
We may conclude then that section by section, the national
system has a superiority over the state systems of little
more than one per cent.

It must also be borne in mind that the regulation of state
banks is by no means homogeneous in efficiency. In the
figures given, state banks are indiscriminately mingled.
It is fair to assume that state regulation promotes safety,
since on no other ground can the national system be sup-
posed to be superior. The period from 1887 to 1899 was
most prolific in laws providing for state inspection. Prac-
tically, we may say state banking began as a system in the
former year. It is reasonable to infer that this legislation
has tended to the safety of banks. Considering all this, it
may be safely asserted that the figures do not prove that
state banking, wherever proper safeguards are provided,
is any less safe than national. Even taking good with bad,
the advantage of the national system in superior safety
seems small.

This view of the question is confirmed by the expressed
opinion of the head of one of the largest state systems.
The Superintendent of Banking of New York said some
years since:11 "The Comptroller of the Currency, in his
last report to Congress, in making a comparative statement
of the percentage of failures between national and state
banks, seems to be unable to make the result favorable to

Report of Superintendent of Banking (N. Y.), 1893, page XXI.

72 State Bank Legislation. [130

the national banks without including under the head of
state banks, also private banks and bankers, and in many
of the states, loan and trust companies .... which are
under no supervision whatever. The comparisons should
therefore be disregarded as unfair and unjust. From some
knowledge of the subject, I venture to say that if a com-
parison is made between national banks and the incorpo-
rated state banks only of various states of the Union, the
showing will not be unfavorable to the state banks."

PART II.— THE STATE BANK AS A CREDIT AGENCY
CHAPTER I

THE GROWTH OF STATE BANKING

During the past twenty years there has been a remark-
able increase in the number of state banks. This growth,
however, has been little remarked since correct statistics
have not been readily accessible.1 Thus, the Comptroller
of the Currency recently said,2 " By reference to the state-
ment of the resources and liabilities of the state banks from
1873 to 1897 it will be noticed that with but one exception
there has been an uninterrupted increase in the number of
banks reporting, which is due rather to legislative action
providing for the collection of banking statistics than to
an actual increase in the number of existing banks,
although there has been a normal increase each year." The
latter part of this statement is entirely inaccurate. The in-
crease of state banks shown by the successive annual re-
ports of the Comptroller is an actual growth and not a
mere phantasm of increase caused by the increasing accu-
racy of the reports. The Comptroller has neglected to
consider the increase which took place in the majority of
states before official reports were begun. For example,
according to reliable unofficial sources, Tennessee had
eighteen state banks in 1877 and one hundred and thirty-
nine in 1899.8 Up to the latter year, the Comptroller's re-
ports, which are based almost exclusively on official data,
showed only a small number of banks in this state. If in

1 See below, p. 108, et seq.

2 Report of the Comptroller of the Currency, 1897, Vol. I,
p. xxxiii.

3 See Appendix, p. 114.

The State Bank as a Credit Agency.

[132

1899, Tennessee had inaugurated a system of bank super-
vision, the interpretation put by the Comptroller on the
resultant increase in the number of state banks reported
would be that it was caused by " legislative action provid-
ing for the collection of banking statistics " ; that the banks
had always been there but had only now come to be reck-
oned. This would be very nearly a true explanation of the
large apparent increase for that particular year but not of
the growth since 1877. The true state of the case is that
the numbers of state banks as given by the Comptroller
for successive years, do show a real increase but they re-
flect it only spasmodically and indirectly. The following
parallel columns show this quite clearly.

No. of state banks . . ,

as given in the Report Approximately
of the Comptroller of correct number of
Years. the Currency. state banks.1

1877 592 823

1878 475 815

1879 616 814

1880 /620 816

1881 652 820

1882 672 848

1883 754 937

1884 817 1022

1885 975 1120

1886 849 1214

1887 1413 1526

1888 1403 1732

1889 1671 2093

1890 2101 2552

1891 2572 3051

1892 3191 3457

1893 3579 3662

1894 3586 3662

1895 3774 3767

1896 3708 3877

1897 3857 3937

1898- 3965 4008

1899 4191 4215

1 See explanatory note to appendix for method of obtaining figures in
this column.

Tt will be seen that the increase in the number of state
banks has been especially rapid since 1886. In that year
they were far outnumbered by both private and national
banks, but in 1899, they formed the most numerous class

133] The Growth of State Banking. 75

of banks in the country'. The following" table shows the
number of private, state and national banks at certain
dates : 4

1879 1884 1889 1894 1899

National, 2055 2550 3158 3786 3590

State, 814 1022 2093 3662 4215

Private, 2545 3458 4215 3844 4168

Of the whole number of banks of discount and deposit
operating in the United States on January i, 1900, con-
siderably over one-third were incorporated under state laws
while in 1879 ^ess tnan one-sixth were of that character.
A class of banks which has gained so rapidly on its compet-
itors cannot properly be said to have been experiencing
merely a " normal " increase.

The rate of increase of state banks, however, has by no
means been the same in the different sections of the
country.' In the New England States, the number of state
banks is less than it was in 1877. Under the early pro-
visions of the national bank act, the amount of circulation
was limited and apportioned in fixed sums among the
states. In the Eastern States this limit was soon reached
and new banks were debarred from the profit to be ob-
tained on note issue. The result was that the number of
state banks was increased somewhat but on the removal of
the restriction on circulation, the banks went over in con-
siderable numbers to the national system. In 1877, there
were 227 banks, organized under the state laws, in the
Eastern States; by 1887, the number had fallen to 202.
Since that time, there has been some growth of state bank-
ing in these states but chiefly in New York. Of a total in-
crease of 131 banks in the group since 1887 over two-thirds

'The figures for national banks are from the Report of the
Comptroller of the Currency, 1900, Vol. I, p. 255; the numbers of
private and state banks are taken from the tables contained in
the Appendix.

5 This and the following observations are based on the statistics
of state banks contained in the Appendix, pp. 114, 115.

76 The State Bank as a Credit Agency. [134.

are in that state. Compared with the growth in the country
as a whole, this increase is almost negligible. It may be
said that the New England and Eastern States seem to have
no need for state banking.

The case is not much different in the more southeasterly
of the Middle States. The growth here, while apparently
considerable, has been largely in savings banks in Ohio.
Of the 144 state banks reported for that state in 1898 about
90 were of that character.6 In both Indiana and Illinois
there has been a moderate increase in state banks, using the
term in its strict sense.

Leaving Illinois, one enters the field of greatest im-
portance for the development of state banking. The re-
maining states of the Middle West, the Southern, Western
and Pacific States show since 1877 an enormous expansion
in the numbers and importance of state banks. In all this
great territory there is hardly a state with the exception
of Texas,7 in which the relative and absolute importance
of state banking has not grown decidedly during the period
under consideration. In the following table the number of
state banks is given for each group of states for the years
1877 and 1899:

New England States,
Eastern States,
Ohio, Indiana, Illinois,
Other Middle States,
Western States,
Southern States,
Pacific States,

Percent-
age of

1877

1899

increase.

—19

227

333

358 8

312

20I

1 194

495

956

2351

197

1077

446

275

5ii

823

4215

412

8 Knox, " History of Banking in the United States," p. 690.

7 See p. 15.

8 Of these 358 banks, not more than 270 are banks of discount
and deposit.

DIAGRAM SHOWING NUMBER OF PRIVATE, STATE AND NATIONAL
BANKS, 1877-1899.

^rr

p»»£lL.

HATIOHAL^

5TAT£

1877 18

i9 /a

81 /8

83 18

85 IB

87 IB

8? 18

V 18

?3 /a

?S 18

97 18

135]

The Growth of State Banking.

It will be readily seen that the growth of state banks
since 1877 nas Deen considerable only in the four last
groups while in the first three it has been of small import-
ance.

Not only in the growth of state banks but also in their
present importance compared with national and private
banks the same broad division of the states may be made.
The following table shows the relative strength in numbers
and capital of the three classes of banks for the year 1899: *

Table showing the Number and Capital of National and State
Banks by Groups of States for the year 1899.1

National Banks
(Dec. 1, 1898.)

State Banks.

Private
Banks.

Group.

u
0

a
55

" m do

25 °
°a

q-i

~ zt E -

<8p

flo .
pSo

583
956
583
461
538
346
123

156.4
192.1
95
62.1
63.9
31.1
20

268
201
163
135
119
90
163

333

358

1194

1077
956

275

3.7

42.8

54.5

60.7

16.5

161
128
72
45
56
17
127

198

813

Ohio, Ind., Ill

Other Middle States. . .
Southern

1108

1237

416

301

Pacific

1 The figures for the number and capital of national banks are taken
from the Report of the Comptroller of the Currency; those for the number
of state and private banks from the tables in the appendix. The capital
of state banks has been estimated from data in the Report of the Comp-
troller of the Currency on the assumption that omitted banks have the
same capital as those reporting in each group.

In the New England, Eastern, and the more south-
easterly of the Middle States, neither in numbers nor in
capital do the state banks equal the national ones, although
it is to be noted that they gradually increase in importance
in the groups in the order named. In every other section
of the country the state banks are at least twice as numer-

8 Capital is not given for private banks since in only a few-
states can even approximate estimates be obtained.

78 The State Bank as a Credit Agency. [13G

ous as the national banks and approximate them in the
capital invested; in one case, that of the Pacific states,
surpassing them.19

The growth of state banks shows three fairly well-de-
fined periods since 1877. Until 1885 the increase was by
no means rapid, the average yearly accessions being about
forty. From 1885 to 1893, the growth was enormous.
During this period, about 300 new banks came into the
state systems each year. The consequence was that in
those eight years the number was trebled. Since 1893 the
increase has been slower.

10 Prof. Dunbar pointed out the same facts in somewhat different
form in an article in the Quar. Jour. Econ. for Oct., 1897. The
statistics used by him were taken entirely from the reports of the
Comptroller of the Currency and consequently differ in some
respects from those used here.

CHAPTER II

CAUSES OF THE GROWTH OF STATE BANKS
Since private and national as well as state banks are
banks of discount and deposit, the disproportionate in-
crease of state banks must be explained by their superior
advantages over one or both of the classes competing with
them. It must be noted, however, that the national and
private banks have almost exclusive fields of operation, for
very few private banks have a capital sufficiently large to
enable them to organize under the national bank act.1 The
state bank on the contrary is a rival of both the other
classes since its capital requirements are in many cases low
enough to make it possible for private banks to become in-
corporated if they desire to do so. The causes, then, which
have led to the increase of state banks may be divided into
two categories accordingly as they have been influential in
giving the state bank an advantage over the private or the
national bank.

State versus Private Bank. — There are two distinct func-
tions which private banks fulfill, (i) as an adjunct of the
brokerage business in large cities; (2) as a means of fur-
nishing credit in small communities, chiefly in agricultural

1 According to the returns made to the internal revenue officials
in 1882, the average capital of private banks in the United States
was $33,000. In the Middle States, where they were numerically
most powerful, the average capital was under $20,000. It is im-
possible to ascertain for all sections the average capital of private
banks at the present time, but it is improbable that it is higher
than $15,000 for the whole country. This estimate is based on the
returns made under the internal revenue law of 1898. (Report of
the Comptroller of the Currency, 1899, Vol. I, pp. 298, 209,). State
and private banks are confused, but since for many states the
number and capital of state banks are known, that of private banks
can be found. In the Middle States the average capital of private
banks is estimated by this method to be considerably below
$10,000.

80 The State Bank as a Credit Agency. [138

sections. It is in the latter of these capacities that they enter
the same field, as the small state banks. The chief char-
acteristic of both classes is small capitalization. In a sec-
tion with a sparse population, if banks are to be had at all,
they must be of small capital, since the business which can
be obtained does not justify the investment of large sums.
If the banks can issue currency, their field of operation can
be somewhat extended beyond that of banks doing only a
discount and deposit business and their average capital
may profitably be somewhat higher.

The westward extension of the settled area in this
country has continually called into existence banks of small
capital. In 1850 the banks of Ohio, Indiana and Illinois,
even those issuing notes, were small compared with simi-
lar credit agencies in the East. There is evidence also,
although statistics cannot be cited that even the $25,000
banks of Ohio, Indiana and Illinois, although they were
banks of issue, were too large to be profitably operated in
places having only a small banking business.1 Private
banks were, therefore, set up in many of the villages. When
the national bank usurped the place of the state bank, a still
wider field was created for the private bank since under the
national act places which could not profitably employ a
banking capital of $50,000 were forced to resort to private
institutions. It is true that the old state banking acts re-
mained on the statute books, but their provisions were en-
tirely unsuited to banks doing only a discount and deposit
business. The rapid settlement of the West which followed
the Civil War required an ever-increasing number of small
banks, and since the state laws were framed on the theory
that the government could properly concern itself only with
banks of issue, private banks had almost a monopoly of the
banking business in the smaller centers. The following

1 Thus in Davis vs. McAlpin (1858), Ind., 10; 137, the Court
said: "Private banks of discount and deposit must have existed
to a very limited extent, if at all, in the early period of our
legislation. But in later years, they have become numerous and
are discharging a large portion of the banking business."

139] The Causes of the Growth of State Banks. 81

table shows with what rapidity, under these conditions, the
growth of private banks proceeded:

NUMBER OF PRIVATE BANKS2

1877 2432

1888 4064

1899 4J68

In the period 1877- 1888 the rate of increase was nearly
sixty-eight per cent, but from 1888 to 1899 it was less
than three per cent. This has come about despite the fact
that the private banks in the larger cities have been con-
tinually growing. The diminution in the number of pri-
vate banks in the small towns has nearly counterbalanced
the increase of broker's banks. That this check to the
growth of private banks has been caused in considerable
degree by the preference for the chartered bank is evident
if one considers the growth of state banks of small size,
as shown in the following table:

NUMBER OF STATE BANKS HAVING A CAPITAL OF LESS THAN

$50,000 3

1877 187

1888 747

1899 2529

The chief reason for the partial supplanting of the pri-
vate bank is the advantage of the corporate form of organi-
zation in giving greater security to the depositor and con-
sequently increasing the credit of the bank. The desire to
obtain a charter cannot become effective, however, unless
the capital requirement is sufficiently low to permit the
private banks profitably to make the transformation. If
the business of a locality will only support a bank with a
capital of $5000, and the state laws require a minimum capi-
tal of $25,000 for an incorporated bank, the extra credit
which might be obtained will not be a sufficient induce-
ment to bring about the change to the state system. The
lowering of the capital requirements 4 has consequently

2 See table, p. 82. 8 See table, p. 82. * See ante, p. 27.

The State Bank as a Credit Agency.

[140

been a potent cause in furthering the growth of small state
banks.5 The following self-explanatory table enables us
to see in what sections and to what extent the state bank
has displaced the private bank.

Number of Private Banks and op small State Banks (i. e. having a

CAPITAL OF LESS THAN $50,000) BY STATES FOR THE YEARS 1877, 1888, 1899.

1877.

1888.

1899.

States.

State Banks,

less than $50,000

Capital.

o
ciso- IS

CD
g

Ill
s-£o

a
pq

N. H. ..

Mass

160

Conn

R. I

Total N. E.

States . .

117

198

N. Y

289

256

446

N. J

306

243

316

Md. ...... .

Del

Total East-

ern States.

631

527

813

W. Va

N. C

s. c

Fla

Ala

Miss

Texas

130

187

Ark

Tenn

Total South-

ern States.

289

105

460

529

416

5 A " small state bank," in the sense in which the expression is
used here and in the following pages, is one having a capital of
less than $50,000. -

141] The Causes of the Growth of State Banks.

1877.

1888.

1899.

States.

5 St

pq
o

•8

BIO

fqnS

lis

old

S.O03

a
3

Ohio

Ind

Ill

Mich

Wis

Minn

Iowa

16 a
2

219
111
282
131

70
104

49
201

15 a

11
2
17
28
141
29
49

250
156
441
220
102
122
152
423

51a

S6 ?>

87
390
114
120

287
222
599
249
120
110
239
519

Total Mid-
dle States.

1167

292

1866

975

2345

Kans

Neb

N. D

S. D

Mont

Wyo

Col

N. M

Okla

14
2

84
30

25
4

120
104

1
17

365
306

196

11
12
69
10

259

313

I 103

| 94

Total West-
ern States.

161

294

969

861

301

Wash

Cal

Ida

Utah

Nev

Ariz

2
6

65
3
7

2
26

1
1

14
21
52
16

8
10

17 24

15 20

44 29

8 9

4 11
2 2

5 1

Total Paci-
fic States.

102

125

Total U. 8. 187 2432 i 747

4064 2529 4168

a Excludes savings banks. b Includes savings banks.

Note. — The table is constructed from data found in the various state
bank reports and in Homans' Bankers' Almanac.

It will be seen that during the past twenty years private
banks have been of small importance in the New England
and Eastern States. The greater number of them are lo-

84 The State Bank as a Credit Agency. [142

cated in the cities. Similarly there are very few state
banks in these sections with a capital of less than $50,000.
It is only in New York that the small state bank is found
in considerable numbers. This is partly accounted for by
the fact that in Pennsylvania and New Jersey the minimum
capital for state banks is $50,000. Whatever demand for
small banks there has been in these groups has been met
by private banks. That it has not been great is evidenced
by the small number in existence. The stage of develop-
ment reached makes small banks unnecessary.6 The $50,-
000 bank fills the needs of this section. Neither the small
state bank nor the private bank appears to have any future
so far as these states are concerned.

In the Southern States the number of private banks in
1877 was 289 while there were only 55 state banks of small
capital. The gradual movement toward incorporation, fa-
cilitated by the adoption of general laws, has caused a
complete change in the relative position of the two classes,
so that in 1899 the state banks were in the ascendancy, and
if the large number of private banks in Texas is deducted,
it appears that the small state banks are twice as numerous
as their rivals.

It will be noted that in 1899 considerably more than one-
half of the private banks in the country were in the Middle
States. Even in 1877, they were well established in this
section, numbering 1167 as against 106 of the small state
banks. It is here that the chartered bank has made rela-
tively its least advance. The high capital requirements
which have never gone below $10,000 in any state in this
group, and in most of them not below $25,000 has kept the

6 Under the amendment to the national act passed March 14,
1900, up to Sept. 30, 1901, there were organized in the New Eng-
land and Eastern States seventy four banks with a capital of less
than $50,000. Of these, thirty-seven were in Pennsylvania and ten
in New Jersey. It appears that there is but small room for the
$25,000 bank in any state in these two groups. In all the New
England States only four such banks were chartered.

143] The Causes of the Growth of State Banks. 85

greater part of the banking business in smaller communi-
ties in the hands of the private bankers. That this has been
the chief hindrance to the absorption of these banks into
the state systems is clear from the fact that in those states
where the required capital is placed at a high sum the
number of private banks is relatively greater.7

No. of State

Banks with

less than

$50,000 capital.

Private
Banks.

Total

Per cent of
Private Banks.

Minimum

Capital

required for

State Banks.

Ohio, 51

287'

338

•85

$25,0OO

Indiana, 47

222

269

.84

25,OO0

Illinois, 86

599

685

•87

25,000

Iowa, 120

5i9

639

.81

25,000

Michigan, 80

249

329

.76

I5,OO0

Wisconsin, 87

120

207

•58

15,000

Minnesota, 114

239

353

.67

10,000

The Western Group is the one in which the conflict of
the private and the small state bank has been keenest and in
which the state bank has almost vanquished its rival. Since
1888, the private banks in this section have declined rapidly
in numbers. There have been two causes for this transfor-
mation in the character of the banks. In the first place,
the necessary capital for the organization of an incorpo-
rated bank is low, being only $5000 for the distinctively
agricultural states in this group. But there has been some-
thing more than mere preference for the corporate form of
organization which has brought about an almost complete
abandonment of private banking. The growth of the small
state banks has been much forwarded here by legislation,
which has had the effect of causing the private banks in
large part to become incorporated. In order to under-
stand the purpose and cause of these laws, it will be neces-
sary to examine them in some detail.

7 Missouri is included among the Western States since it is
similar to them in requiring private banks to have a capital. This,
as will be shown below, has a considerable effect in influencing
private banks to become incorporated.

86 The State Bank as a Credit Agency. [144

The regulation of the business of unincorporated bank-
ers is an outgrowth of the general change in feeling as to
the nature of the banking business. The view that bank-
ing, even when confined to the discount and deposit func-
tions is charged with a public use has caused restrictions to
be imposed on it, although carried on by an individual.
This regulation assumes several phases. In the first place,
it has been urged in several states that a private banker
should not operate under a corporate name. This argu-
ment has had especial force in states where incorporated
banks are under state supervision. It has been thought
just that the public should know with what form of bank-
ing institution it is dealing. It appears to be quite com-
mon in some sections for private banks to assume names
which indicate that they are incorporated. The Public Ex-
aminer of Minnesota called attention to the fact that in
1886, of 126 private banks carrying on business in that
state, 116 had corporate names.8 The laws of New York,"
Minnesota 10 and Washington u impose no other restriction
on private bankers. In a few states the regulation of unin-
corporated banks has gone no farther than the require-
ment of reports. This is the case in California12 and Miss-
issippi.13 This and the preceding provision evidently aim
only at the information of the public; they do not profess
to effectively safeguard the banking business.

In still another group of states, private banks are put on
the same footing with incorporated banks as to supervision
and regulation. Such is the case in North Carolina," New
Jersey 15 and Wisconsin " which require private banks to

8 Seventh Report of Public Examiner of Minn., 1886; see also
Reports of Commissioner of Banking (Mich.), 1892; 1893; 1894.

9 Laws of New York (1882), ch. 409, No. 311.

10 Laws of Minn. (1887), ch. 39.

11 Laws of Wash. (1891), p. 130.

12 Laws of Cal. (1887), p. 90. ls Laws of Miss. (1888), p. 29.

14 Laws of N. C. (1887), chap. 175.

15 Laws of N. J., (1895), chap. 361.

13 Laws of Wis. (1895), chap. 291.

145] The Causes of the Growth of State Banks. 87

be examined and to make reports.17 In 1897, Georgia sub-
jected private banks to the same requirements that state
banks were under, but this law was repealed in 1898.13

Supervision of private banks is carried on under diffi-
culties which render it much more imperfect than in the
case of incorporated banks. It has already been pointed
out that the fundamental safeguard under the systems of
bank regulation used in the United States is a capital.
Our whole scheme of supervision is built on that require-
ment, and under the laws in vogue in most of the states of
the Union, a private banker is not required to have any
specified amount of capital. In the last group of states to
be considered it is this defect which an attempt has been
made to remedy. Missouri was the first state to adopt this
policy. By act of 1877, private bankers are prohibited
from engaging in the business of banking without a paid-up
capital of not less than five thousand dollars, and they can-
riot employ their capital otherwise than as banks of dis-
count and deposit are permitted to do.19 By the act of
1895 20 they are subjected to the same supervision as incor-
porated banks, and it is made the duty of the examiner to
proceed against them in case of impairment of capital.
The same plan of securing a capital has been tried in Ne-
braska. The capital required for incorporated and unin-
corporated institutions for banking is of equal amount, and
in every respect, except the ownership of real estate, the
same restrictions are placed on the two classes of banks.21
When the first Kansas act for the regulation of the banking
business was passed, it included, practically, the same fea-
ture.22 Section 35 makes private banks " amenable to all

" Laws of Ga. (1897), p. 59. 18 Laws of Ga. (1898), p. 12.

19 Private bankers were defined as those " who carry on the
business of banking by receiving money on deposit, with or with-
out interest . . . and of loaning money without being incorporated."
Revised Statutes (1879), sec. 921.

20 Laws of Mo. (1895), p. 97.

21 Laws of Neb. (1889), chap. 37, and id. 1895, ch. 8.

22 Laws of Kan. (1891), chap. 43, sec. 35.

88 The State Bank as a Credit Agency. [146

the provisions of this act," and this has been construed so
as to require such banks to have capital of the same amount
as incorporated banks.23 More recently Kentucky has
adopted the same policy: a minimum capital of $10,000 is
required for private banks," and in the Utah Revision of
1898 the Kentucky provisions are copied,20 except that the
amount of capital required varies with the size of the popu-
lation of the place in which the bank is located.

But in almost all of these states a difficulty has presented
itself which seems to make the requirement of capital but
a small protection to the depositor. The private banker is
frequently engaged in other business besides that of carry-
ing on the bank, and in the event of his failure, creditors
other than depositors come in for a share of the assets. A
corporation, on the other hand, cannot engage in business
other than that prescribed by its charter. In Missouri and
Kentucky the law forbids the private banker to use any of
his funds in other business, but he may use other funds, and
even without actually engaging in any other business, he
may accumulate an indebtedness which may prove a severe
charge on the banking assets. In a recent case in Ne-
braska, it was held that under the law in that state, " an
unincorporated bank, exclusively owned by a private indi-
vidual, is not a legal entity, even though its business be
conducted by a president and a cashier, and that in such a
case, the assets of the bank represent merely the portion
of the owner's capital invested in banking, and he may law-

23 The Commissioner, in his report for 1892, p. 1, recommends
that " as to the rights and duties of private banks, the law should
be made more definite. While sees. 17 and 35 recognize the
rights of individuals or partners to do a banking business without
incorporating, yet the other sections of the law seem to have
been framed for application to incorporated banks only; hence, in
the construction of the law as to its application to private banks,
it requires not only a constant recollection of sec. 35, but a vivid
and analytical imagination as well."

24 Laws of Ky. (1893), chap. 171, pp. 62, 63, 64, 65.

25 Revised Statutes of Utah, 1898, sec. 380.

147] The Causes of the Growth of State Banks. 89

fully dispose of them to pay or secure the just claims of
any of his creditors." M In Kansas this question was met
by an enactment in the law of 1897 that " Any individual
or firm doing business as a private bank shall designate a
name for such bank, and all property, real or personal,
owned by such bank, shall be held in the name of the bank,
and not in the name of the individual or firm; all of the
assets of any private bank .shall be exempt from attach-
ment' or execution by any creditor of such individual or
firm until all liabilities of such bank shall have been paid in
full. No private banker shall use any of the funds of the
bank for his private business." 2 This makes of the private
banker in Kansas a corporation, to all intents and purposes,
except that his liability is unlimited, and that he has no
perpetuity. It is practically the creation of a new sort of
corporation. The same difficulties have manifested them-
selves in Wisconsin, where no capital is required for pri-
vate banks. The State Examiner, in his report for 1899,
page xii, says: "The main difficulty in supervising the
private bank is that . . . the individual, or firm, or indi-
vidual members of the firm may be indebted to outside
parties to such an extent as to cause the person or firm to
be insolvent." He doubts, however, whether it would be
constitutional to prohibit a private banker from engaging
in other business or to make depositors preferred creditors.
South Dakota, North Dakota and Oklahoma have dealt
radically with the problem. They have passed laws re-
quiring all persons conducting a banking business to be-
come incorporated.28 In both South Dakota and North
Dakota the law was contested as unconstitutional, but with
different results. The Supreme Court of North Dakota,
in State vs. Woodmansee,28 held that the requirement of

26 Longfellow & Barnard, 79 N. W. 255.

27 Laws of Kan. (1897), chap. 47.

28 Laws of N. D. (1890), chap. 23, sec. 27; Laws of S. D. (1891),
chap. 27, sec. 27; Laws of Okla. (1897), chap. 4, sec. 2.

29 1 N. D., 246.

90 The State Bank as a Credit Agency. [148

incorporation was constitutional, and was a legitimate exer-
cise of the police power. The South Dakota court took
an entirely different view of the question, the gist of its
decision being that banking, except with the right of issue,
was not a franchise at the common law, and had not been
made one by the constitution of South Dakota.80 " Whence
then," asks the court, " did the legislature of the state de-
rive its power to farm out these privileges to corporations,
and to deny to the individual citizen the right to exercise
them, which he and his ancestors have from time imme-
morial possessed? " 31

It is undoubtedly true that banking, even with the
right of note issue, was not a franchise according to the
common law. It is equally undeniable that at a compara-
tively early period the right of issue was confined to incor-
porated banks, and such banking became a franchise. The
question would seem to be then by what means the trans-
formation was effected, or, to put the matter more broadly,
by what means a franchise may be created. Under our
system of jurisprudence, is a constitutional provision neces-
sary to create a franchise, or may it be done by legislative
act simply? Looking at the question historically it is clear
that note issue was made a franchise in many states with-
out the intervention of constitutional provisions. In the
case of Bank of Augusta vs. Earle,32 the Supreme Court
said, " The institutions of Alabama, like those of the other
states, are founded upon the great principles of the common
law, and it is very clear that at common law, the right of
banking in all its ramifications belonged to individual citi-

30 State vs. Scougal, 3 S. D., 55. The court also found the law
unconstitutional as being in conflict with certain provisions of the
state constitution guaranteeing individual rights. It was also
held to be a violation of the 14th Amendment to the Constitution
of the United States. These objections evidently depend on the
answer to the question, "Is banking a franchise?" If that is
answered in the negative, individual rights would not seem to be
violated.

31 Id. p. 57. 32 13 Peters, 595.

149] The Causes of the Growth of State Banks. 91

zens, and might be exercised by them at pleasure. And the
correctness of this principle is not questioned in the case
of State vs. Stebbins. Undoubtedly the sovereign author-
ity may regulate and restrain this right, but the constitu-
tion of Alabama purports to be nothing more than a re-
striction upon the power of the legislature in relation to
banking corporations, and does not appear to have been a
restriction on individual rights. That part of the subject
appears to have been left, as is usually, for the action of the
Legislature to be modified according to circumstances, and
the prosecution against Stebbins was not founded on the
provisions contained in the constitution, but was under the
law of 1827 prohibiting the issue of bank notes."

The view of the North Dakota court was essentially in
accord with the facts in the case. The purpose of the state
in requiring incorporation was to exercise more effectively
its police power. The decision of the South Dakota court
looks rather at the creation of the franchise. It is this
difference in the view point which causes the opposition
in decisions: the one court regards incorporation in our
modern way as simply an instrument or method of carry-
ing on a business, while the other looks as it as an end. The
question has never come before the courts in Oklahoma,
so that of two decisions, one upholds, and the other denies,
the right of the legislature to require the incorporation of
private banks. Regulative acts, even those requiring a
capital stock, have been uniformly upheld by the courts as
an allowable exercise of the police power.83 Even in State
vs. Scougal, it was. said, "Assuming that the business of
banking we are now considering is clothed with such a
public use that it may be controlled by the State — and we
think it so affected with a public interest, etc."

The question is one which is evidently exciting an in-
creasing amount of interest; it seems clear that the best
plan for the regulation of banks under the present systems

38 Blaker vs. Hood, 53 Kans., p. 499.

92 The State Bank as a Credit Agency. [150

of supervision lies in requiring incorporation. The Secre-
tary of the State Board of Nebraska, in his Eighth Annual
Report, commenting on the decision of the Supreme Court
in Longfellow vs. Barnard, says, " The decision denies to
an individual engaged in the banking business as a private
banker the right to set aside any portion of his capital
as bank capital upon which depositors or other creditors
of his bank would be entitled to a prior lien, and makes the
capital of his bank subject to all of his debts, bank and
otherwise, and makes all of his property, bank capital and
other, liable for any of his debts, thus placing a private
bank owned by an individual as a part of any other busi-
ness in which he may be engaged. If this decision is to
stand as the law of this state, then should private banks
owned by individuals be prohibited by law?" Also in
Kansas, the present law, seemingly going as far in assimi-
lating an unincorporated bank to a corporation as it is pos-
sible to go without requiring incorporation, does not sat-
isfy the Commissioner, for in his report for 1897-1898,
p. xi, he says, " While some very good lawyers are in doubt
as to the power of the state to require all banks to incor-
porate, many of our ablest attorneys express the belief that
it is within the power of the legislature to designate the
manner in which this privilege may be exercised. I there-
fore recommend that our banking law be so amended as to
require all banks to incorporate. If this recommendation
should fail of adoption, I recommend that private bankers
be prohibited from engaging in other business, and that all
private bankers be required to live within the state."

The following table shows how important this legislation
has been in changing the relative position of state and pri-
vate banks in these states.

151] The Causes of the Growth of State Banks.

Number of Private and Small State Banks in States Having Laws
Prohibiting Private Banks, or Requiring Them to Have a Capital.34

1877

1888

1899

Private
Banks.

Small
State
Banks.

Private
Banks.

Small
State
Banks.

Private ! fmf £
Banks. , £**

84
30

104

2
25

365

' 306

196
122

120
104

141

81
65

110

259

Nebraska

North Dakota. . 1
South Dakota., j

Missouri

Oklahoma

313
103

94
390

Total

226

989

415

316

1215

With regard to Missouri it will be seen that while small
state banks are sixteen times as numerous as in 1877, pri-
vate banks have hardly increased at all.85 In the remain-
ing states the number of private banks was at its highest
in 1888. The decisive years were from 1888 to 1892, for
it was during this period that the restrictive legislation was
enacted. In those states of the Western Group in which
agriculture is a less important industry than mining or
stock-raising, and in most of the states of the Pacific Group,
the movement toward incorporation is less marked. The
capital minimum is higher and no great advance has been
made in bringing private banks under supervisory control.

State versus National Bank. — While, as has been pointed
out, legislation has been a chief cause of the growth of
small state banks at the expense of private banks, no factor
of the same kind has operated against the extension of na-
tional banks. Opposition to the national bank, a pro-

u In Kentucky and Utah the effect of the legislation is not so
appreciable, since in neither state is there any large number of
private banks. In Utah, moreover, the act is too recent for its
full influence to be seen.

35 About one-half of the private banks of Missouri have a capital
of less than $10,000. As has been said, the minimum capital for
a state bank is $10,000, and many of the private banks would
probably incorporate if the minimum were lowered.

94 The State Bank as a Credit Agency. [152

nounced feature of recent political alignments, has never
taken the form of an attempt to promote a rival system.
In so far as the state bank has won a place for itself by the
side of the national bank, it has done so on purely economic
grounds. The fundamental reason for the existence and
growth of small state banks as well as of private banks is
the small capital requirement. This is, however, quite in-
adequate as an explanation of the growth of state banks as
a whole since many of. them have a capital sufficiently large
to enable them to enter the national system. Preference
rather than necessity has made and keeps them state or-
ganizations.

There are three chief differences between the national
and the state systems so far as their relative profitableness
is concerned. In the first place, the national banks have
the exclusive power and to a certain extent are obliged to
issue circulating notes. It has frequently been shown that
the provision of the national act requiring each bank " to
transfer and deliver to the Treasurer of the United States
. . . bonds ... to an amount where the capital is one hun-
dred and fifty thousand dollars or less of not less than one-
fourth of the capital and fifty thousand dollars where the
capital is in excess of one hundred and fifty thousand dol-
lars " 3e imposes a hardship on those banks which do not
find their circulation a source of profit. From 1887 to
1899 there was little if any advantage accruing to the banks
of the South and West from the issue of notes. This result
was due to the high price of U. S. bonds. The amount of
circulation which could be secured was much less than the
cost of the bonds which must be deposited. In order to
issue $90,000 of circulation, a bank had to pledge $100,000
of government securities, the cost of which at times ran as
high as $128,000. The interest on the $38,000 of differ-
ence was lost. Where the local interest rate was high, this
loss was sufficient to destroy the profit on circulation. The

88 U. S. Rev. Statutes, sec. 5159.

153] The Causes of the Growth of State Banks. 95

banks of the South and West found therefore in the privi-
lege of issue no inducement to enter the national system.37

Secondly, the provisions of the state laws in regard to
the character of the loans which may be made by the banks
are more liberal than those contained in the national act.
As has already been shown,38 the state banks in nearly all
cases are permitted to loan on real estate. Evidently, if the
bank finds it to its profit to make such loans, other things
being equal it will prefer the state system.30

Finally, since credit is the life-blood of the banking busi-
ness, that system of regulation which is superior in giving
to its banks the confidence of the community will attract
to itself the major part of the business, unless there are
counteracting forces. It is in only a few states and there
within a comparatively recent period that the state sys-
tems can compete with the national in this respect. Where,
however, there are a large number of state banks and the
supervision is of a high order, there seems little to choose

87 The diminishing profit on national bank circulation has been
discussed by many recent writers on banking and currency: White,
" Money and Banking," p. 418 et seq. ; " Report of the Monetary
Commission," pp. 180-191, and by the late Prof. Dunbar, " The
Bank Note Question." Quar. Jour. Econ., Oct., 1892, p. 55.

38 See ante, p. 50.

39 In one other respect the state laws allow a freer extension of
loans. The national act provides that " the total liabilities to any
association of any person or of any company, corporation or firm
for money borrowed, including in the liabilities of a company or
firm the liabilities of the several members thereof, shall at no
time exceed one-tenth part of the capital stock of such association
actually paid in." (Rev. Stat's, sec. 5200). In most of the state
laws there are somewhat similar restrictions, but usually the part
of the capital which may be loaned to one person is larger than
one-tenth. It does not seem, however, that this can be of very
great influence in making organization under the state law desir-
able, since the national banks violate this part of the law with
impunity. The Comptroller of the Currency in his report for 1900,
p. xx, says: " On June 29, 1900, 1575 banks of the 3732 that were
active on that date, constituting nearly two-fifths of the entire
number of banks in the system, reported loans in excess of the
limit allowed."

The State Bank as a Credit Agency.

[154

on this score between the two forms of organization. The
rapid growth of state legislation designed to secure more
effective control of the banking business, has undoubtedly
contributed much to strengthen the state institutions by-
giving them better credit.

These then are the main factors which must be consid-
ered in attempting to understand the growth of state banks
of large size as compared with that of national banks. It is
to be noted that the importance of the first two considera-
tions is largely determined by sectional conditions, since
the rate of interest and the desirability of making real estate
loans vary in different parts of the country. The last con-
sideration is largely secondary, tending to intensify a pref-
erence proceeding from one of the other two. When for
any reason a class of banks has obtained an ascendancy,
the public becomes accustomed to them and use gives
confidence. The following table will enable us to weigh
the influence of each of these factors.

Number of Large State Banks [i. e. those having a capital of $50,000

OR MORE) AND OF NATIONAL BANKS BY STATES FOR 1877, 1888 AND 1899.

States.

1877.

1888.

1899.

State B'ks,

$50,000+

National.

State B'ks,
$50,000+

National.

State B'ks,
$50,000+ .

National.

Maine

N. H

Mass

Conn

R. I

71
46
46
237
81
62

75
49
49
253
84
60

8
6

82
52
49
250
79
56

Total N. E.
States. . . .

543

570 * 14

568

N. Y

N. J

Del

81
12
83
15
6

281
69

232
32
13

110

7
4

322

313

144 327

21 108

90 436

6 69

3 19

Total East-
ern States.

197

627

198

786

264 959

155]

The Causes of the Grozvth of State Banks.

18T7.

1888.

1899.

State B'ks, •Nr0+,^T,ol
$50,000+ j Natl0nal-

S$a5t0?aS+8' National.

State B'ks
$50,000+

National.

W. Va

N. C

S.C

Fla

Ala

Miss

Texas

Ark

Tenn

6
5
9

10
1

43
8

15
15
12
12
1
10

7
12

2
46
25

26
20
18
16
24
13
21
12
13
100
7
69
42

42
28
16
35
71
13
34
36
18

129

36
34
29
16
27
15
26
12
20
199
7
75
47

Tot. South-
ern States.

142

176

231 381

501

543

Deducting
Texas ....

132

164

227

281

501

344

Ohio

Ind

Ill

Mich

Wis

Minn

Iowa

28
11
30
24
12

76
18

165
99

144
80
41
31
30
78

22
29
54
36
32
97
77

219
94

182

109
59
56
50

129

51a

696
108

35
105

255
115
217
80
78
69
63
172

Total Mid-
dle States.

206

668

357

898

548

1049

Kans

Neb

N. D

S. D

Mont

Wyo

N. M

Col

Okla

12
6

\ ;;

15
10

57
54

2
3

160
104

17
9
9

{ I

2
10

98
100
23
25
21
11

6
36

Total West-
ern States.

145

391

32S

Wash

Cal

Ida .......

Utah

Nev

Ariz

38
2

1
9

2
4

27
38
7
7
2
1

15
129
4
7
5
2

Total Paci-
fic States.

106

176

120

Total U. S.

634

2074

1043

3132

1578

3567

a Excludes savings hanks. b Includes savings hanks.

Note. — The table is compiled from the official returns whenever
accessible, otherwise from data contained in Homans' Bankers' Alma-
nac. The number of national banks is for October of each year.

98 The State Bank as a Credit Agency. [156

Grouping the states, we find a decided preference for the
national system in the New England and Eastern States.
The field is more equally divided in the Middle States while
in the Southern and Pacific Groups the large state banks
are in the majority. Lastly, the Western States have four
times as many national as large state banks. It is quite
clear that an explanation based solely on the lack of profit
from note issue cannot satisfactorily account for such a
distribution., The rate of interest is certainly as high in the
Western States as in any other part of the country. If we
enter the groups, the inadequacy of such a solution be-
comes still more manifest. California prefers the state sys-
tem while Oregon and Washington, with higher interest
rates, have invested the larger part of their banking capital
in national banks. If the profit made on circulation were
the controlling force the preference for the state systems
would be in direct proportion to the rate of interest prevail-
ing. It is by no means true, however, that the declining
profit on note issue has not been a powerful factor in caus-
ing changes to the state systems. But this influence has
rather been a negative one. As long as large profits could
be made on circulation, the banks could afford to forego
the advantages which might be obtained by incorporation
under the state laws. This is well illustrated by the case of
the Southern States. Until 1888, the national banks were
in the majority in nearly every state in the South, but in
1899 the state banks were much the more numerous class.40

Leaving out of count the great manufacturing states, if
we arrange the other states of the Union according to their
preference for the national as against the state systems
we find that it is in almost exactly inverse ratio to their
stage of economic development. Where the state as yet
needs external credit for the exploitation of its agricultural
resources the national bank is far more important than the
large state bank. In North Dakota and South Dakota, for

40 Excluding the Texas banks for reasons heretofore given.

157] The Causes of the Growth of State Banks. 99

example, the national bank has almost a complete monopoly
of the field; the state banks being nearly all of less capital
than $50,000, while in Michigan, Missouri,11 California, and
in nearly all the Southern States, the state systems are de-
cidedly preferred by the larger banks. Wisconsin, Min-
nesota, Iowa, Kansas and Nebraska form an intermediate
class in which the two systems divide the business more or
less evenly.42

That these differences are closely connected with varia-
tions in the profit which can be made on real estate loans
seems evident. While the amount of such loans cannot
be ascertained for many of these states, the obtainable data
point to the fact that in the newer states lending on real
security is not practised by the banks to any large extent.
In Kansas only five per cent of the total loans of the state
banks are on such security, while in California the banks

41 Mr. Thornton Cooke, in an article in the Quar. Jour. Econ.,
Vol. xii, p. 72, " The Distribution of State Banks in the West,"
after examining the states of North Dakota, South Dakota, Kansas,
Nebraska and Missouri, finds that in Missouri alone of these states
is the state banking system preferred. He attributes this to the
fact that the state banks became firmly established in Missouri
while the national bank circulation was restricted. While the
long existence of a system of banking has undoubtedly powerful
influences, a wider study would have shown that Missouri is only
a type of a whole group of states.

42 No particular stress is laid upon the exact order in which the
states are placed. In some of them, the state banks are of a com-
posite character, both receiving savings deposits and doing a com-
mercial business. (See Appendix, p. 112). In such states the
number of state banks is naturally somewhat larger proportionately
than in those states where the two classes of banks are distinct and
the savings banks are not included in state banks. There can be
no question also that differences among the states in the banking
laws and in the efficiency of their administration produce important
results. Thus, the excellent system of state supervision in Mich-
igan has promoted the growth of state banks. It is clear, how-
ever, that between such states as Georgia, Missouri and California
on the one hand, and North and South Dakota on the other, there
are fundamental dissimilarities, affecting their preference for the
state banks, and transcending minor causes of inequality.

100 The State Bank as a Credit Agency. [158

make over one-third of their loans on real property.43 It
is not without significance that it was not until 1899 tnat
the laws of North Dakota permitted the state banks to make
such investments of their money. Even now in Oklahoma,
the law prohibits real estate loans by the banks. If in
these states any considerable profit could be derived from
business of this character such laws could not be passed in
the face of the almost universal practise to the contrary in
other states.44

It is not difficult to understand why in a state largely de-
pendent on external credit, banks find it little to their in-
terest to make loans on real estate. In such sections the
chief form of property for a considerable time is personal,
consisting of animals, implements, etc. Especially is this
the case where stock-raising is the typical industry. Land,
in such localities has so slight a value that it has little im-
portance as a security for loans. But even after land has
acquired a commercial value, it cannot always be made the
basis for the extension of bank credit. Whether it can or
not will depend on the condition of the locality as to its
dependence on external capital. There is an unfavorable
balance of trade against every new and rapidly-developing
community. Capital is being brought in and invested in
improvements which will ultimately perhaps more than pay
for themselves but cannot do so immediately. It is land
that is offered as security for this credit. If the banks in
such a locality attempt to supply this need they must settle
the balance against the section and consequently will be
stripped of so much of their reserves.

If a community has reached a stage where it is no longer
dependent on capital from other sections or what amounts
to the same thing, where it is no longer buying more than
it is selling, the banks will no longer labor under the same

43 See ante, p. 54. Note also the large real estate loans in
Mo., Wis., etc.

** It has already been mentioned that in Wisconsin a banking
law was defeated in 1898 because it restricted real estate loans.

159] The Causes of the Growth of State Banks. 101

disadvantage with respect to real estate loans. What A
sends out will be compensated for by what B brings in. It
is an old saying that banks cannot create capital and it finds
its practical application at the present time in the inability
of Western banks to make long-time loans on real estate.

There is also a positive reason for the preference exhib-
ited in the newer states for the national bank — a reason
closely connected with their need for external capital. The
stock of national banks is probably a more attractive in-
vestment for Eastern capitalists than the stock of state
banks. The Eastern investor is well acquainted with the
provisions of the national bank act and little informed as to
the state banking laws. Consequently the promoters of
banks needing a larger capital than they can secure at
home, organize under the national system because by so
doing they can attract foreign investors. In his report for
1897 the Comptroller of the Currency analyzed the distri-
bution of national bank shares. The following table shows
the proportionate part held by non-residents for certain
sections.

Number of Shares held by

Percentage held

Residents of Non-residents. by

the State. Non-residents.

Southern States 556,483 115,169 20

Middle States 1,380,223 225,228 16

Western States 216,601 110,940 51

Pacific States 128,422 49,728 38

Also within the groups the less-developed states show
a higher percentage of shares held by non-residents. Cali-
fornia, for example, has less foreign investment in her na-
tional banks than any of the other states in the Pacific
Group.

So far, then as the relative importance of the large state
bank and the national bank is concerned, the states may
be divided into three classes. In the first, comprising the
New England and Eastern States together with Indiana,
Ohio and Illinois, banking may be said to have reached a
high degree of specialization so that banks of discount and

102 The State Bank as a Credit Agency. [100

deposit confine themselves exclusively to loans on personal
security.43 The feature of this group of states is that manu-
facturing and commercial occupations are predominant.
The banks are able to employ their funds fully in loaning
on commercial paper. The agricultural states fall into two
classes, in one of which the large state bank is preferred to
the national bank because real estate loans can be profitably
made, while in the other class, the national system is su-
perior in numbers on account of the impossibility because
of economic conditions of making long-time loans for per-
manent improvements.

A study of the effects produced by the recent amend-
ments to the national bank act confirms the view that the
decrease in the profit on circulation has not been the con-
trolling factor in the growth of large state banks. The Act
of March 14, 1900, lowered the minimum capital required
for national banks in smaller towns to $25,000 and elimi-
nated almost entirely the effect of differing local rates of
interest on the profit from note issue. The latter end was
accomplished by raising the amount of circulation which
might be issued from 90 to 100 per cent of the par value
of the bonds deposited and by refunding a considerable part
of the national debt at two per cent, thus furnishing a bond
on which the premium would be considerably less than on
any formerly used as a basis for note issue. Thus the dif-
ference between the cost of bonds and the circulation was
reduced to almost nothing and consequently the profit on
bank circulation was made very nearly as large in those sec-
tions where interest is high as in those where it is low.
There has resulted a considerable increase in the circulation
of the national banks of the South and West.46

45 It is by no means intended to imply that a whole group of
states, or even a single state, is of a uniform type. There are, of
course, agricultural sections in New York as well as in Missouri
or N. Dakota, and so there are some state banks in New York,
but agriculture is not the industry which gives form to the greater
part of the banks.

48 See Report of Comptroller of Currency, 1900, Vol. I, pp. 343,
344-

161] The Causes of the Growth of State Banks. 103

Two courses were open to the state banks, either to
enter the national system and lose the advantage of lend-
ing on real estate or to remain state banks and forego the
profit to be made on note issue. Since the profit on circu-
lation was practically the same throughout the country, the
relative gains of the national system in the various sections
furnish an index to the valuation placed by the banks on
the privilege of making loans on real property. The fol-
lowing table shows the result.47

State Banks with a Nat. Banks Organized

Capital of $35,000+ from March 14, 1900

active, Jan. 1, 1900. to Sept. 30, 1901.

N. Y 207 27

W. Va 55 12

N. C 25 8

Fla 13 2

Ga 95 6

Miss 65 2

La 31 7

284 37

111 155 40

Mich 157 9

Wis 135 18

Minn 57 28

Iowa 207 53

Mo 197 9

908 157

Kans 84 21

Neb 100 20

N. D 12 12

S. D 16 9

Okla 6 37

218 99

California 147 9

During the time the act has been in operation there has
been in most parts of the country a steady betterment in

47 The table is compiled from the state bank reports for the date
nearest to Jan. I, 1900, on which the banks reported. Only those
states are included for which official returns were obtainable. The
numbers of national banks organized are taken from the leaflet
issued by the Comptroller of the Currency on Sept. 30, 1901.

104 The State Bank as a Credit Agency. [163

business conditions, in consequence of which many new
national banks would have been formed without legislation;
but it is clearly true that to some extent banks have been
induced to leave the state systems and organize under the
national law. The noteworthy point is that the gains have
been made in those states where the national bank was
already strong. The newer states have transformed their
$25,000 state banks into national banks. Thus in North
Dakota and South Dakota, of the twenty-one banks organ-
ized, twenty were of less capital than $50,000 and the only
reason seemingly that they were not in the national system
before was that the capital requirement was too high. The
states which formerly preferred the state system still pre-
fer it. While there were 500 and more state banks in Mis-
souri, Michigan and California of sufficient capital to or-
ganize as national banks if they had desired only twenty-
seven new national banks have been formed. The same re-
sult is seen in the South, the national system has gained but
little and that mostly in those states which formerly used
national banks to a considerable extent.

It seems clear that the lack of profit on circulation has
been a minor element in determining banks to go into the
state system. Far more important is the power to loan on
real estate, the ability to combine in one institution the func-
tions of a savings bank and of a bank of discount and de-
posit. This is the fundamental cause for the growth of
large state banks.

The future of state banking will depend on several things.
In the first place, it is evident that if the profit on circula-
tion is increased by Congressional legislation, the gain to
be obtained may be sufficient to draw the larger state banks
into the national system. At the present time, the increas-
ing premium on the two per cent bonds is making note
issue less profitable and it is difficult to see how, if the pres-
ent plan of securing the notes by bond deposit is retained,
any further changes in the law can give the banks more
profit. If that system is abandoned, and a method of issu-

163] The Causes of the Growth of State Banks. 105

ing notes upon the basis of banking assets is adopted, the
banks now operating under state charters may find it to
their interest to give up the business of loaning on real
security in order to obtain a greater gain from circulation.
Whether they will do so or not will evidently depend upon
the provisions of the new law. Until there are radical
changes in the national bank act, the circulation privilege
will not be a sufficient incentive to induce changes to the
national system in the South and the more fully developed
states of the West.

It seems likely that as such states as Kansas and Ne-
braska become less dependent on external credit for the
development of their agricultural resources they will find
their needs better met by banks which can loan on real
estate., There are signs that this movement is in progress.
In his report for 1899-1900 the Kansas Bank Commissioner
says : " Believing there is no better security than a first
mortgage on good Kansas land, where reasonable judg-
ment is exercised with respect to the amount of the loan
I have been disposed to favor this class of loans and have
urged our banks to carry a reasonable amount of same
. . . the amount of real estate loans held by our banks is
gradually increasing, being $300,000 greater at this time
than at the date of my last report." The time is not per-
haps far distant when the large state bank will dominate the
banking business in such states as fully as it does in Geor-
gia or in Missouri.

The Act of March 14, 1900, in so far as it drew into the
national system banks formerly organized under state laws,
had a tendency to weaken the forces making for the better
regulation of state banking. The growth of state super-
vision has gone pari passu with the increase in the number
of state banks; while there were few of such institutions it
was only natural that their regulation should be more or
less neglected. As they have increased they have become
more and more the objects of legislative attention. It is
not an accident that supervision reaches its highest devel-

106 The State Bank as a Credit Agency. [164

opment in those states where the state banks are most nu-
merous. With a further lowering of the capital minimum,
the national system would probably absorb still more of the
state banks in some states. The evolution of state super-
vision would thus receive a set-back. The question is thus
raised whether it will be advisable to bring into the na-
tional system still smaller banks. The answer must de-
pend on what conception is entertained of the function of
national banks. If it is considered desirable to have a
national system of supervision for as many banks as pos-
sible and this is regarded as the primary aim of legislation
there seems no good reason why the very smallest banks
should not be admitted into the system.

But the national bank is not only a bank of discount and
deposit, it is also a bank of issue. Up to the present time
we have been able to have small banks of issue because the
safety of the note has been secured by the bond deposit.
Before the introduction of this method of guarantee, in
none of the states were the banks of issue of small capital.48
To permit $25,000 banks to issue a credit currency would
probably be hazardous.49

It was the invention of the bond deposit as a security for
note issue which made it possible for the small bank to
become a note-issuing bank; it is the failure of a bond-se-
cured circulation to supply the needs of the country which
makes it impossible for the small bank to continue as a
note-issuing bank. If the national bank is to be considered
primarily as a bank of circulation, and it is to issue notes
based on banking assets, the minimum capital seems
already too low. It is a mistake to suppose that every
bank of discount and deposit must also be a bank of issue.
It is pertinent, therefore, in view of the urgent need of a
reform in the method of note issue to ask why it would not

48 They were either large independent banks, or branches of large
banks.

49 See Taylor, " The Object and Methods of Currency Reform
in the United States," Quar. lour. Econ., Vol. XII, p. 307.

165] The Causes of the Growth of State Banks. 107

be best in future legislation to have a single eye to the one
truly national function of the national bank and to leave to
the state systems the regulation of all other banks. Already
the states supervise savings banks, trust companies and
such of the banks of discount and deposit as find their needs
more fully met than under the national system. It has
been shown in the first part of the present essay how
promptly and efficiently the state legislatures have re-
sponded to the need for bank supervision. That they could
be safely trusted with the control of whatever banks it was
thought best to exclude from the national system is certain.
The smaller banks remaining national are a hindrance to
the better regulation of the banking currency; in the state
systems they would give added impetus toward better state
supervision.

APPENDIX

Explanatory Note.

The accompanying table, showing the number of state
banks by years and states, is based on three sources of in-
formation :

I. Reports of the Comptroller of the Currency.
II. Reports by state banking officials.
III. Unofficial statements.

(a) " Homans' Bankers' Almanac and Register."'

(b) " Rand and McNally's Bankers' Guide.,"

I. Reports of the Comptroller of the Currency.

The first official attempt to collect statistics of banking
for the whole country was made in 1833 under a resolution
passed by the House of Representatives on July 10, 1832.
From that time until 1863, with the exception of some few
years, the Secretary of the Treasury regularly included
in his reports information regarding the number of state
banks in the United States. In his annual report for 1863,
Secretary Chase recommended the discontinuance of the
practise, and no further information with regard to state
banks was given in the succeeding reports of the Treasury
Department. By act of Congress in 1873,1 the Comptroller
of the Currency was required to report to Congress, " a
statement exhibiting under appropriate heads the resources
and liabilities of the banks, banking companies and sav-
ings banks organized under the laws of the several states
and territories, such information to be obtained from the
reports made by such banks, banking companies and sav-

1 Rev. Stats, of the U. S., sec. 333.

167] Appendix. 100

ings banks to the legislatures or officers of the different
states and territories, and where such reports cannot be
obtained, the deficiency to be supplied from such other
sources as may be available."

Until 1887, the Comptroller included in the tables of
state banks only those banks which made returns to some
state official.2 These statistics were reported to the Comp-
troller by the authorities in the various states. From 1887
to the present time, information has been gathered by direct
correspondence, concerning banks located in states whose
laws require no reports. The fullness of these returns
has depended entirely on the disposition of the banks to
give the information asked for. As a matter of fact only
a few banks have made the reports. The statistics con-
tained in the Comptroller's Reports, in so far as they are
based on unofficial data are therefore quite incomplete.

From 1875 to 1882 the reports of the banks to the Com-
missioner of Internal Revenue, given as a tax return, were
tabulated by the Comptroller and included in his reports.
It was only in the summaries for 1880, 1881 and 1882 that
the numbers of private, state and savings banks were shown
by states. Since the repeal of the law imposing an internal
revenue tax on banks no complete official enumeration of
banks other than national has been made.3

II. Reports by State Officials.

The state reports are the primary source of information
with regard to state banks. They are compiled from re-
turns made by the banks under law and consequently are
entirely accurate. The statistics contained in the Comp-

2 There was a sporadic attempt in 1876 to gather information as
to other banks, but it was abandoned in 1877.

8 The internal revenue law of 1898 imposed again a tax on banks
and afforded an opportunity for the compilation of a similar table,
and this has ostensibly been done (Report of Comptroller of
Currency, 1900, Vol. I, pp. 297-300), but in reality private and state
banks are inextricably confused.

.110 Appendix. [168

troller's reports are valuable only in so far as they are
based on the state reports.

In the compilation of the accompanying tables the state
reports have been used to correct and supplement the
figures given by the Comptroller of the Currency in the
following ways:

(i) In some cases, when official statistics as to the num-
ber of state banks were obtainable, they have not been used
by the Comptroller. For example, since 1891 state banks
in West Virginia have been required to make reports to
the State Auditor. The number of state banks in West
Virginia are thus given by the Comptroller and by the
Auditor:

Comptroller's Report. Auditor's Report.

189I 19 42

1892 27 45

1893 ....45 55

1894 26 56

1895 58 58

1896 59 60

1897 66 68

1898 41 74

1899 75 75

Evidently for several of these years the Comptroller, for
some reason, has not availed himself of the information col-
lected by the state authorities, but has relied on incomplete
voluntary returns. Wherever, as in this case, a discrep-
ancy has been found between the numbers given in official
state reports and those in the Comptroller's reports the
former have been used.

(2) In several states the returns of private and state
banks as given by the Comptroller are not separated. It
has been found possible in most cases by resorting to the
state reports to remedy this defect. In Mississippi, how-
ever, a few private banks are included in the number of
state banks as given in the table.

169] Appendix. Ill

(3) The Comptroller's office has pursued a varying policy
with regard to the classification of stock savings banks in
Iowa and Michigan. Until 1886, all banks in Michigan
operating under state charters were classed as state banks
but in that year they were divided into state and savings
banks. Again in 1887 they were all reported as state
banks, but in 1888 the division was again made and retained
until 1893. Since that time the early method of classing
them together as state banks has been followed. The
banks of Michigan are nearly all banks of discount and de-
posit, many of which carry on in addition a savings bank
business. Whatever classification is made of them should
be a uniform one, and it has seemed most in accordance
with the facts to consider them all as state banks. Conse-
quently the numbers for 1886, 1888, 1889, 1890, 1891, 1892
given in the Comptroller's reports have not been used in
the tables but the numbers given by the Bank Commis-
sioner of Michigan for all state banks have been substi-
tuted for them. A similar situation presented itself in the
case of the Iowa banks. Since 1875 savings and state
banks have been classed separately by the state officials.
Until 1886 they were grouped together as state banks by
the Comptroller but after that time they were separated.
The numbers given for the earlier years by the Comptrol-
ler have been replaced in the table by those of the State
Auditor.4

In many cases the official reports do not separate stock
savings banks and state banks.8 The amount of this con-
fusion may however be defined. According to " Rand and
McNally's Bankers' Guide" for 1899, there were in the

* Since the Auditor's reports up to 1887 were biennial, returns
are only obtainable for alternate years; the intervening years have
been filled by taking an average of the preceding and succeeding
numbers. This method of interpolation has been used in several
other places in the table.

B This is true also of " Homans' Bankers' Almanac," the use of
which in the preparation of the table is explained below.

112 Appendix. [170

United States in that year 1331 savings banks of all kinds.
Of these, none of the mutual savings banks of the New
England States, N. Y., Pa., Del. and Md., amounting to
663 banks are included in the table as state banks.
Also in the following states the stock savings banks are ex-
cluded from the enumeration of state banks: Fla., Col..
Iowa, La., Minn., N. C, Texas, Utah and 111. These
amount to 308 banks. So that of 133 1 savings banks 360
are classed with the state banks in the table. There are
very few savings banks in the Southern and Western States.
The states in which the number of savings banks which
cannot be separated is largest are Pa.,,6 Ohio., Mich., Wis.
and Mo. In the last three states there are no distinct sav-
ings banks/ Many of the state banks combine the func-
tions of savings banks and of banks for discount and de-
posit. To some of them the savings bank business is im-
portant, but in the greater number it is subsidiary.

III. Unofficial Statements

Even after the statistics given by the Comptroller have
been supplemented and corrected as far as possible by the
official state reports, there still remains a considerable num-
ber of states for the banks of which official information is
lacking either for all or a part of the period 1877-1899. As
has been said before, the Comptroller since 1887 has col-
lected statistics for such states by direct communication
with the banks, but he has secured returns from such a
small part of the banks that the information given is of no
value in determining the number of banks.

In order to fill in these gaps unofficial data have been
used in the preparation of the table. Since 1873 " Homans'
Bankers' Almanac and Register " has given annually the
number of state banks in each state. There are reasons for
believing that the numbers given by " Homans' " are ap-

8 Stock savings banks.

7 There is one such bank in Wisconsin.

171] Appendix. 113

proximately correct. They closely correspond for the years
1880, 1881, 1882 with the numbers contained in the official
enumeration made by the Commissioner of Internal Reve-
nue. The substantial accuracy of the " Homans' " statis-
tics is also indicated by the fact that whenever a state has
adopted a system of bank supervision the exact returns
thus obtained show that the " Homans' " figures for pre-
vious years were very nearly correct.

The table showing the number of private banks by years
and states has been made up entirely from data contained
in " Homans'." Official statistics of the number of pri-
vate banks can be obtained for only a few states, and with
regard to those for only a short period. It has seemed
best, therefore, to use throughout the unofficial information.

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(117)

INTERNAL IMPROVEMENTS
IN ALABAMA

Series XX No. 4

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. Adams.)

J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

LNTERNAL IMPROVEMENTS
IN ALABAMA

By WILLIAM ELEJIUS MARTIN

Professor of History in Emory and Henry College

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY

APRIL, 1902"

JOHNS HOPKINS PRESS

Zfc £orb (gaUimoxt (pre

THE FRIEDENWALD COMPANY
BALTIMORE, MD.

PREFACE

This paper is an effort to trace the development of the
public highways of Alabama, and to point out their in-
fluence upon immigration and settlement. It indicates
briefly what has been done within the state by the Fed-
eral Government in improving rivers and harbors and in
aiding the construction of railroads ; and discusses finally
the policy of Alabama respecting public aid to such works.

I wish to acknowledge my indebtedness to the late Pro-
fessor Herbert B. Adams and to Professor J. M. Vincent,
from both of whom I received helpful instruction in the
methods of historical study; also to Dr. J. C. Ballagh for
the suggestion of this topic and for his continued interest
during the progress of the work.

Johns Hopkins University,
June, 1901.

CONTENTS

Chapter I.— Development of Highways.

Indian Paths 9

Trading Roads 12

Federal Roads 15

Stage and Express Lines 27

Road System of Alabama 29

Chapter II.— River and Harbor Improvements.

State Aid 33

Improvements by the Federal Government 42

1. The Tennessee -42

2. The Chattahoochee 48

3. The Tallapoosa 48

4. The Choctawhatchee 49

5. The Coosa 50

6. The Cahaba 52

7. The Conecuh and Escambia 52

8. The Alabama 53

9. Mobile Harbor 54

10. The Tombigbee 57

n. The Warrior 60

12. The Black Warrior 61

Chapter III. — Construction of Railroads.

Federal Land Grants 64

The Two and Three Per Cent Funds 68

State Aid : Policy Prior to the Civil War 72

State Aid Since the Civil War 79

INTERNAL IMPROVEMENTS IN ALABAMA

CHAPTER I

THE DEVELOPMENT OF HIGHWAYS

Indian Paths.

From Indian trails to trade routes, from trade routes to
pioneer roads has been the line of evolution along which
the public highways of Alabama have developed. When
the curtain of Alabama's history first rises the Cherokee
Indians were dwelling in their mountain homes in the
northeastern portion of the state. West and southwest of
the Cherokees were the Chicasas whose territory included
the greater part of the Tennessee Valley, embracing the
northwestern tier of the present counties of Alabama,
reaching westward as far as the headwaters of the Yazoo
River in the state of Mississippi.

The western and southwestern portions of the state
were occupied by the Choctaws, " The Maubilians with
whom De Soto came in collision on the lower Alabama
and the Tuskaloosa, and partly exterminated." * Their
territory, reaching westward from the Tombigbee River,
covered all that part of the present state of Mississippi
which lies south of latitude 33 ° 30'.

East of the Choctaws were the Muscogees or Creeks.
" When first known to the white colonists," says Brewer,
"this domain stretched from the Tombigbee to the At-
lantic, but they were gradually driven west of the Ocmul-
gee and Flint. Their principal towns were on the Talla-

1 Brewer, Alabama, p. 16.

10 Internal Improvements in Alabama. [128

poosa and Chattahoochee. Their war trail extended to
the Mobile Bay and the Florida Everglades." " The
Hillabees," the same author continues, " Autaugas, Cusse-
tas, Eufaulas, Ocfuskees, Uchees, etc., were names which
attached to the Muscogees residing in those towns." 2

We thus have a general line of Confederated Creek8
towns, dotting the territory of Alabama and Georgia, the
most easterly of them being located on the site of the
present city of Augusta.* Each town had its own " Micco "
or King, but there was a Grand Chief of the Confederation,
who presided over the National Councils and led them to
battle. The capital of the nation was Tookabatcha, on
the Tallapoosa River, a few miles above its confluence with
the Coosa, and here the chiefs and representatives of all
the towns gathered annually, in May, to consult on matters
of general interest. The towns were brought in touch
also by social features, it being a regular custom, for
example, for warriors of one town to challenge those of
another for a game of ball, their national amusement.
The challenge having been accepted, the contestants would
repair to the appointed spot, followed by throngs of their
respective townsmen, and the battle would be fought amid
the shouts of their enthusiastic spectators. This constant
contact, town with town, not only resulted in a network
of paths running from village to village, uniting the
" Upper Creeks " on the Coosa and the Tallapoosa rivers
with the " Lower Creeks " on the Chattahoochee, but also
produced a well beaten, clearly marked line of communi-
cation from the eastern boundaries of Georgia to the west-

3 To gather in village communities was characteristic of the
Creek Indians. Thus, Bartram in his Travels (p. 462), tells us
that there were in 1777 " Fifty-five towns, beside many villages not
enumerated."

8 The Muscogee Indians were all called " Creeks " by the English
explorers and traders on account of the many beautiful rivers and
streams which flowed through their extensive domain. Pickett,
vol. i, p. 29.

4 Pickett, vol i, p. 81.

129] The Development of Highways. 11

ern portions of Alabama. This main path, known as the
" Southern Trail " led in early times probably from the
site of the present Augusta, crossing the Oconee River
just below Milledgeville, striking the Ocmulgee at the foot
of the Ocmulgee fields,5 proceeding westward to Coweta
(near Columbus) where the Chattahoochee was crossed,
thence across the Tallapoosa at Tookabatcha, then almost
due west to the Coosa, then up the river to " Coosa Old
Town " (in the fork of the Talladega and Kiamulgee
Creeks) and from here moving westward across the Cahaba
River near Cahaba Old Town and thence into the settle-
ments along the Tombigbee, and running still further to
the northwest reaching the Chicasas in northwest Alabama
and northeast Mississippi. From Coosa there was also a
trail running southwestwardly into the Mobile Country.6

Another route leading from the Georgia Country, called
the " High Town Path," " started from High Shoals on
Apolachi River, which is the southern branch of the Okone
River, and went almost due west to ' Shallow Ford ' of
Chattahuchi River, about twelve miles north of Atlanta,
Georgia, in the river bend." 7

Continuing, the trail led to High Town or Etowah, and
the other towns bordering on the Cherokee district and
finally reached the Chicasa Country. There were many
other similar paths but for our purpose these are the two
most important, as the traders from the Carolinas and
Georgia followed this general system of paths in penetrat-
ing the interior of Alabama and reaching the various
Indian tribes with their wares.

5 Bartram, Travels, p. 52. These fields were about 70 or 80 miles
above the confluence of the Oconee and Ocmulgee rivers.

8 See map in American Gazetteer, vol i, London, 1762. Repro-
duced in Winsor's Westward Movement, p. 31.

7 Gatschet, Migration Legend of the Creek Indians, p. 151. Here
the path is called " High Tower Path," but should be as above, as
is shown in Carey's American Atlas (Philadelphia, 1795). Repro-
duced in Winsor's Westward Movement, p. 383. The path was
so called from the village " High Town/' the most northerly town
of the Creeks.

12 Internal Improvements in Alabama. [130

Trading Roads.

In 1702 the French established on the Mobile Bay, at the
mouth of Dog River, " Fort St. Louis de la Mobile," the
first white settlement ever made in what is now Alabama.
These French Colonists, anxious to gain the friendship of
all the Indians on the Mobile River and its tributaries,
proceeded at once to send out emissaries that treaties of
peace and trade might be made. This point, Mobile,8
early became the capital of French-America. Their plan
was to form a strong line of forts," along the Mississippi
Valley, from the Gulf to the Great Lakes, and thus pre-
pare themselves to resist the pressure of the expansive
English, and to control the trade of the Indians.

But the colonists of Carolina, as is characteristic of the
English stock, had already heard " the voice of duty,"
had already taken up the " white man's burden " and were
carrying some of the " blessings of civilization " to these
Indian tribes. These pioneer traders had two paths, one
leading from Charleston by the Indian town Keowee (near
the source of the Savannah River and where Fort Prince
George was built in 1755) thence westward along the
ridge dividing the tributaries of the Tennessee and Savan-
nah Rivers, thus practically following the boundaries be-
tween the Creek and Cherokee towns, and then follow-
ing at will the " High Town Path," already described, and
leading ultimately into the Chicasa Country.

Another route, and the one most formidable to French
interests, was the old Indian trail mentioned above as the

8 In 1711 the fort was moved further up the bay to the mouth
of Mobile river, thus establishing the present site of Mobile.

8 Among others may be mentioned Fort Toulouse, established
in 1714, at the confluence of the Coosa and Tallapoosa; Fort Tom-
becbe, in 1735 on the Little Tombigbee river, at what is now
Jones' Bluff; Fort Assumption, on the Chicasa Bluff, now Mem-
phis, here a trading post was established by LaSalle as early as
1673; Fort Duquesne, at the mouth of the Monongahela, near
Pittsburg, in 1754.

131] The Development of Highways. 13

" Southern Trail " and which Bartram in his " Travels "
calls the " Great Trading- Path." At a very early date the
Carolinians had established Fort Moore, near where the
present Augusta, Georgia, is situated, as a frontier trading
post. Hard by, on the same river, was Silver Bluff, " A
pleasant villa, the property and seat of G. Golphen,
Esquire, a gentleman of very distinguished talents and
great liberality, who possessed the most extensive trade,
connections and influence, amongst the south and south-
west Indian tribes, particularly with the Creeks and Choc-
taws." 10 This being the site of an old Creek town, as al-
ready mentioned, and being the terminal point of the old
Creek trail, accounts in a measure for the location of these
three points. Along this trail the traders and emissaries
from Carolina pushed their way into the Creek Country,
and the Georgians after the founding of their colony in
1732, at once proceeded to add to their numbers in pushing
the Red Man westward and following him with their wares.

The French usually carried on their trade from Mobile
by river; there was, however, a land route to Fort Tou-
louse.11 There was also a good road running through the
Choctaw Country west of, and not far from the Tombigbee
and Mobile rivers by which the Choctaws traded with the
French. Another road ran from Mobile to the Chicasa
towns." There were, likewise, routes by which the traders
from Pensacola reached the Choctaws and Creeks.

These main routes, intersected as they were by many
hunting paths, were not easily followed by any but a " good

10 Bartram, p. 312.

11 Fort Toulouse was built by Bienville in 1714, near the junc-
tion of the Coosa and Tallapoosa rivers, a strategic position for
controlling the Indian trade. Upon its abandoned site was
erected Fort Jackson a century later. To checkmate this French
move the Georgia colonists built a stockade about forty miles
further up on the Tallapoosa, and this fort, Ocfuskee, for several
years served as the rendezvous of the British traders. Pickett,
Alabama. Adair, American Indians.

12 Dow's Life and Works, p. 101.

14 Internal Improvements in Alabama. [132

woodsman " as the pioneer Methodist preacher, Lorenzo
Dow, notes of his trip in 1803 from the Oconee River to
the Natchez Country. Although he had provided himself
with a map and with a compass he frequently lost his way,
the one on whom he " depended as guide knowing nothing
about the roads." The distance of four hundred miles
from the Oconee to the Alabama Rivers he made in thir-
teen and a half days.

In 1776 the English botanist, Bartram, joined a com-
pany of traders in Georgia, and with them made the trip
through the Creek Country to Mobile. Of this he gives
us an interesting sketch,13 from which we may gather some
idea as to the modes of travel along these roads. The
band, consisting of twenty men and sixty horses, fording
the Oconee, the Ocmulgee, and the Flint, pushed westward
to the Chattahoochee at Uchee Town (near the present
Columbus) where the Indians carried their goods across
in canoes. Then the traders dispersed among the Indian
towns while Bartram wended his way to Mobile. Passing
Coolome, a trading center near the junction of the Coosa
and Tallapoosa, he moved along parallel with the Alabama
near the present site of Montgomery. Here the trail
bears away to the south, leaving the Alabama at some dis-
tance, crossing the head waters of the " Schambe "
(Escambia) River and finally reaching Taensa about thirty
miles above " Fort Conde " or " City of Mobile."

He returned in November, 1777, by practically the same
route, with another trading band consisting of the " chief
trader," two packhorsemen, with twenty to thirty horses,
sixteen of which were alternately loaded with packs of
one hundred and fifty pounds each. " They seldom de-
camp," the author declares, " until the sun is high and hot;
each one having a whip of the toughest cow skin, they start
all at once, the horses having ranged themselves in reg-
ular Indian file, — then the chief drives with the crack

1B Bartram' s Travels, pp. 372-461.

133] The Development of Highways. 15

of his whip and a whoop or shriek, which rings through
the forests and plains — when we start all at once, keeping
up a brisk and constant trot, which is incessantly urged
and continued as long as the miserable creatures are able
to move forward, — every horse has a bell on which being
stopped when we start in the morning with a twist of
grass or leaves, soon shakes out and they are never
stopped again during the day. The constant ringing of
the bells, smacking of whips, whooping, and too frequent
cursing these miserable quadrupeds cause an incessant up-
roar and confusion inexpressibly disagreeable." The
merchandise was conveyed across the swollen streams on
rude rafts made of trunks of trees and bundles of cane
bound together by vines and withes. A narrower stream
they would cross by a " sapling felled across it, which is
called a raccoon bridge." Over this the traders could
lightly trip with a load of a hundred pounds, while Bartram
" was scarcely able to shuffle himself along over it astride."
"A portable leather boat about eight feet long, of thick
sole-leather, folded up and carried " on their horses was
another device these traders employed in crossing streams.
These boats with the help of a few saplings for " keels and
gunwhales " could be rigged up in half an hour and would
carry " ten horse loads " according to Adair. The latter
tells us that " few take the trouble to paddle the canoe,
for as they are commonly hardy and also of an amphibious
nature, they usually jump into the river and thrust it
through the deep part of the water to the opposite shore." "

Federal Roads.

The clauses in the Constitution of the United States
which empower the Federal Congress " To provide for
the Common Defense and general Welfare " of the nation

14 Adair, American Indians, London, 1775.

Adair was an English trader who resided for forty years among
the Creeks and long held them to the English side in spite of the
efforts of the French.

16 Internal Improvements in Alabama. [134

and " To establish Post Offices and Post Roads," subject
as they have been to very elastic interpretations, form the
basis upon which have been founded the policy and practice
of internal improvements by the Federal Government.
We find that James Madison in 1796 advocated the ex-
amination and survey of a " general route most proper for
the transportation of the mail from Maine to Georgia." l3

By act of May 17, 1796, it was declared that "three
tracts of land, not exceeding one mile square each " should
"be granted to Ebenezer Zane for opening a road from
Wheeling to Limestone (Maysville, Kentucky) and for the
"establishment of ferries over the Muskingum, Hocking,
and Scioto Rivers.18 This road, as will be seen, lay
throughout its entire length in territorial lands, and was
the first item of internal improvement to receive aid from
the Federal Government. " From that day to the present "
(1824), says Benton, " Congress has been making these
roads without reference to the Constitution, because uni-
versally held that the Constitution did not extend to terri-
tories. In my thirty-two years of congressional service
I can well say, I never heard a question raised about the
right of Congress to make in the territories the local im-
provements which it pleased. I have seen members of all
political schools constantly voting for such objects — the
^strict constructionist generally inquiring if the road was
limited to the territory, and voting for the bill if it was." 1T

The theory was that no state sovereignty would thus be
infringed upon. Territories are the " property of Con-
gress, subject only to the conditions upon which they
were ceded by the states or foreign nations, and Congress
acted with them without reference to the Constitution of
the United States," 18 but according to the Territorial ordi-

Benton, Debates of Congress, vol. i, p. 637.

United States Statutes at Large.

Benton, Debates of Congress, vol. vii, p. 617.

Ibid.

135] Tlie Development of Highways. 17

nance of July 13, 1787, which had been given them by
Congress and which the latter could modify.

Under Act of May 1, 1802, the Secretary of the Treasury
was empowered to have " viewed, marked and opened such
roads within the territory northwest of the Ohio as, in
his opinion, will best serve to promote the sale of the public
lands in the future."19 For this purpose six thousand dol-
lars were appropriated from the moneys received from the
sale of public lands.

Now if it is good for the " National welfare," to provide
roads within a territory why is it not also advantageous to
construct roads leading from the states into the territories?
Immigration would thus be encouraged, values of public
lands enhanced, and close commercial relations would de-
velop a strong feeling of national unity. The step was
easily made; and on March 29, 1806, came the Act auth-
orizing the opening of a road from Cumberland, in Mary-
land, to the Ohio River in Ohio. For the opening of the
road thirty thousand dollars were appropriated from the
proceeds of public land sales. If the funds derived from
the sale of public lands could thus be constitutionally ap-
plied why not any other funds in the treasury?

Thus was driven the entering wedge. The precedent
was established, and gradually the strict constructionists
surrendered their position as sticklers for the Constitution
and joined the pellmell rush, the game of grab. This, of
course, developed at a much later period than the one with
which we are now dealing; but we see that the idea was
already in the public mind.

By 1800 the Spanish government had at last (in 1795)
acceded to the claims of the United States to all the terri-
tory north of the thirty-first degree, Colonel Ellicott had
marked this southern boundary line (in 1798-9), the Span-
ish garrisons had evacuated Fort St. Stephens20 and Fort

19 United States Statutes at Large.

20 Established by the Spanish about 1786.

18 Internal Improvements in Alabama. [136

Tombecbe21 (called by the Spanish Fort Confederation) and
Congress (in 1798) had organized the Mississippi Territory.
The white population of that part of the Mississippi Terri-
tory which afterwards became Alabama were confined to
the settlements around Tensaw (near Nannahubba Island),
St. Stephens, and Tombecbee." It consisted of those who
had been stranded from the French colonies (who held
the region till 1763), of those who remained from the
Spanish colonies (who claimed and held these districts
from 1783 to 1798) and of the few Americans who had
filtered through the wilds from Georgia.23 To protect
these isolated colonists from the surrounding Indians and
from the intriguing Spaniards just below them, and to en-
courage immigration into the territory the Federal Govern-
ment soon proceeded to construct two roads, one leading
into the Natchez settlement on the Mississippi River, and
another leading into the settlement along the lower Ala-
bama. On October 24, 1801, a treaty was made with the
Chickasaw Indians (approved by the United States Senate
May 1, 1802) by which a "wagon road" was allowed
through their lands from " The Mero District in the State
of Tennessee " to the Natchez settlements. For this priv-
ilege " The Commissioners of the United States give to the
Mingco of the Chicasaws and the deputation of that nation
goods to the value of seven hundred dollars." '4 On the

21 Established by the French in 1735. Near the present Jones'
Bluff, Sumter County.

22 The population of the whole county of Washington, then ex-
tending from the Pearl to the Chattahoochee, was only 733 whites
and 517 negroes. The population of what is now Mobile and Bald-
win counties, then Spanish territory, was probably as large.
Brewer's Alabama, p. 26.

23 Bartram in 1777 speaks of meeting " A company of immigrants
from Georgia; a man, his wife, a young woman, several young
children and three stout young men, with about a dozen horses
loaded with their property." He was informed that they were
" to settle on the Alabama a few miles above the confluence of the
Tombigbee." These were among the earliest immigrants to Ala-
bama. Bartram's Travels, p. 441.

24 United States Statutes at Large, vol. vii, p. 65.

137] The Development of Highways. 19

17th of the following December a treaty was likewise se-
cured by the same commissioners granting the right to
continue this road through the lands of the Choctaws.
For this concession the Choctaws were paid " the value of
two thousand dollars in goods and merchandise, nett cost
of Philadelphia," 2! and " three sets of blacksmith's tools."
This road called the " Nashville to Natchez " road had
been the line of an old Indian trail,20 crossing the Ten-
nessee River at Muscle Shoals where the United States by
treaty of January 10, 1786, had obtained a grant of land
for a trading post.27 A treaty of November 14, 1805,
granted the United States " the right to a horse path
through the Creek Country from the Ocmulgee to the
Mobile — and to clear out the same and lay logs over the
creeks." The Indians were to provide boats at the several
rivers for conveyance of men and horses, and also houses
of entertainment for the accommodation of travelers; for
all. these accommodations the prices should be regulated
by " the present Agent, Colonel Hawkins,28 or by his suc-
cessor in office." By act of April 21, 1806, appropriations
were made for the opening of these two roads; six thous-
and dollars for the one from Nashville to Natchez, and six
thousand four hundred dollars for the one from frontier
of Georgia on the route to New Orleans to the intersection
with 31 ° of north latitude.29 Both were duly opened up

M Ibid., p. 66.

26 History of Tennessee, Phelan, pp. 171, 179, 277.

27 United States Statutes at Large, vol. vii, p. 24.

28 Colonel Benjamin Hawkins was appointed by President Jeffer-
son as_agent to the Creeks. He established what became known
as the " Old Agency " at the point where the trade route crossed
the Flint river. Around this settlement grew up the town Fran-
cisville, so called from Francis Bacon, who married the daughter
of Colonel Hawkins, and who infused new life into the little set-
tlement. After the completion of the railway from Columbus to
Macon the business of Francisville was absorbed by other points,
and the little town soon passed into oblivion. " Dead Towns of
Georgia," in vol. iv of " Collections of Georgia Historical Society,"
p. 241.

" United States Statutes at Large.

20 Internal Improvements in Alabama. [138

and the former long continued the post road into the Nat-
chez district, while the latter became the great thorough-
fare of early Alabama.

Fort Stoddard was a post which had been built in 1799s0
by the Federal Government as a port of entry just above
Ellicott's line (31 °) and this became the terminal point of
the Georgia-Alabama Road. From Fort Stoddard (the
site of the present Mt. Vernon) the road crossed Mim's
Ferry.31 Nannahubba Island and Hollinger's Ferry, then
following, in general, the ridge which divides the tribu-
taries of the Alabama from those of the Gulf (thus prac-
tically the line of the old trade route) to Columbus on the
Chattahoochee. With these small appropriations the
roads were merely blazed through the woods, though at
once honored with the dignified title of " Federal Roads.''

For the extension and improvement of these roads ap-
propriations were made, from time to time, as follows:32

For the Nashville-Natchez route;33

Act of April 21, 1806 $6,000

Act of April 27, 1816 5,000

Act of March 27, 1818 5.000

Act of March 3, 1823 7,020

For the Georgia- Alabama route;

Act of April 21, 1806 6,400

Act of February 17, 1809 5,000 3i

Act of April 27, 1816 5,000 35

30 Pickett, vol. ii, p. 179.

31 Established in 1797. Pickett, ii, p. 179; also Publications of
Alabama Historical Society, vol. ii, p. 167.

32 Statutes at Large.

33 This road was of more importance to Mississippi. Its influence
upon the settlement of the northwest portions of Alabama will,
however, warrant the above summary.

34 The President, empowered by an Act of March 3, 1807, had
obtained permission from Spain to continue the road from Fort
Stoddard to New Orleans. For this purpose the above appropria-
tion was made.

35 The importance of a better road, affording better military con-
nections with this section had been impressed on Congress by the
recent events in the southwest during the closing days of the War
of 1812. House Report 61, 13th Congress, 3rd session.

139] Ttw Development of Highways. 21

Act of March 27, 1818 $ 5,000

Act of April 14, 1820 3,300

Act of May 20, 1826 6,000

Act of February 20, 1833 j 2,0°°

J ' °° I 20,000
Act of July 7, 1838 1,945.50

The Act of February 20, 1833, authorized the opening of
a new post road through the Indian Country from Line
Creek in Alabama to the Chattahoochee opposite Colum-
bus. The three thousand dollars were to repair the old
road (which had become well-nigh impassable, especially
through the swampy lowlands during the winter season)
for use till the new one could be put through. The Presi-
dent was authorized to employ a superintendent, upon an
annual salary of a thousand dollars, who should supervise
the construction of this new road. " To close the accounts
for laying out and construction of this ' Mail Route ' and
to pay the ' balance due the contractor and workmen ' ':
the appropriation of July 7, 1838, was made. The new
road, called " The Upper Federal Road " was to the
north of the old route, was on higher ground, and was
generally used during the rainy season; the old road con-
tinued in use during open weather.

These amounts, together with three thousand dollars
appropriated36 " for the completion and improvement of the
military road " from Pensacola by Blakely to Mobile, and
one thousand one hundred and thirty-eight dollars for mil-
itary road from Pensacola to Fort Mitchell, opened in
1824, sum up the federal aid to road building in Alabama.

Lieutenant McLeary, in 1799, had opened a rough mil-
itary road from Natchez to St. Stephens when he marched
across to take charge of the latter place after the evacu-
ation of the Spaniards.37 At an early date a road was cut
from St. Stephens, crossing the Alabama at Claiborne, and

86 Act March 2, 1829. Statutes At Large.

37 Pickett, vol. xi, p. 179; Publications of Alabama Historical
Society, vol. xi, p. 166.

22 Internal Improvements in Alabama. [140

joining the Federal road to the east. A horse path had
been opened through the Chickasaw territory, intersecting
the Nashville-Natchez road at Colbert's Ferry (Muscle
Shoals);38 the road from Georgia had been extended from
Fort Stoddard to Natchez.39

In 1805 was obtained the right to a road from " Tellico
to Tombigbee " inasmuch as the " mail of the United
States from Knoxille to New Orleans " had been " ordered
to be carried through the Cherokee, Creek, and Choctaw
countries." 40 On this road the little village of Huntsville
began in 1806. It was known as the " Knoxville Road "
and was of much importance in the settlement of the north-
ern part of Alabama. Thus by 1810 the St. Stephens Dis-
trict was fairly well connected with the older states by
rough, pioneer roads and immigrants began to flock in
from all quarters. The principal immigrant route, how-
ever, was that from Georgia, through the Creek Country
to Fort Stoddard. Along this route came settlers from
Virginia, the Carolinas and Georgia; some on horse-back,
their effects on pack-saddles, and others used the rolling
hogshead.41

An idea of the difficulties under which immigrants
labored along these pioneer roads may be gathered from
descriptions in books of early travel. In 1810 Peggy Dow
gives us a description of her trip from the Natchez Coun-
try42 into Georgia. As she passed the last house of Natchez
and entered the " vast wilderness " she tells us " my
heart trembled at the thought of sleeping out in this place
with no companion but my husband." Coming to a place

88 Pickett, vol. xi, p. 234.

89 By Act of the Legislature of the Mississippi Territory. Ham-
ilton: Colonial Mobile. 348.

40 Treaty with Cherokees, October 27, 1805.

a Goods were packed in a hogshead, trunnions, or the equivalent,
put in the ends, and to them were attached shafts by which an ox
or horse would draw it along. P. J. Hamilton: Publication of the
Alabama Historical Society, vol. xi, p. 50.

42 Dow's Life and Works, pp. 221-223.

141] The Development of Highways. 23

where were found water and plenty of cane for the horses
they struck camp for the night, built a fire, ate a supper of
coffee and hard biscuit, then rested for the night on their
blankets, " the wide extended concave of Heaven be-
spangled with stars" affording a majestic scene; while
the " lonely desert uninhabited by any creature but wild
beasts and savages " made her feel very much alarmed.
Proceeding the next day forty miles they crossed the Pearl
in a ferry-boat and slept " in a house, such as it was, that
belonged to a half-breed." Passing by " Hell Hole, a
dreadful slough," they crossed a creek (probably Leaf
River) and becoming involved by the many little divisions
of the road secured the services of an Indian guide and late
at night reached the home of one Noles on the Chickasowha
River about " thirty miles from the settlement on the
Tombigbee." The next day, proceeding " through some
delightful country " they reached " the first house that was
inhabited by white people." The Tombigbee was crossed
by ferry-boat at St. Stephens, the Alabama was crossed at
a " ferry43 kept by a man who was a mixture," where they
stayed that night, and the next day they " struck the road
that had been cut out by the order of the President."

" This made it more pleasant for traveling " the author
continues, " and then we frequently met people removing
from the states to the Tombigbee and other parts of the
Mississippi Territory." Following as guide the " fresh
marked trees " they crossed Murder Creek, the Chatta-
hoochee " and reached Colonel Hawkins ' " where the
writer " felt grateful to the God of all grace for his tender
care over us while in this dreary part of the land where
our ears had been saluted by the hideous yells of the wolf,
and had been surrounded by the savages more wild and
fierce than they."

In 1818 Rev. John Owen moved with his family and
effects, by wagon, from near Norfolk in Virginia to Tus-

48 At Fort Claiborne.

24 Internal Improvements in Alabama. [142

caloosa, Alabama. Passing through Beauford's Gap of
the Alleghanies, down the Holston Valley, by Knoxville,
thence to the Tennessee River, crossing possibly at Nick-
ajack, by Jones' Valley (near Birmingham of our day) he
reached his destination after " nine weeks traveling, over
broken roads, and exposed to every danger." He thought
the roads in old Virginia were bad, but even his experience
tEere had not prepared him for the shocks and jostles to
be endured along the " infernal roads " of this new terri-
tory.'"

The Federal Road from Georgia to Alabama soon be-
came the continuation of the stage line which connected
Washington with the Southern States. In 1820 Adam
Hodgson, an Englishman, traveled along this line from
Washington to Mobile and in his " Letters from North
America " (London, 1824) gives us a good idea of those
days of westward movement. He left Washington on
January 20th, 1820, in the " Mail stage, a mere covered
wagon, open at the front " to which were attached four
horses. Passing through Richmond and Petersburg (Vir-
ginia), Raleigh, Fayetteville and Lumberton (North Caro-
lina), Georgetown and Charleston (South Carolina), he
reached Savannah, Georgia, the stage having made an av-
erage on the trip of three and three quarter miles per hour.

" This," he complains, " is wretchedly poor traveling
in the only public conveyance between Washington and
the Southern States, yet this vehicle is dignified by the
title of the ' United States Mail,' although it is only an
open wagon and four, with curtains which unfurl; and the
mail bags lie lumbering about your feet, among the trunks
and packages which the passengers smuggle into the
carriage " to obviate the danger of their falling off or being
stolen, all baggage usually being merely " thrown on be-

44 The Journal of Rev. John Owen, published by Thos. M. Owen
in the " Publications of the Southern History Association," April,
1897, vol. i, p. 89. Quoted in " Publications of the Alabama
Historical Society," vol. xi, p. 53.

143] The Development of Highways. 25

hind." From Savannah Hodgson passed up the river by-
boat to Augusta and from here proceeded to Mobile on
horseback. Milledgeville, then the Capital of Georgia, Fort
Hawkins on the Ocmulgee, the Indian Agency on the
Flint, Coseta on the Chattahoochee (modern Columbus),
Fort Bainbridge, Caleebe and Cubahatchee swamps, Line
Creek, Point Comfort, Pine Barren Springs, Fort Dale,
Murder Creek, Burnt Corn, and Blakely are all succes-
sively mentioned, some of which may be seen on the map
of Alabama to-day, and enable us to trace the route of
the old Federal road along which the early settlers moved
from Virginia, Georgia and the Carolinas into the Gulf
States.

" The road, though tolerable for horses," he thought
would be regarded in England as utterly impassable for
wheels. Lonely stretches undotted for forty or fifty miles
by a single house, often came into the experience of our
traveler, the occasional inns were rude in structure, fur-
nished in no very pretentious manner. As an example of the
hotel facilities to be enjoyed, Hodgson describes the inn at
Coweta as having only one bed room " with three beds such
as they were," a log building, with clay floor and no win-
dows. The proprietor of the inn, an adventurer from Pnil-
adelphia, arranged his prices so as to carry the conviction
that he was not in the business merely for amusement but
had come to exploit the necessities of the traveler.

To avoid wounding the feelings of the kind hearted hosts
and hostesses he would sleep in these rather crowded and
camp-like apartments when often he really envied his ser-
vant who had been compelled to seek his night's repose in
the hay loft.115

In January, 1835, Featherstonhaugh, another English
tourist, passed along the same route from Montgomery,
Alabama, to Richmond, Virginia. At Montgomery he
learned that the mail stages, owing to bad roads, were

45 A. Hodgson: Letters from North America. London (1824).

26 Internal Improvements in Alabama. [144

unable to run and mails were, therefore, sent on horse-
back. Unwilling to wait until late in the spring to secure
passage, " after a good deal of chaffering " he finally-
agreed to give sixty-five dollars, as hire, for a " miserable
vehickle and a pair of wretched horses " to conduct him to
Columbus, Georgia, a distance of ninety miles. The road
was found " quite answering to the description " wnich
had been given, " being so frightfully cut up as to render
it much more preferable to walk wherever the road was
sufficiently dry. The black fellow who drove seemed to
take it quite philosophically, observing nothing unusual
in the kind of rocking and bouncing motion " and seemed
to think the traveler not quite in his senses for preferring
to walk when he had paid so much for riding.

By the close of the first day's travel he was reconciled
to the liveryman's high charge of four shillings per mile,
for they were only able to make fourteen miles during
the day and he was persuaded that " such a performance
could not be gotten up for less money in any part of the
world." Almost unbroken lines of immigrants were daily
passed, bringing with them their negro slaves. The women
and children were drawn slowly along in heavy wagons
while the hardy and dusky men, on foot, trudged wearily
over the heavy road to their new and more southern
homes. A thousand slaves moving thus, on foot, would be
passed in a single day.48 The distance to Columbus, ninety
miles, was made only after four days of tedious travel.
The greater portion of the road thus traversed lay within
the lands yet occupied by the Creek Indians and over which
the state of Alabama, therefore, had no jurisdiction; from
the description given of this road we see that the appro-
priations from the Federal Government in 1833 and 1838
were made none too soon.

48 Featherstonhaugh: The Slave States.

145] The Development of Highways. 27

Stage and Express Lines.

From 1832 to 1838 the Indian tribes of Alabama were
being pushed to their more western homes and by 1839 the
last of these aboriginal tribes had passed beyond the Mis-
sissippi.47 We have already seen the tides of immigration
flowing in, anticipating the throwing open of these vacated
lands. The population had now become sufficiently dense,
and the travel and traffic sufficiently great, to justify the
conduct of three separate lines of stages along the old
Federal road from Columbus to Montgomery, the " Mail
Line," the " Telegraph Line " and the " People's Line." "

The coaches, usually built open for summer use, were,
during the winter, closed in with painted canvas, or oil
cloth, " but so loosely as to let in the cold air in every
part," and were made as heavy and strong as the union
of wood and iron could make them. These coaches
usually contained three seats, the middle often provided
with a broad leather strap to lean back upon and
which was generally reserved for the ladies. To this ve-
hicle two, four, or on the worst roads six horses would be
attached. The driver and team were changed at the suc-
cessive stages recurring at distances of from twelve to fif-
teen miles. The passengers, at the call of the driver,
would sway their bodies to right or left, and even lean far
out of the windows as the necessity arose, to keep in bal-
ance the coach as it was about to be upset. Delays at the
small post offices and occasional " break-downs " kept the
speed down to about four or five miles an hour. To
the complaints of the passengers the patient driver
would often reply that even the locomotive (which was
already beginning to threaten his future) could do no
better if put on these swamps and that the most that can
be said is " that each kind of vehicle runs fastest on its own
line of road." For these comforts and conveniences the

" Brewer: Alabama, pp. 50-54.
48 Buckingham: Slave States.

28 Internal Improvements in Alabama. [146

passengers usually paid a dollar for eight or ten miles with
no extra charge for delays, bumps, and occasional injuries.
The fare often varied, however, according to the sharpness
of rivalry between competing lines. For example, while
the " Mail Line " was the only one in operation the charge
from Macon to Columbus, Georgia, a distance of ninety
miles, was twenty dollars. A second line reduced it to
ten dollars. A third line followed and reduced it to five
dollars. The two former lines then reduced their rates
to one dollar. The latest company then carried their
passengers for nothing, while the hotels furnished them
with dinner and champagne at the expense of the coach
proprietors. The three lines soon tired of this " cut
throat " rate, and forming a " combine " adopted a uni-
form schedule of ten dollars per ninety miles.49

Along this old Federal Road was established the " Ex-
press Mail," a device for rapid transmission of news and of
market reports of sufficient importance to warrant the
extra expense in their conveyance between the different
towns and cities. The terminal points of this line were
New York and New Orleans. Between these two points
five hundred horses and two hundred boys, as riders,
were employed. Each boy rode a distance of twelve miles
out and twelve miles back. By thus placing a relay of
horses at each of these successive intervals an average
speed was maintained of about fourteen miles per hour.60

Both the expensive " Express Mail " and the stage-coach
system which had spread its network of lines throughout
the state were soon destined to succumb to the railroad,
which had already made its appearance in Alabama.61

48 Buckingham: Slave States, 1839.

60 Buckingham: Slave States.

61 The first railway laid in Alabama was completed in 1833.
irewer's Alabama, p. 98.

147] TJie Development of Highways. 29

Road System of Alabama.

By act of Congress approved May 10, 1798, the land
between the Chattahoochee and the Mississippi rivers and
lying between 31 ° and 32 ° 28' north latitude was created
into the Mississippi Territory. At an early date B2 the ter-
ritorial legislature enacted a road law. This system was
inherited by the territory, and later by the state, of Ala-
bama, and remains in vogue to-day, practically without
change.63

The Courts of County Commissioners have original
jurisdiction over the establishment, discontinuance, change,
and repair of roads, bridges, causeways and ferries within
the county. Four Commissioners, elected by the quali-
fied voters of the county every four years, with the Probate
Judge constitute the court. This court selects apportion-
ed for each election precinct and these apportioners divide
the roads within their precincts into sections designating
a certain number of hands and appointing an overseer for
each section. Not more than ten days labor may be re-
quired annually of every able-bodied man between the ages
of eighteen and forty-five, for keeping roads in repair,
and in some counties special acts allow this service to be
commuted in money. It is hardly necessary to state that
this system has not produced any earnestness of purpose
for the improvement of highways, and the economy of
good roads has been unappreciated and certainly has never
been realized in Alabama.

During the early years of the state many companies
were incorporated for the purpose of constructing turn-
pike roads. They were chartered for a limited number of
years (often twenty), toll-gates were authorized at inter-
vals of five miles, and the charges were fixed by the act
of incorporation. An estimate of tolls charged may be

52 Act of March 1, 1805. Turner's Digest of the laws of the
Mississippi Territory.
"Acts of Alabama Territory, 1818. Code Alabama, 1896.

30 Internal Improvements in Alabama. [148

gathered from an act of January 13, 1826, authorizing
W. H. Ragsdale and his associates to build a turnpike road
in Franklin County.

Rates were stipulated as follows : 55

Each loaded wagon and team $1.00

Each empty wagon and team 75

Each cart, wagon and team 50

Each pleasure four-wheel carriage 1.00

Each pleasure two-wheel carriage 50

Man and horse 12^

For each led horse o6j4

Cattle per head 04

Goats, sheep and hogs per head 01

" The Blakely and Greenville Turnpike Company " incor-
porated in 1824, was authorized to charge for every five
miles.56

For each pleasure four-wheel carriage $ -SO

Each horse or ox wagon 25

Man and horse 12^

Loose horses, cattle, hogs and sheep per head 02

By terms of this charter the Legislature was empowered
at any time it might see fit, to examine the books of the
company; the tolls received were never to exceed twenty-
five per cent (annually) on the capital actually invested,
nor should they fall below twelve and a half per cent of the
same. The County Courts were to supervise the repairs
of the roads, no tolls were to be allowed when the roads
were out of repair, and the tolls should be raised or lowered
as found necessary to keep the profits within the stated
limits. The mails, express messengers, troops of State
and Federal governments, all footmen, persons going to
and from public worship, laborers going to and from
their fields were usually exempted by the charters from
all tolls.

From 1847 to 1853 may be called the era of plank-road

55 Acts of Legislature, 1825-26.
58 Acts of Legislature, 1824.

149] TJie Development of Highways. 31

building in Alabama. Twenty-four companies, for ex-
ample, were incorporated by the Legislature during the
session 1849-50 for the purpose of constructing plank-
roads.87 Some of these projected plans were put into ex-
ecution,68 but the same session of the Legislature incorpor-
ated several new railroad companies thus indicating that
the active railroad spirit was already present before which
the impulse to plank-road building was soon to decline, in
fact to disappear.

The people of Alabama during the thirties and forties,
manifested a spirit of nervousness, feeling that they were
being outstripped by the sister states, many of whom were
lending substantial aid to works of internal improvement.
Pressure was, therefore, repeatedly brought to bear upon
Legislature and Governors to induce them to embark in
a policy of state aid to river and canal improvements, turn-
pike and plank-road building.

That this enthusiastic spirit was held in check is due
largely to the fact that the state was in great financial
straights, resulting from the failure of the Bank of Ala-
bama. An approximate loss of seven million dollars was
entailed upon the state by the collapse of this institution,
all of the debts of the Bank having been assumed by the
state.68 In Alabama during the decade 1845-55 a high rate
of taxation was necessary to meet the interest on the pub-
lic debt. A depleted State Treasury, a high tax rate and
the permanent impression that the state, judged either as
to efficiency or integrity, was not the best manager and
promoter of financial enterprises, — all served as influences

67 Acts of the Legislature, 1849-50.

'"s Governor Collier's Message, November, 1851.

59 Alabama's State Bank: Article by J. H. Fitts in Bankers' Law
Journal for June, 1895. Brewer: Alabama, p. 53. Messages of
Governors, December 3, 1838, and December 16, 1845. J. L. M.
Curry: Tract on " Hon. Francis M. Lyon as Commissioner and
Trustee of Alabama." Garrett's Reminiscences, pp. 43, 63, 212, 217,
255, 258, 267, 275, 278, 670.

32 Internal Improvements in Alabama. [150

to discourage the policy of public aid throughout the entire
period ending with the Civil War.

State aid to internal improvements was thus regarded
as infeasible in Alabama during the very period when other
states were most active in such work. Only small appro-
priations and loans were made to plank-road companies
from the " two and three per cent funds " and these will
be discussed at a later point.

In recent years several counties of Alabama have been
empowered by the Legislature to issue bonds for the im-
provement of roads, and powers of taxation granted by
which these bonds are to be retired. In other counties
power has been granted of assessing a road-tax, which
must be paid out of the general levy. The counties of
Montgomery, Jefferson, Madison, Colbert, and Lauderdale
many miles of macadam road have thus been built and the
manifest advantages bid fair to increase the spirit and fur-
ther the work of improvement.

CHAPTER II

RIVER AND HARBOR IMPROVEMENT

State Aid

Alabama ranks among the first states of the Union in
the number, extent, and value of her magnificent water
lines. Every section, and nearly every county, of the state
is watered, and afforded commercial facilities by some one
or more of its navigable rivers. Professor Tuomey, the
first State Geologist of Alabama, said in one of his reports:
" There is scarcely an extensive and really valuable agri-
cultural tract in the State that has not its navigable stream."
This region is traversed by two great systems of waterways,
(i) the Tennessee with its tributaries, connecting North
Alabama with the Mississippi; and (2) that group of rivers
which drain much the largest part of Alabama together
with considerable portions of Georgia and Mississippi also,
and find a common outlet into the Gulf of Mexico through
the waters of the Mobile Bay.

This latter system, converging at Mobile, spreading out,
fan-shaped over magnificent timber regions, over fertile
agricultural districts, and reaching into the center of the
inexhaustible coal and iron deposits of North Alabama,
affords a field for improvement the merits of which are
probably unsurpassed by any water system within the
United States. The improvements which have been made
upon these waters have been due almost exclusively to
the Federal Government, the state of Alabama having
done practically nothing along this line. Rivalries be-
tween the different sections of the state caused hitches in
legislation which for a long time prevented application
even of the three and two per cent funds to the purpose
3

34 Internal Improvements in Alabama. [152

for which they were set apart by Congress. In the early
days of settlement no adequate system of revenue existed,
the citizens were heavily burdened to meet the maturing
payments for public lands which they had purchased. The
population, too, was more or less shifting, and the spirit
of internal improvements, so prominent in other states,
was not so enthusiastically felt in Alabama. The impor-
tance of improving the rivers was realized, no doubt, but
the movement was held in check by the drain on the cur-
rency for public lands and later by the financial convulsions
and heavy taxation resulting from the disastrous banking
scheme in which the state so early embarked. The Con-
stitution under which the state was admitted to the Union
provided for obtaining " accurate knowledge of such
objects as may be proper for improvement and for making
a systematic and economical application of means appro-
priated to them." 1 Governor Bibb, in his message of Oc-
tober 26, 1819,2 recommended " the appointment of a
skilled engineer, whose duties it shall be to examine the
rivers within our limits with reference to the expediency
and expense of improving navigation of each, and also the
nearest and most eligible approach which can be made
between the waters of the Tennessee and Mobile rivers."
The Legislature, accordingly authorized the examina-
tion, under the supervision of the executive, of some of the
most conspicuous points of improvement. A competent
engineer was employed and some examinations were made
but no improvements materialized. In 1821, Governor
Pickens recommended the establishment of a permanent
board of internal improvements, and suggested that such a
board could act without friction from sectional rivalry and
would be free from " hauling " influences. He again em-
phasized the necessity of a canal by which the Tennessee
and the Alabama rivers were to be connected.3 This canal

1 Constitution of 1819, Article vi, Section 21.

2 House Journal, 1819-20.

3 Message of Governor Pickens: House Journal, Nov. 9, 1821.

153] River and Harbor Improvement. 35

project was a plan long cherished by the people of Alabama
as a means of more closely uniting the northern and
southern sections of the state. The mountain barriers
which separated the Tennessee Valley region from the
more southern portions of the state prevented that full
unity of interest and harmony in feeling which are so
essential to the life of a government, and in the formation
of which close commercial relations are so potent. Com-
mercially, North Alabama was more closely connected with
Louisiana than with South Alabama. Their products were
shipped down the Tennessee, Ohio and Mississippi rivers
to New Orleans a distance of 1500 miles, and from the
latter point the greater portion of their supplies was pur-
chased. On account of the shoals in the Tennessee River
even this means of transportation was blocked for a
great part of the year, and markets had to be sought at
Savannah, Augusta or Charleston. The approximate dis-
tance from the Tennessee Valley section to these three
points was six hundred miles. From fifty to one hundred
and fifty miles of this route had to be covered by wag-
ons for at least one-half of the year.4 This inconven-
ient and expensive method of transportation for many
years proved a heavy incubus to the industrial develop-
ment of the North-Alabama section. Emphasizing the
importance of this canal scheme, Governor Gayle, in
his message of 1834, stated that such a canal, uniting the
Tennessee and the Alabama systems would carry to Mobile
annually 150,000 bales of cotton "which go now to other
states by dangerous and expensive routes." Not only was
Mobile, the emporium of the state, being deprived of that
share of the state's traffic to which she was actually en-
titled, but heavy losses were being sustained also by the
citizens of North Alabama on account of the lack of trans-
portation facilities. For example in 1833 cotton was worth

4 Speech of Hon. R. W. Cobb in House of Representatives, Cong.
Globe, vol. xxiii, Appendix, p. 157.

36 Internal Improvements in Alabama. [154

in New Orleans and Mobile fifteen cents per pound, but
before the high water season had come, thus admitting of
the navigation of the Tennessee River through the shoal
portions, cotton had fallen to ten cents per pound. Before
the farmers of this region could get an outlet their cotton
had seen a decline of five cents per pound. During this
year alone it is estimated that the loss thus entailed upon
the Tennessee Valley counties was not less than $2,265,-
ooo.6 Not only was it difficult to find an outlet for cotton,
but markets for provisions and general supplies were often
inaccessible. These facts created the necessity for self
sustaining farms, tended to prevent exclusive cotton cul-
ture in North Alabama, resulted in a more diversified sys-
tem of crops demanding smaller holdings of land and a
smaller number of slaves than were found in the more
southern portions of the state. As the result of these con-
ditions the two sections were somewhat divided in senti-
ments respecting slavery. This lack of harmony of inter-
est and feeling continued till the beginning of the Civil
War, and came near rending the state asunder on the ques-
tion of secession. For quite awhile the Tennessee Valley
counties were projecting the formation of another state,
" Nickajack," which should remain with the Union. The
fate of Virginia, however, was averted by the rapidity of
invasion which caused the two sections to present a united
front.

That " geographical and sectional names might be anni-
hilated " that the state might become really " one people,"
" identified in interests, assimilated in character and har-
monized in feelings" 6 was then, one of the strong reasons
which prompted the efforts to connect North and South
Alabama by some line of transportation. There were pro-
jected two plans by which this might be accomplished.
Both involved the cutting: of a canal between the two rivers.

Message of Governor Gayle, November 18, 1834.
Message of Governor Clay, 1835.

loo] River and Harbor Improvement. 37

One of these, known as the " Tennessee and Tombigbee
Canal," was to run from Fort Deposit on the Tennessee
River to Tuscaloosa on the Black Warrior River.7 Owing
to the length of this proposed route and the expense which
would be involved the feasibility of this plan was more
visionary than real. Another and doubtless more feasible
route for a canal to unite the two river systems was the
" Hiwassee and Coosa Canal," and was to extend from a
point on the Okou, a navigable branch of the Hiwassee,
to a point on the Conesaugo, a navigable branch of the
Coosa, near the Georgia and Tennessee line, where these
waters approach each other to within about twelve miles.8
At a meeting held in Cahaba, Alabama, on May 20, 1823,
this project was recommended as a means of laying open
a passage for boats from the headwaters of the Tennessee
River, in Virginia, through the Coosa and Alabama Rivers,
to Mobile and the Gulf of Mexico. It was thought that
by such a canal the trade from the eastern part of Tennes-
see, the western portions of Virginia and North Carolina
and from the northwestern sections of Georgia that enor-
mous district drained by the tributaries of the Tennessee
and the Coosa rivers would all be drawn to Mobile.9 The
Governor of Alabama in the following November recom-
mended to the Legislature that a corporation be encour-
aged to carry out the proposed plan, showing that finan-
cial conditions would not authorize the state to embark in
any pronounced work of improvement at that time. The
Legislature passed an act 10 incorporating the " Coosa
Navigation Company," naming nine towns particularly,
and appointing for each town three superintendents who
should open books for subscription on the first Monday in
June, 1824. The plan met the approval of the Federal

7 A connected view of the whole Internal Navigation of the
United States (1830), p. 377.

8 Internal Navigation of the United States (1830), p. 389.
* Message of Governor S. B. Moore, November, 1831.

10 Approved December 30, 1823.

38 Internal Improvements in Alabama. [156

Government, but it seems that the people were not so en-
thusiastic over the plan as were the authorities; at any
rate the capital was not raised and no canal resulted.

A later act incorporating the " Alabama and Tennessee
Canal Company " u met with the same fate. Both com-
panies were still-born. In 1828 this project was examined
under the auspices of the United States Government, a
route was levelled and surveyed for the proposed com-
munication which should pass through the most favorable
depression of the ridge which divided the two tributary
valleys, and which should have as terminal points Hilte-
brand's boat-yard on the Okou and McNair's boat-yard
on the Conesaugo, a length of twelve miles. The plan
was pronounced feasible, but promised to be very expen-
sive on account of the requisite deep cutting at the sum-
mit level, together with other local difficulties which would
have to be overcome.12 This plan, when completed, was
to form but a part of that greater system known as the
" Southern Route " which was to connect the whole of the
Tennessee Valley with the Atlantic seaboard. This canal,
connecting the Tennessee and the Coosa, together with
another canal joining the Etowah with the Ocmulgee
would complete the line by which, after improvements of
various river channels, it was hoped to obtain continuous
navigation during at least eight months of the year from
the Mississippi River to the Atlantic Ocean. The Ohio,
Tennessee, the Etowah, the Ocmulgee and Altamaha, to-
gether with the canals which supplied the missing links
were to constitute this Southern system of navigation, a
plan more beautiful in theory than easy in practice, and
destined to pass into oblivion as a dead scheme before the
absorbing interest which was soon to be awakened in
railroad building.13

11 Approved January 11, 1827.

"Internal Navigation of the United States, p. 391.
18 Internal Navigation of the United States (Edition 1830), pp.
390-92; Report of Major Mahan, Corps of Engineers, 1894. "

157] River and Harbor Improvement. 39

The Tennessee-Coosa Canal, however, is still periodic-
ally mentioned and discussed as a future possibility.
Major McFarland, reporting to the chief of engineers in
1872, asserted the feasibility of a canal from Gadsden, on
the Coosa, to Guntersville, on the Tennessee, a distance
of thirty-five miles. He estimated that it would require
$11,570,607 to execute the project. This plan, together
with the improvement of the Coosa, would empty into the
Bay of Mobile by an easy and cheap water route, the agri-
cultural and mineral wealth of immense stretches of coun-
try now shut out from the sea except by costly railroad
transit or by the three thousand miles of water route
through the Tennessee and Mississippi. It would open to
its natural and nearest seaport one-fifth of the state of
Alabama, a large section of North Georgia and the whole
sweep of the Upper Tennessee with its score of important
tributaries.14 Toward this important object the state of
Alabama has contributed nothing and the Federal Govern-
ment has never been induced to make appropriations for
its execution. The Legislature, by Act of January 15,
1830, organized a body known as the " President and
Directors of the Board of Internal Improvements." 15
This Board was to consist of six commissioners, to be
elected biennially by a joint vote of the two houses of the
Legislature. To avoid discriminations as to sections the
act stipulated that these commissioners should be chosen
one from the section below the junction of the Tombigbee
and Alabama rivers; one from section below junction of
Coosa and Tallapoosa rivers; one from the section below
junction of Tombigbee and Black Warrior rivers; one
from the section above the junction of the two last named
rivers; one from section between the Coosa and Cahaba
rivers; one from the Tennessee Valley section.

The Governor was made ex-officio president of the

14 Report of Captain Price to Chief of Engineers July. 1890.

15 Acts of Alabama, 1829-30.

40 Internal Improvements in Alabama. [158

Board. The members of the Board were to receive the
same per diem and mileage as were paid to members of
the Legislature. In them was vested the contracting for,
and superintendence over, such works of internal improve-
ment as might be directed by the Legislature. A report
of progress and expenditures, together with recommenda-
tions for further work, should be made annually to the
same authority. It was declared by the act that all
expenditures should be paid from the " three per cent
fund," and that this fund should be held by the State Bank
subject to the drafts of the " President and Directors " of
the Board. This act, bearing upon its face the impres-
sion that it would result in some positive efforts toward
improved navigation, accomplished no material results,
the scheme passed off as vapor, and the act was repealed
by the Legislature on January 21, 1832. In 1839 the Gov-
ernor in his message to the Legislature said of the state's
policy toward internal improvements: " If it should be
said that we are behind other states in this respect, it may
be replied that if we are destitute of those ready and agree-
able means of communication which abound and greatly
facilitate traveling and transportation in some of the
states, we are at least free from the weight of those mon-
umental debts that have been contracted to carry on their
works of internal improvement." He expressed a strong
" preference for the opening and improving the naviga-
tion of rivers over every other description of internal im-
provement," and still adhered to the old " determination
of effecting some permanent connection between the
waters of the Mobile Bay and the Tennessee River," add-
ing, however, that " circumstances seem to forbid our en-
gaging in it at present." 16 At the beginning of the ses-
sion of 1840-41 a committee was appointed on inland navi-
gation, and a resolution was adopted instructing the
committee to " inquire into the propriety and expediency

16 Message of Governor Bagby, December, 1839.

159] River and Harbor Improvement. 41

of appropriating the whole of the three per cent fund to
the completion of the Selma and Tennessee Railroad; or
of some other mode of appropriating said fund so as more
closely to indentify the Northern and Southern parts of
our state." After some deliberation the committee re-
ported back that it was inexpedient to legislate on the
subject. The House refused to concur and the resolution
was recommitted. On January 5, 1841, the committee
made their report in which were discussed, pro and con,
the various suggested methods or projects by which North
and South Alabama should be connected." For the ac-
complishment of this end the committee pronounced a
macadamized road as infeasible. For such a road the
proper rock is not obtainable, and, even if constructed,
" would not divert the commerce of the North from its
now accustomed channel." The most practicable method,
the committee declare, would be to connect the Tennessee
with the Coosa by a railroad, of not more than twelve
miles in length, to extend from the Hiwassee to the Con-
esauga Creek. Owing to the embarrassed condition of
the state's finance they " repeat the expression that it is
now inexpedient to legislate on the subjects," and ask to
be discharged. This report shows that from the three
per cent fund had been expended the following amounts:

December 19, 1837, for improving the Coosa $30,000

December 19, 1837, for improving the Tombigbee 25,000

February 1, 1839, for improving the Coosa 30,000

February 1, 1839, for improving the Paint Rock 10,000

February 2, 1839, for improving the Choctawhatchee 10,000

February 2, 1839, for improving the Elk 10,000

February 7, 1839, for improving the Black Warrior 20,000

Total $135,000

These amounts were, by far, too small for the accom-
plishment of the purposes to which they were appropri-
ated, and no permanent improvements resulted. The
" three per cent fund," including interest which has ac-

17 House Journal, 1840-41.

42 Internal Improvements in Alabama. [160

crued while invested in the State Bank, then amounted to
$545,737.53. Deducting from this the above $135,000
leaves an unexpended balance of $410,737.53. The state
being involved, no further appropriations were made for
improving navigation facilities, and at a later date the fund
was expended as subsidies to railroad companies.

Improvements by the Federal Government.

For the purposes of improvement by the Federal Gov-
ernment the rivers of Alabama fall into three divisions:
(1) the Northern system (consisting of the Tennessee and
its tributaries), which is now in charge of Captain King-
man, Corps of Engineers, with headquarters at Chatta-
nooga; (2) the rivers which drain the more eastern portion
of the state, now in charge of Captain Flagler, Corps of
Engineers, with headquarters at Montgomery: in this
system are comprised the Alabama (with its tributaries,
the Cahaba, the Coosa and the Tallapoosa), the Chatta-
hoochee, the Choctawhatchee and the Conecuh; (3) the
Mobile Bay, Harbor and River with the Tombigbee and
Warrior: this system drains the western and north-central
portions of the state and is now in charge of Major Ros-
sell, Corps of Engineers, with headquarters at Mobile.

In discussing the efforts which have been made to im-
prove the navigation on these streams we will treat each
separately, beginning with

(1) The Tennessee. — This stream receives its water
from Virginia, North Carolina, Georgia, Tennessee, Ala-
bama, Mississippi and Kentucky, seven different states.
The total area drained by it is forty-four thousand square
miles, an area almost equal to that of England. This
river, with the navigable portion of its tributaries, gives
a system of water transportation of thirteen hundred and
eighty-two miles navigable by steamboats plus ten hun-
dred and fifty-three miles navigable by rafts and flat-

161] River and Harbor Improvement. 43

boats, making, in all, a system of internal water ways of
twenty-four hundred and thirty-five miles.13

Less than five hundred and fifty miles of this extent
have ever been surveyed and no project has been formed
for the system as a whole, but the improvements have
been limited to the main trunk with three or four of its
tributaries. This river enters the state of Alabama in the
extreme northeast corner, flows southwestwardly to Gun-
tersville, a distance of seventy-four miles; thence north-
westwardly to Waterloo, in the extreme northwest corner
of the state, a distance of one hundred and thirty-three
miles, from which point it forms a part of the boundary
between Alabama and Mississippi before re-entering the
state of Tennessee. The chief obstruction to the naviga-
tion of this river is the barrier between Brown's Ferry and
Florence and known as the Muscle Shoals. Here Elk
River Shoals, Big Muscle Shoals, and Little Muscle Shoals
present a series of obstructions extending, with interven-
ing pools of deep water, a distance of thirty-eight and a
half miles, and until recently prevented navigation during
a great part of the year between hundreds of miles of navi-
gable waters above and over two hundred and fifty miles
of open river below. We have already noted 19 the incon-
venience and losses which were entailed upon the North
Alabama people by these obstructions. In the counties of
Madison, Morgan, Limestone, Lawrence, Franklin, and
Lauderdale thousands of acres of land had been relin-
quished by purchasers of public lands who were unable to
meet the maturing payments. By law approved May 23,
1828, Congress granted20 to the state four hundred thous-
and acres of these " relinquished lands," the proceeds to
" be applied to the improvement of navigation of the
Muscle Shoals and Colbert's Shoals in the Tennessee

18 Report of Captain Kingman, 1896.

19 Page 63.

20 In accord with a Memorial from the Legislature of Alabama
(January 15, 1828) asking such a donation.

4A Internal Improvements in Alabama. [162

River and such other parts of said river within said state
as the Legislature thereof may direct." 21 If there were not
found four hundred thousand acres of relinquished land in
the counties named above the deficiency was to be sup-
plied from any unappropriated lands in Jackson County.
Thus these lands lay in seven counties of the state. The
act provided also that the improvements should be made
according to the plan recommended by the United States
engineers who should be appointed to survey and report
a plan. The Legislature of the state created " " the
Board of Tennessee Canal Commissioners," consisting of
five men, in whom was vested the power to make con-
tracts for the execution of plans recommended by the
engineers. The proceeds from the lands aggregated $i,-
400,ooo.28 In 183 1 work was begun under the auspices
of this board, and a canal was cut around Big Muscle
Shoals fourteen and a quarter miles long, sixty feet wide
and six feet deep. By 1836 the canal had been completed,
and was thrown open for navigation, but continued in use
for about one year only. Too little attention had been
given to its terminal approaches and boats could enter the
canal only at certain stages of the water. The following
year the canal was closed for want of funds. Being thus
abandoned the canal fell gradually into ruin till work
was resumed by the Federal Government about forty
years later.

Since 1868 appropriations have been regularly made
for the improvement of the Tennessee in each river and
harbor act. The appropriations divide the river into two
sections, Chattanooga being the dividing point.

(1) That portion of the river above Chattanooga is used
principally for rafting lumber and logs, though it is also
plied by flat-boats and steamboats of light draft. In 1832
the state of Tennessee undertook the improvement of
certain points above Chattanooga; the work, however,

21 United States Statutes at Large, vol. iv, p. 290.

22 By Act approved January 15, 1830.

23 Memorial from Legislature to Congress, December 23, 1868.

163] River and Harbor Improvement. 45

did not prove of any lasting value. The plan adopted by
the Federal Government has been to obtain a three-foot
low water navigable channel between Chattanooga and
the French Broad by excavating rock and gravel, by re-
moving boulders, and by the construction of wing dams.
For this purpose appropriations have been made between
April 10, 1869, and March 3, 1899, aggregating $39i,ooo.24
The expenditures have resulted in giving a lengthened
season of navigation and improving the channel at many
of the places of obstruction.25

(2) For the improvement of the Tennessee below Chat-
tanooga the following appropriations have been made:

March 2, 1827 $ 200.00 (survey)

May 23, 1828 1,400,000.00 (400,000 acres land)

August 30, 1852 50,000.00

June 9, i860 1,350.00

June 12, i860 1,406.94

July 25, 1868 85,000.00

April 10, 1869 5,095.00

July 11, 1870 80,000.00

June 10, 1872 50,000.00

March 3, 1873 100,000.00

June 23, 1874 100,000.00

March 3, 1875 360,000.00

August 14, 1876 255,000.00

June 18, 1878 300,000.00

March 3, 1879 210,000.00

June 14, 1880 300,000.00

March 3, 1881 250,000.00

August 2, 1882 250,000.00

August 7, 1882 3,970.18

July 5, 1884 350,000.00

August 5, 1886 262,500.00

August 1 1, 1888 250,000.00

Sept. 19, 1890 475,000.00

March 17, 1891 3.91 (transfer settlement)

July 13, 1892 500,000.00

August 17, 1894 400,000.00

June 3, 1896 50,000.00

March 3, 1899 235,000.00

Total $6,324,526.03

24 Reports of Engineers; and United States Statutes at Large.
26 Report of Captain Kingman, July 18, 1896, and Statutes at
Large.

46 Internal Improvements in Alabama. [164

In 1867 an examination was made of this part of the
river (from Chattanooga, Tennessee, to Paducah, Ken-
tucky). Upon this survey the present project was de-
cided upon, though subject to subsequent modifications.
It was determined that attention should first be directed
to Muscle Shoals, as navigation here was effectually
closed, and the river would be practically useless unless
this barrier be overcome. Consequently the greater part
of the above appropriations has been expended on this
section of the river.

From Chattanooga to Decatur, a distance of one hundred
and forty-five miles, occur a number of reefs and bars
which tend to obstruct navigation. The approved project
for this section " is to remove obstructions so as to obtain
a depth of at least three feet at low water " by blasting,
dredging, and by removing boulders, snags and gravel.
The work done in pursuance of this plan has rendered up-
stream navigation easier, and the dangers of down-stream
navigation have been materially remedied, though the dif-
ficulties are not yet entirely overcome.

From Decatur to Florence. — The object of the improve-
ment on this section of the river is to obtain continuous
navigation around the three sets of shoals which obstruct
the greater part of the distance of forty-eight miles be-
tween these two points. The approved project, based on
the survey made in 1872 and modified in 1877, is : (1) to
enlarge, rebuild and straighten the old canal around Big
Muscle Shoals (built in 1831-36, and which had been aban-
doned in 1837) so as to give a canal fourteen and a half
miles long, with nine locks having a total lift of eighty-five
feet, the canal to be six feet deep and seventy to one hun-
dred and twenty feet wide at the water surface. (2) To
construct at Elk River Shoals a canal one and a half miles
long, with two locks with a total lift of about twenty feet.
(3) To blast at Little Muscle Shoals a channel through
the bed-rock of the river and to construct stone wing
dams and retaining walls to contract the waterway; to

165] River and Harbor Improvement. 47

construct a lateral canal fifteen thousand feet long with
a guard lock at the head and a lock at the foot having a
lift of twelve feet. Up to June 30, 1895, there had been
expended on these works $3,191,726.50 in addition to the
original land donation of 1828. Owing to the fact that
appropriations have not been adequate for rapid and con-
tinuous work, progress has been somewhat slow. How-
ever, Big Muscle and Elk River Shoals have been rendered
navigable at all seasons of the year, the channel at Little
Muscle Shoals has been much improved and work is still
in progress.

From Florence to the foot of Bee Tree Shoals (30 miles). —
The obstructions here found are the Bee Tree and Colbert
Shoals which begin about twenty-two miles below Florence
and extend a distance of eight miles with a total fall of
twenty-five feet at low water, at which stage the available
depth is about one and a half feet. To June 30, 1890, for
surveys, excavations, removal of rock from the channel and
construction of dams only $62,243.41 had been spent on
this section of the river. In this year a new project was
adopted which, as modified in 1891 and 1892, contemplates
the construction of a canal 7.8 miles long, one hundred
and fifty feet wide with a depth of seven feet. A guard
lock is to protect the upper end of the canal and at the
lower end a lock of twenty-five feet lift is to be con-
structed. Under this project, to June 30, 1895, had been
expended $149,735.42 and work is still in progress under
an appropriation (made by Act of Congress March 3,
1899) of $100,000 toward this item.

From the foot of Bee Tree Shoals to Paducah, Kentucky. —
Along this section of the river comparatively little has
been expended owing to the attention attracted to the
more serious obstructions above. To August 17, 1894,
only $62,043.32 had been allowed (from the general ap-
propriation) for the improvement on this section. To this
add $200,000 appropriated by acts of August 17, 1894, and
March 3, 1899, gives a total of $262,043.32 expended below

48 Internal Improvements in Alabama. [166

the foot of Bee Tree Shoals. Snagging, making surveys,
and improving Livingston Point (which with two small
islands below it forms the harbor of Paducah) constitute
the work done here. This portion of the river, being
below most of the large tributaries, affords the best navi-
gation of the whole stream, and three-fifths of the entire
business of the river and its tributaries is done on this
division.

The river is not yet navigable for the entire year, but
the success of the improvements already made warrant the
assertion that the main trunk of the river can be rendered
so, and the navigable season can be greatly lengthened
on all the tributaries.28

(2) The Chattahoochee. — This river rises in the ex-
treme northern part of Georgia, flows southwestwardly
until at West Point it strikes the boundary line between
Alabama and Georgia; thence it flows nearly due south,
forming the boundary line between these two states, and
further on in its course between Georgia and Florida until
it joins the Flint, forming thus the Apalachicola. The
Chattahoochee does not become navigable till it reaches
Columbus, about two hundred and twenty-five miles above
its junction with the Flint. Between these two points the
plan of improvement (adopted in 1873 and still in force) is
to get and maintain a channel four feet deep and one hun-
dred feet wide. For this purpose $377,000 have been ap-
propriated and expended, beginning with the first appro-
priation of $2000 (February 24, 1835) and including the
last appropriation of $50,000 (March 3, 1899).27

(3) The Tallapoosa. — Under an act of Congress ap-
proved June 14, 1880, an examination and partial survey
of this river was made which resulted in a project for im-
provement designed to obtain a navigable channel from

28 Reports of Major Kingman in Annual Reports of the Chief of
Engineers, War Department.

27 Reports of Major Mahan, July 13, 1896; and of Major Mahan
and Captain Flagler, September 28, 1899.

167] River and Harbor Improvement. 49

its junction with Coosa River to the foot of Tallassee
Reefs, a distance of forty-eight miles. The work done
consisted in the removal of logs and snags, deepening
shoals and cutting overhanging timbers. For this pur-
pose appropriations have been made aggregating $44,000
between August 2, 1882, and September 19, iSox).^ The
Tallapoosa flows through rich cotton lands, largely culti-
vated, with many thousands of acres of arable and well
timbered uplands adjacent. The falls of Tallapoosa fur-
nish magnificent water power which is partly utilized by
cotton-mill industries. The river, however, is not sus-
ceptible of permanent improvement, and Captain Price in
his report of July 10, 1893, states that no commercial use
is made of the improved channel. Pursuant to his recom-
mendations no further appropriations have been made for
this river and work has been therefore suspended.28

(4) The Choctawhatchee. — The commerce of this
stream is mainly cotton, saw-logs, timber and lumber.
That part of the river considered for improvement is that
from its mouth to Newton, Alabama, a length of 162 miles.
The most of the commerce of this stream is done between
Geneva, Alabama, and Caryville, Florida. Below the latter
place the Choctawhatchee runs through a sparsely settled
country where the business is almost exclusively that of
cutting and rafting timber.

The project for improvement as adopted in 1880, and
amended in 1890, provides for the securing of a channel
navigable in low water from the mouth of the river to
Newton, Alabama. Appropriations for this river began
as early as March 3, 1833. From that date other amounts
have followed from time to time, making a total of $162,000
up to, and including, the appropriation of March 3, 1899.80

Report of Captain Black for Fiscal Year, ending June 30, 1890.
Report of Captain Price, July 10, 1893.
By Act February 2, 1839.
4

50 Internal Improvements in Alabama. [168

To this amount must be added the $10,000 appropriated
by the State Legislature from the three per cent fund.31

(5) The Coosa. — This river is formed by the junction
of the Oostenaula and the Etowah. The Etowah is not
navigable. The Oostenaula and its tributary, the Coosa-
wattee, are navigable the year round for light draft boats
from Rome, Georgia, at the junction of the Oostenaula
and Etowah, to Carter's Landing, Georgia, on the Coosa-
wattee, a distance of 105 miles. There would be a con-
tinuous water route of transportation from Carter's Land-
ing, Georgia, to Mobile, Alabama, were it not for the
shoals and rapids on the Coosa River distributed over a
distance of 137 miles in Alabama between Greensport and
Wetumpka. This reach, covering 776 miles, would thus
include the Coosawattee, the Oostenaula, the Coosa, the
Alabama and the Mobile rivers.32 Realizing the import-
ance of this route to the commercial and industrial life of
the state the Legislature of Alabama in 1823 passed an
act looking forward to the improvement of Coosa River.*8
The plan was, however, to be executed by private capital.
The project was approved by Congress in 1824 and four
years later Congress enacted that any surplus from the
grant (400,000 acres of land) for the improvement of the
Tennessee River should be applied to the improvement
of the Coosa, Cahaba and Black rivers. No private capi-
tal was subscribed to the Coosa Navigation Company, "nor
was there any surplus from the Tennessee land grant,"
so the whole scheme was abortive. Other efforts were
made by the state in 1837, an^ m x839, when in each year
$30,000 were appropriated from the " three per cent fund "
for improving the Coosa.34 With these small amounts,

31 Reports of Major Marian, 1897; and of Major Mahan and Cap-
tain Flagler, 1899; also Statutes at Large, vol. xxx.

32 Report of Major Mahan, 1894.

33 Acts of Alabama: "Coosa Navigation Company," incorporated
by Act, December 30, 1823.

34 Acts of Alabama, 1837 and 1839.

169] River and Harbor Improvement. 51

however, no permanent work resulted. In 1876 the work
of improvement began by the Federal Government. The
river is divided into two sections: (1) that lying between
Rome and the East Tennessee, Virginia and Georgia Rail-
road Bridge and (2) that lying between this bridge and
Wetumpka. On the first of these divisions the plan pro-
vided for eight locks and dams at the points of greater
obstruction and for works of contraction and channel ex-
cavation for points less troublesome. It is on the second
of these sections that the most serious difficulties are en-
countered. Here a series of twenty-three locks and dams
must be constructed, and the accomplishment of this end
is the present plan. Appropriations from the Government
have been as follows : 3B

From Rome to E. T. V. & G. R. R. Bridge:

August 14, 1876 $ 30,000.00

June 18, 1878 75,000.00

March 3, 1879 45,000.00

June 14, 1880 75,000.00

March 5, 1881 60,000.00

August 2, 1882 83,700.00

July 5, 1884 50,000.00

August 5, 1886 45,000.00

August 11, 1888 60,000.00

September 19, 1890 150,000.00

July 13, 1892 130,000.00

August 18, 1894 1 10,000.00

June 3, 1899 20,000.00

Total $983,700.00

From Bridge to Wetumpka:

September 19, 1890 $150,000.00

July 13, 1892 100,000.00

August 18, 1894 1 10,000.00

June 3, 1896 50,000.00

Total $410,000.00

Work was not begun on the lower of these two sections
until after 1890, for in this year the first appropriation was

35 Reports of Engineers and Statutes at Large.

52 Internal Improvements in Alabama. [170

made for the specific work. The Coosa River flows
through the mineral regions of North Alabama, the agri-
cultural belt of Middle Alabama and the timber districts
of Southern Alabama, and its importance as a commercial
route can hardly be overestimated. The appropriations
for this river have been so small that very little of the
work to be done has been yet effected, and it has been
estimated that at the present rate "it will be 150 years be-
fore this section will have water transportation for its coal
and iron to Mobile." 36

(6) The Cahaba. — Above Centreville, Alabama, the
Cahaba River, though flowing through the extensive Ca-
haba coal fields, cannot be utilized. The river in this sec-
tion consists of a series of pools and rapids which can be
overcome only by extensive use of locks and dams, a plan
too expensive to be feasible. Surveys of this stream were
made in 1875 and 1881, and under recommendations then
made a plan was adopted which contemplated obtaining
a navigable channel from its mouth to Centreville, a dis-
tance of 88 miles. This was to be accomplished by the
removal of snags and logs, by excavating gravel bars and
deepening sand bars by works of contraction and shore
protection. For this purpose the Government appro-
priated $45,000.00 between August 2, 1882, and July 13,
1892. Two railroad bridges without draws, one ten miles,
the other twenty-two miles, above the mouth of the Ca-
haba, prevent any commercial use being made of the
river, and as no efforts have ever been made to compel
the placing of draws in the bridges, work has been sus-
pended and no further allotments made to this river. sr

(7) Conecuh and Escambia. — This river, north of
Florida and Alabama line, is known as the Conecuh; south
of that line as the Escambia. This stream is of more im-
portance probably to Florida than to Alabama. It sup-

88 Report of Major Mahan, 1894.
87 Report of Major Mahan, 1894.

171] River and Harbor Improvement. 53

plies two-thirds of all the timber, which is the principal
export product of Pensacola. The commerce of this
stream in 1895 was estimated at $2,000,000.00, consisting
almost exclusively of timber products. The project of im-
provement provides for securing and maintaining a
channel sufficient for the passage of timber rafts from
the mouth of Indian Creek in Alabama to Pensacola,
Florida. To this end $102,500.00 have been appropriated
between March 2, 1833, and March 3, 1899.

(8) The Alabama. — For the improvement of this river
the appropriations have been as follows:35

June 18, 1878 $ 25,000.00

March 3, 1879 30,000.00

June 14, 1880 25,000.00

March 3, 1881 20,000.00

August 2, 1882 20,000.00

July 5, 1884 10,000.00

August 5, 1886 15,000.00

August 1 1, 1888 20,000.00

September 19, 1890 20,000.00

July 13, 1892 70,000.00

August 18, 1894 50,000.00

June 3, 1896 40,000.00

March 3, 1899 50,000.00

Total $395,000.00

The original project for improvement was to obtain a
channel four feet deep at low water with a minimum width
of two hundred feet from Wetumpka to the junction of
the Alabama and Tombigbee rivers, a distance of three
hundred and twenty-three miles. This plan, adopted in
1876, was amended in 1891 so as to provide for a depth
of six feet. In its original condition, owing to logs, snags,
fallen trees, bars and shoals, the navigation of this river
was difficult and tardy. The work done has been to re-
move these obstructions, to blast and dredge rock and
gravel bars and to deepen sand bars by works of contrac-
tion and shore protection. The channel has been much

88 Report of Major Mahan July 10, 1897; and Statutes at Large.

54 Internal Improvements in Alabama. [172

improved and is now navigable from Montgomery to Mo-
bile during the greater portion of the year. The com-
merce of the Alabama River is important, averaging an-
nually from six to nine million dollars.39

(9) Mobile Harbor. — The Mobile Bay from its mouth
to the city wharves is thirty miles ; its width at its entrance
from the Gulf is three and a quarter miles, at its lower
anchorage about twenty miles and at its northern extremity
it again narrows down to a width of about eight and a half
miles." In the original condition of this bay the wharves
of Mobile could not be reached by a vessel of any consid-
erable size owing to obstructions in the channel, particu-
larly at the points known as Choctaw Pass, where the
channel was only five and a half feet deep, and Dog River
Bar where the depth was only eight feet.41 All vessels ex-
cept those of very light draft were forced to lie in the lower
anchorage twenty-seven miles from the city. All cargoes
had to be transported to and from there by lighters at an
annual cost of not less than $100,000.00. Cotton and other
goods in passing up and down the bay were " liable to
damage from exposure to weather and it is fair to suppose
that it was a prominent reason for the Liverpool cotton
merchants assuming, as they did, that cotton going by way
of New Orleans arrived in better order, and so should bring
a better price than when they went by way of Mobile." 4S
This was the status when work was begun by the Federal
Government in 1827. Since that date there have been five
different projects of improvement: (a) Under the original
plan between 1827 and 1857 an unobstructed channel was
obtained ten feet deep and about two hundred wide from
Mobile to the Gulf of Mexico, (b) In 1870 the second

89 Reports of Engineers, 1896, 1897 and 1899.
40Berney: Hand-Book of Alabama, p. 504.

41 Report of Major Rossell, 1896.

42 Memorial and Proceedings of the Rivers and Harbors Improve-
ment Convention assembled at Tuscaloosa, Alabama, November
17, 1885, p. 38.

173] River and Harbor Improvement. 55

stag'e was entered upon when a channel was planned
from the city to the gulf thirteen feet in depth and
three hundred feet wide, (c) The plan was again amended
in 1878 to provide for a channel of seventeen feet depth
and two hundred feet width. This project was com-
pleted in 1889. (d) While the plan was nearing com-
pletion another was adopted. In 1888 work began
under the fourth project which provided for a channel
twenty-three feet deep at mean low water. The upper
end of this proposed channel was moved from Mobile
to the mouth of the Chickasabogue Creek, thus adding
a little more than two miles to the length of the chan-
nel, (e) The River and Harbor Act of March 3, 1899,
appropriated $100,000 for continuing this improvement:
" provided, that a contract or contracts may be entered
into by the Secretary of War for such materials and work
as may be necessary with the view of ultimately securing
a channel twenty-three feet deep and one hundred feet
wide at the bottom, with appropriate slope, to be paid for
as appropriations may from time to time be made by law,
not to exceed in the aggregate $500,000.00, exclusive of
the amount herein and heretofore appropriated." Under
this provision the contract has been awarded and accord-
ing to this plan work is now in progress.43

The appropriations for this work have been as follows: "

May 20, 1826 $ 10,000.00

March 2, 1829 20,000.00

June 23, 1834 10.000.00

March 3, 1835 17,997.60

March 3, 1837 50,000.00

July 7, 1838 50,000.00

August 30, 1852 50,000.00

March 3, 1857 20,833.08

(Relief claim)

July 11, 1870 50,000,08

March 3, 1871 50,000.08

48 Report of Major Wm. I. Rossell, July 20, 1896; and July 20,
1899.
44 Reports of Engineers and Statutes at Large.

56 Internal Improvements in Alabama. [174

June io, 1872 § 75,000.00

March 3, 1873 100,000.08

June 23, 1874 100,000.08

March 3, 1875 26,000.08

June 18, 1878 10,000.08

March 3, 1879 100,000.08

June 14, 1880 125,000.08

March 3, 1881 100,000.00

August 2, 1882 125,000.00

July 5, 1884 200,000.00

August 6, 1886 90,000.00

August 11, 1888 250,000.00

September 19, 1890 350,000.00

July 13, 1892 212,500.00

March 3, 1893 500,000.00

August 18, 1894 390,000.00

March 2, 1895 291,300.00

March 16, 1896 160,000.00

June 3, 1896 60,000.00

June 4, 1897 25,000.00

July 1, 1898 30,000.00

March 3, 1899 100,000.00

Total $3,748,630.68

As will be seen from the above appropriations this work
was neglected by the Federal Government between the
years 1857 and 1870. The channel was found to have
shoaled to seven and a half feet at Choctaw Pass in i860.45
The matter was brought to the attention of the State Legis-
lature and an act was passed on February 21, i860, ap-
pointing a " Board of Harbor Commissioners " who were
to " deepen and improve the bay and harbor." Funds with
which to operate were to be raised by issuing bonds of
Mobile County not to exceed $800,000.00. To meet these
bonds and accruing interest the county officials were em-
powered to assess the people of Mobile County at the rate
of twenty cents on every hundred dollars. The state as
an aid to the work, was to give one-fifth of all revenues
collected by the state from that county. When the im-
provements made should enable vessels of eight feet

45 Acts of Alabama, 1859-60.

175] River and Harbor Improvement. 57

draught to approach the city wharves, at low tide, then six
cents per ton were authorized to be charged on all cargoes
until the debt was discharged. The act required that the
consent of Congress should be obtained. It appears that
Congress did not approve the plan and nothing was done.

In 1867, the citizens of Mobile County procured the
passage of another act of the Legislature appointing a
Board for the prosecution of this work and requiring that
the Revenue Commissioners of Mobile County should issue
bonds (county) to the amount of $1,000,000.00 46 for this
purpose. About $200,000.00 4T were thus raised and ex-
pended by Mobile County before the repeal of the act by
the Legislature of 1872-3. From these efforts no per-
manent improvements resulted. In 1870 the work was re-
sumed by the Federal Government and since that date has
gone steadily forward, gradually admitting to the city
wharves vessels of heavier and heavier draft. A letter
from Mr. A. C. Danner, of Mobile, to Major Rossell, on
June 9, 1896, states that " Mobile's tonnage movement for
a period of nine years shows an increase of 458 per cent
up to September 1, ultimo, and every month during the
current, year shows a steady and continuous increase of
use for the channel." 48 Between 1896 and 1899, there was
an increase of 32 per cent in the tonnage of timber, lumber,
shingles, staves and cotton passing through this port.48

(10) The Tombigbee. — The work done on this stream
is divided into the following sections:

(a) From Walker's Bridge, Mississippi, to Fulton, Mis-
sissippi, a distance of two and three quarter miles;

(b) From Fulton to Columbus, Mississippi, fourteen
miles;

46 Acts of Legislature, 1866-67, P- 5°7-

47 Memorial and proceedings of the Rivers and Harbors Improve-
ment Convention: Assembled at Tuscaloosa, Alabama, 1885, p. 35-

48 Report of Major Rossell, 1899.

49 Report of Major Rossell, 1899.

58 Internal Improvements in Alabama. [176

(d) From Demopolis to the mouth of the Tombigbee,
at its junction with the Alabama, a distance of one hundred
and ninety-one miles. The improvements thus cover a
distance of five hundred and fifteen and three quarter
miles.50

(a) The plan on this portion has been to secure and
maintain a channel for high-water navigation by the re-
moval of snags, logs and overhanging trees. Appropri-
ations toward this end began with the act of August n,
1888, and from that date to the last River and Harbor bill
of March 3, 1899, have amounted to $14,000.00 for this
section. Work was promptly begun in 1888 and a channel
has been secured which, at a rise of three feet above low
water, is navigable by boats of light draft and by the many
rafts of timber which are sent down the river to Mobile
from this section, (b) The plan for section (a) is practi-
cally the same as that for section (b), from Fulton to Co-
lumbus. Work on this second division, however, began
earlier than on the first, and dates back to the survey au-
thorized by act of June 10, 1872. This project was com-
pleted in 1882 with a total expenditure to that date of
$27,293.65, from the funds allotted to the Warrior and
Tombigbee Rivers.61 For the maintenance of this improve-
ment separate appropriations began with the act of July
13, 1892, and aggregated $23,000.00 including the amount
carried by act of March 3, i899.52

(c) From Columbus to Demopolis the plan is to obtain
a channel six feet deep at low water and maintain it by
snagging and dredging and by constructing locks and
dams.03 Up to the year 1890 work was done from the

60 Report of Major Rossell, 1896.

61 Report of Major Rossell, 1896 and 1899.

52 Report of Major Rossell, 1899: and Statutes at Large, vol. xxx,

P- "39.
58 Rossell's Report for 1899.

177] River and Harbor Improvement. 59

appropriations made to the " Warrior and Tombigbee
Rivers " and (after 1880) to the " Tombigbee from Colum-
bus to Vienna." In 1890 specific appropriations began for
this section and from that date, September 19, to March 3,
1899, inclusive, $160,000.00 have been allotted this division,
(d) From Demopolis to the mouth of the Tombigbee
was improved by works of a temporary character between
1870, when the first surveys were made, and 1888. In the
latter year an act, of August 11, directed a new survey to
be made. The project adopted under this survey is to
obtain by snagging and dredging a channel of six feet at
low water, and to overcome the chief obstruction, McGraw
Shoals one hundred and eleven miles above Mobile, by
locks and dams. To 1890 the funds for this section were
allotted from the appropriations to the Warrior and Tom-
bigbee rivers, and the exact amount expended here is not
known. In this year the appropriations become separate
for this division and including the amount of March 3,
1899, aggregate $380,000.00.

A summary of the appropriations for the Tombigbee
River would then be as follows:
For Warrior and Tombigbee from

March 3, 1875, to March 3, 1879 M $110,000.00

For Tombigbee

June 14, 1880 $ 31,000.00

March 3, 1881 15,378.00

August 2, 1882 21 ,000.00

July 5, 1884 25,000.00

August 5, 1886 18,750.00

August 11, 1888 12.500.00

On Section (a) 1886-1809 14,000.00

On Section (b) 1892-1899 23,000.00

On Section (c) 1890-1899 160,000.00

On Section (d) 1890-1899 380,000.00

Total $810,628.00"

'"* Between these dates appropriations were made to those two
rivers collectively and it is impossible to determine from the re-
ports submitted the amounts expended on each separate river.

"Acts of Alabama. December 19, 1837.

60 Internal Improvements in Alabama. [178

To this amount must be added the $25,000.00 appro-
priated by the State Legislature from the three per cent
fund.

(11) The Warrior. — This river extends from its junc-
tion with the Tombigbee at Demopolis, to Tuscaloosa,
a distance of one hundred and thirty miles. Above
Tuscaloosa the stream is known as the Blaov Warrior.
In its original condition the Warrior was so obstructed
that its channel was not navigable except during high
water and then navigation was extremely difficult and
hazardous. The first survey was made in 1874. The first
appropriation was made and in June following, work was
begun. The improvements made up to 1890 were of
a temporary character. In that year a new plan was
adopted which proposed to obtain a channel of six feet
depth by the removal of logs and snags and overhang-
ing trees and by the construction of locks and dams.™
Six of the latter will be required between Tuscaloosa and
Demopolis. The act of March 3, 1899, provides for the
making of contracts for the construction of three of these
locks and dams "next below Tuscaloosa" BT and under these
conditions work is now in progress.

Prior to 1879 tne work done was by funds from the
appropriations to the Warrior and Tombigbee.58 Since
that date separate appropriations have been made for the
Warrior as follows:59

June 4, 1880 $ 20,000.00

March 3, 1881 10,622.00

August 2, 1882 11 1,000.00

July 5, 1884 12,000.00

August 5, 1886 18,750.00

August 11, 1888 18,000.00

September 19, 1890 45,000.00

July 13, 1892 75,000.00

66 Report of Major Rossell, 1896.

57 Statutes at Large, vol. xxx.

68 Summarized above under the Tombigbee.

59 Report of Major Rossell, 1879.

179] River and Harbor Improvement. 61

August ii, 1894 $ 40,000.00

June 3, 1896 70,000.00

March 3, 1899 220,000.00

Total $539,372.00

(12) The Black Warrior. — A large section of North
Alabama, estimated at eight thousand square miles
is drained by this river. The lands which skirt the
river are fertile and productive and along its banks are
found large and valuable deposits of coal. To get water
transportation from the " Warrior Coal Fields " to
Mobile is the main object for which improvements
have been undertaken, both on the Black Warrior and
the Warrior rivers. The improvements on the Black
Warrior cover a distance of fifteen miles, from Tuscaloosa
to Daniels Creek. The present project for improvement
was adopted in 1887 and proposes to construct five locks
and fixed dams with a total lift of fifty-two feet. Work
toward this end began in 1888 and three of the locks have
been completed. On March 3, 1899, provision was made
for the construction of the fourth lock and work is now
in progress.60

The appropriations have been as follows:

July 5, 1884 $ 50,000.00

August 1, 1886 56,250.00

August 11, 1888 100,000.00

September 1, 1890 150,000.00

July 13, 1892 200,000.00

August 18, 1894 37,500.00

June 3, 1896 10,000.00

March 3, 1899 50,000.00

Total $653.7So.oo

The State Legislature appropriated,"1 in addition to
this amount $20,000.00 to this river from the three per
cent fund, as has been already mentioned in another con-
nection.

60 Report of Major Rossell, 1896 and 1899.
81 Acts of Alabama, February 7, 1839.

62 Internal Improvements in Alabama. [180

Including the original land grant for the Tennessee
River, the amounts expended by the Federal Government
upon these items of improvement as above enumerated
aggregate $14,186,106.71. Thus Alabama has received
about two-thirds of one per cent of the amount which has
been expended by the government upon such works in the
various states of the Union.02 In the projects now in exe-
cution for the improvements of the Alabama rivers the
chief object is to accelerate the development of her mineral
resources by giving water transportation to the gulf. It
is estimated that when the present plans are completed
coal can be carried to Mobile at a charge of twenty-five
cents per ton, while the present rate by rail is one dollar
per ton. With this reduction in freight rate coal can be
delivered to vessels in Mobile at not exceeding $1.25 per
short ton, and Alabama would be enabled to compete with
England as an exporter of coal to South America and in
the East, and West Indies.63 In paging through the acts
of Alabama one is impressed with the fact that water trans-
portation has been of vital importance to the state. In
the early days her rivers and their small tributary creeks
served as her chief arteries of trade. Numerous acts in-
corporating " Navigation Companies " show that practi-
cally all the rivers in the state, even the smallest, were once
used as lines of transportation. During the twenties, thir-
ties and forties we find the tributaries to these rivers, the
majority of them insignificant creeks, are declared by
successive acts of the Legislature as " public highways "
and to fell trees across them, to throw logs into them, or
to otherwise obstruct their passage was declared a public
offense and punishable by law. With the development of
Alabama's railroad system the great majority of these old
lines have been abandoned and only the fittest have sur-

82 Proceedings of the Rivers and Harbors Improvement Conven-
tion (Tuscaloosa, 1897), p. 48: Address of General Joseph Wheeler.

68 Proceedings of the Rivers and Harbors Improvement Conven-
tion, 1897, pp. 35-36.

181] River and Harbor Improvement. 63

vived. With this transformation has come a shifting of
trade and business from the old conservative villages which
slumber on the river's edge to the more active and spirited
railroad points. While the greater portion of the business
in Alabama is now done by railroads yet the influence of
the rivers as competitors is most potent in guaranteeing
reasonable rates. When the rivers are in boating order
freights are low and, vice versa, low rivers make high
rates." Thus in Alabama as in other states of the Union,
observation and experience point to the fact that the
maintenance of a good system of water transportation
affords the most effective safeguard against the potential
evils of railroad consolidations which tend to throttle com-
petition.

64 This fact is illustrated in the report on the Tombigbee for 1881.
When the river, a competing line with the Mobile and Ohio Rail-
road, is navigable, freight charges are reduced by the railroad.
In 1879-80 the charge on cotton per bale was $3.25 by rail during
the low-water season. When the Tombigbee became navigable
rates prevailed ranging only from 50c. to $1.25 per bale. Memo-
rial and Proceedings of Rivers and Harbors Improvement Conven-
tion, 1885, pp. 53-54.

CHAPTER III

CONSTRUCTION OF RAILROADS

Federal Land Grants

The policy of Federal aid to railway building as with
other forms of internal improvement has been a gradual
growth. Legislation has proceeded not by sudden and rad-
ical measures differing from all precedent, but by small be-
ginnings which gradually prepared the public mind for the
more elaborate schemes which were to follow. From the
policy of aid to wagon roads, canals, river and harbor im-
provements, we have been brought to the idea of small en-
couragement of railroad building. The granting of "rights
of way " through the public domains to various railroad
companies together with small lots of land for the erection
of stations served as the precedents upon which was to be
based the system of more positive aid by large grants of
public land. Congress by act of March 2, 1827 1 gave to
the state of Indiana a large tract of land to aid in
constructing the Wabash and Erie Canal. On March 2,
1833 2 Congress authorized the state of Illinois to divert
its canal grant and to use the proceeds from these lands
in the construction of a railroad should the latter seem
preferable to a canal. This was the first congressional
enactment providing for a land grant in aid of a railroad.8
This privilege was not utilized by the state, but the act
serves to show the growth of the feeling that if Congress
could aid in making canals it could also aid in building

1 U. S. Statutes at Large, vol. iv, p. 236.

2 U. S. Statutes at Large, vol. iv, p. 662.

3 Public Land Commission, Exec. Doc, 3rd Sess., 46th Cong..
Pts. i and iv, p. 261.

183] Construction of Railroads. 65

railroads, and points to the fact that public aid will increase
to such works as enthusiasm mounts higher for improve-
ments of this character. The first right of way (thirty feet
on each side of its line) through the public lands for a
railroad, from Tallahassee to St. Marks, with use of tim-
bers and other building materials and ten acres of land as
the terminus, was granted to a Florida company by act
of March 3, 1835.4 From this time forward similar priv-
ileges were granted to various other railroad companies
up to 1850 when was passed the first railroad act of any
real importance. This act was skilfully engineered through
Congress by Senator Douglas of Illinois in the interest of
the Illinois Central Railroad, and initiated that system
of Congressional land-grants which prevailed until after
July 1, 1862.0 On the latter date a new system was in-
augurated in aiding the Pacific railroads. Formerly the
grants had been made to the state as guardians or trustees
for the roads, thus yielding to the old contention that
Congress could not create a corporation to do business
in a state without the consent of that state. After 1862
this claim was disregarded, as were many others of the old
State's Rights theories; the grants are now usually made
to the corporation direct thus brushing aside the state as
trustee or agent of transfer.6 Under these two systems
(the granting of alternate sections7 either to the state or
to the corporation direct) the Federal Government to June
30, 1880, had made railroad grants amounting to about two

* U. S. Statutes at Large, vol. iv, p. 778.

6 Public Land Commission, pts. i and iv, p. 261.
8 Public Land Commission, pts. i and iv, p. 257.

7 This system was based on the claim that when the alternate
sections were thus granted along the line of the railroad the
sections retained by the Government would be enhanced in value.
The price per acre, therefore, of the remaining contiguous sec-
tions was doubled, being raised from $1.25 minimum price to $2.50
per acre; thus it was contended the Government lost nothing by
the grants. Speech of Senators Douglas and Shields, Cong. Globe,
vol. xxi, pt. i, pp. 844-48.

G6 Internal Improvements in Alabama. [18-1

hundred and fifteen million acres of land. In 1881 it was
estimated that the amount would be reduced by forfeitures
to 155,504,994 acres.8

The pioneer railroad bill was passed only after it had
been closely debated.9 Senator Douglas, some years
later, in speaking of its passage, remarks: "If any man
ever passed a bill I did that one. I did the whole work
and was devoted to it for two years." The bill was in-
troduced in Congress in 1848 and was bitterly opposed by
many (the Representatives and one of the Senators of
Alabama among the number) both on account of inexped-
iency and because of constitutional objections.10 Senator
Bagby of Alabama committed himself firmly to the oppo-
sition, " For myself," he said when speaking of the bill,
" I shall consider it my duty to resist such propositions to
the last — there is no soundness in the proposition and it
is in vain to tell us that the constitutional question can be
settled by precedent."11 From the tone of the debates,
however, it seemed to be a foregone conclusion that Sen-
ator Douglas's bill though fettered by constitutional ob-
jections, would finally be passed, and others manifested a
desire to secure some of the good things while they were
going. Thus while Senator Bagby was planting himself
firmly in the opposition his colleague, Senator King, was
busying himself with introducing bills carrying similar
grants for prospective railroads in Alabama.12 The bill
in 1848 passed the Senate but failed in the House. In 1850
the project came forward again with brighter prospects.
Senator King was one of the most ardent advocates while
his colleague was no longer heard in the opposition. To the
Mississippi representatives also the bill seems to have be-
come less objectionable. In the meantime Senator Doug-

8 Public Lands, pts. i and iv, p. 268.

9 Cong. Globe, vol. xxi, pt. i, pp. 844-54 and 867-74.

10 Cong. Globe, Appendix to vol. xi, pp. 534-37.

11 Cong. Globe, 1st Sess. 30th Cong., Appendix, p. 535.

12 Cong. Globe, 1st Sess., 30th Cong., 1848, pp. 999, 1038, 1051.

185] Construction of Railroads. 67

las had heard that the Mobile Railroad, then building-, had
failed for want of means. Going to Mobile he met the
directors of the railroad company and proposed to procure
a land grant for that road by making it a part of his
Illinois Central Railroad bill, provided the Representatives
and Senators from Alabama and Mississippi (the two states
most interested in the success of the Mobile Railroad)
would support his measure. The proposition was accepted,
Senator Douglas returned to Washington, and through
the influence of the directors of the Mobile road the legis-
latures of Alabama and Mississippi instructed their Con-
gressmen and Senators to support the bill after it had been
so amended as to carry for these states privileges propor-
tionately equal to those gained for Illinois.13 With all dig-
nity and deference the amendment offered by King14 was
accepted by Douglas. The bill now assumed, in the eyes of
some, a more constitutional aspect. The opposition was
so weakened that by further skilful manipulation it was
finally passed by a ,small majority and became a law on
September 20, 1850. The act granted to the state of Illi-
nois, for the purpose of aiding in making the Illinois Cen-
tral Railroad and its branches, " every alternate section of
land designated by even numbers, for six sections in width
on each side of said road and branches," 15 and carried for
Illinois 2,595,053 acres of land.16 The amendment (section
7 of the act) is as follows : " And be it further enacted,,
that in order to aid in the construction of said Central
Railroad from the mouth of the Ohio River to the City of
Mobile/all the rights, privileges and liabilities hereinbefore
conferred on the State of Illinois shall be granted to the
States of Alabama and Mississippi respectively, for the pur-
pose of aiding in the construction of a railroad from said
City of Mobile to a point near the mouth of the Ohio River,

13 Public Land Commission, pts. i and iv, p. 263.

14 Cong. Globe, vol. xxi, pt. i, p. 845.

15 Public Land Commission, pts. ii and iii, p. 180.

16 Public Land Commission, pts. ii and iii, p. 180.

68 Internal Improvements in Alabama. [186

and that public lands of the United States, to the same
extent in proportion to the length of the road, on the same
terms, limitations and restrictions in every respect, shall
be, and are hereby, granted to said States of Alabama and
Mississippi respectively." Under this act and others
based upon it as precedent the state of Alabama has re-
ceived the following amounts of land granted as aid to
lailroad building:*

ACRES.

Mobile & Ohio, September 20, 1850 419,528.44

Alabama & Florida, May 17, 1856 399,022.84

Selma, Rome & Dalton,18 June 3, 1856 858,515.98

Alabama & Chattanooga, June 3, 1856 652,966.66

South & North Alabama, June 3, 1856 445,158.78

Mobile & Girard,19 June 3, 1856 302,181.16

Total 3,077,373-S6 *°

The Two and Three Per Cent Funds. — Congress by act
providing for the admission of Ohio into the Union de-
clared that21 " One-twentieth part of the net proceeds
of the lands lying within the said state sold by Congress,
from and after the thirtieth day of June (1802) .... shall
be applied to laying out and making public roads leading
from the navigable waters emptying into the Atlantic to
the Ohio, to the said state and through same, such roads
to be laid out under the authority of Congress, with the
consent of the several states throusrh which the roacl shall

17 Taken from Report of Secretary of Public Lands, 1897. House
Documents, vol. xii, p. 225. Amounts indicate the number of acres
granted up to June 30, 1897.

18 The original act made the grant to aid the Alabama and Ten-
nessee Railroad; a later act transferred the lands to the Selma,
Rome and Dalton road.

19 The original grant carried 504,145.86 acres, but owing to for-
feitures this was reduced to the above amount by an adjustment
made April 24, 1893.

20 In addition to this, 67,784.96 acres were granted Alabama for
the Coosa and Tennessee road. Of the construction of the road
there was no evidence found in the General Land Office up to 1897
and the grant is supposed to have lapsed.

21 Statutes at Large, vol. ii, p. 173, April 30, 1802.

187] Construction of Railroads. 69

pass." All public lands in Ohio were to be exempt from
taxation by the state for a term of five years from the
date of their purchase by settlers and this five per cent of
the land sales was offered as one of the items of com-
pensation to the state for this relief given to her immi-
grants. The people of Ohio in accepting the terms for her
admission requested that three-fifths of this fund might be
applied to making roads within her borders under the con-
trol and supervision of the State Legislature, while the re-
maining two-fifths was to be expended by Congress in mak-
ing roads leading to the state. This proposal was accepted
by Congress and found expression in the modified act for
Ohio's admission into the Union." Thus originated the
custom according to which so many of our states, upon
their admission, were given their " two and three per cent
funds " on the same condition under which Ohio received
hers. On March 2, 1819, Congress passed the act pro-
viding for the admission of Alabama into the Union.
Under this law five per cent of the net proceeds of the
lands lying within the territory of Alabama and sold by
Congress from and after the first day of September, 1819,
was " reserved for making public roads, canals, and im-
proving the navigation of rivers " three-fifths to be applied
within the state under the direction of the State Legislature
" and two-fifths to the making of a road or roads leading
to the said state under the direction of Congress." 2: Thus
originated what was designated the " two and three per
cent fund " and which was the subject of so much discus-
sion and controversy in the history of Alabama's legis-
lation. Congress constructed no road leading to the state
and up to September 4, 1841, no disposition had been
made of the two per cent fund. On that date Congress
passed an act24 relinquishing this fund to the state of

Act of March 3, 1803, Statutes at Large, vol. ii, p. 225.
Statutes at Large, vol. 3, p. 491.
Statutes at Large, vol. v, p. 457, sec. 17.

70 Internal Improvements in Alabama. [188

Alabama on condition that the fund should be " faith-
fully applied under the direction of the Legislature of Ala-
bama, to the connection by some means of internal im-
provement, of the navigable waters of the Bay of Mobile
with the Tennessee River, and to the construction of a
continuous line of internal improvements from a point
on the Chattahoochee River opposite West Point, in Geor-
gia, across the state of Alabama, in a direction to Jackson
in the state of Mississippi." The terms were accepted and
the state became thus the sole trustee for both funds. The
Legislature by act of December 10, 1823, invested the
three per cent fund in the State Bank of Alabama, mak-
ing it an integral part of the capital of that institution and
only $i35,ooo25 was expended in efforts at internal improve-
ments. With the failure of the bank the whole of the
fund was lost. In 1859 a joint Committee from the two
Houses of the Assembly reported that the state of Ala-
bama as trustee was responsible for all moneys which had
been received, together with interest at six per cent, from
the dates upon which the amounts had been paid by the
United States. According to this view the state owed to
this three per cent fund $858,498. With this report the
Legislature concurred. The amount assumed by the state
as her indebtedness to the fund, was distributed, as loans,
to various railroad enterprises as follows."

North East and South West Railroad Co $218,135.00

Wills Valley Railroad Co 75,000.00

Selma and Gulf Railroad Co 40,000.00

Cahaba, Marion and Greensboro Railroad Co... 25,000.00

Opelika and Oxford Railroad Co 50,000.00

Montgomery and Eufaula Railroad Co 30,000.00

Tennessee and Coosa Railroad Co 195,363.00

Alabama and Tennessee River Railroad Co 225,000.00

Total $858,498.00

25 Acts 1837-39. Spent on rivers in the state, as detailed in the
previous chapter.
28 By Act approved February 18, i860.
27 Auditor's Report, October 12, 1869.

189] Construction of Railroads. 71

These loans were to bear interest at the rate of six
per cent and were secured by bonds. By act of December
30, 1868, the " South and North Alabama Railroad Co."
was given the entire fund. All the bonds, securities and
obligations belonging to this fund were transferred to the
company, and the state was released from all liabilities, and
control over the fund passed to this railroad as sole bene-
ficiary.

The two per cent fund passed to state control in 1841
under the conditions which have been already given. From
this fund loans were made as follows:28

Montgomery and Eufaula Railroad, March 1, 1845 $116,782.64

Marengo Plank Road Co., December 13, 1853 9,477-47

Alabama and Mississippi Rivers Railroad Co., Feb. 27,

1855 28,963.72

Alabama and Mississippi Rivers Railroad Co., Feb. 15,

1858 23,178.74

Total $178,402.57

The above amounts contributed to the completion of the
East and West line of internal improvements across the
state.

Alabama and Tennessee River Railroad, May 3, 1851..
Alabama and Tennessee River Railroad, May 5, 1852..
Alabama and Tennessee River Railroad, April 26, 1855.
Alabama and Tennessee River Railroad, Feb. 15, 1858. .
Tennessee and Coosa River Railroad Co., Feb. 15, 1856.

65,961.73
62,179.83
17,726.47
23.178.78
33,5i3-25

Total $202,560.06

These amounts contributed to the completion of that
plan so long discussed and cherished by the people of
Alabama — the connection of North and South Alabama by
some line of transportation. Thus, too, were fulfilled the
conditions upon which the two per cent fund was surrend-
ered by Congress to state control. By act of December
30, 1868, the South and North Alabama Railroad was
declared the beneficiary of the two and three per cent funds.

■ "s Auditor's Report, October 12, 1869.

72 Internal Improvements in Alabama. [190

The greater portion of this two per cent fund was now in
the hands of various railroad companies to whom loans
had been made for the purpose of encouraging the several
railroad projects throughout the state. In accordance
with this act of 1868 the bonds and securities executed by
these railroad companies were delivered to the " South and
North Alabama Railroad Co." and were as follows:

North East and South West Alabama Railroad Co $306,468.00

Wills Valley Railroad Co 87,375.00

Alabama and Mississippi Railroad Co 66,500.00

Montgomery and Eufaula Railroad Co 36,051.84

Opelika and Oxford Railroad Co 66,500.00

Cahaba, Marion and Greensboro Railroad Co 38,611.75

Total $6oi,5o6.5920

Thus the bulk of the " two and three per cent fund " was
bestowed upon the " South and North Alabama Railroad."
This road was put in operation in 1872. It connects De-
catur, Alabama, on the Tennessee, with Montgomery, on
the Alabama River. The road has one hundred and eighty-
five miles30 of track and is now operated as a part of the
Louisville and Nashville system.81

State Aid: Policy Prior to Civil War.

In 1832-3 was constructed the first railroad in Alabama.
This road ran from Decatur to Tuscumbia.32 This was
followed by the construction of the Western Railroad from
Selma by Montgomery to the eastern boundary of Ala-
bama, the second line of the state. From this time an
interest in railroad building grew apace, and there de-
veloped a strong feeling among the people that the state
should render some positive aid towards improvements of
this character.33 Various obstacles, however, prevented

20 Auditor's Report, October 12, 1869.

30 Berney's Hand-Book of Alabama, p. 385.

31 Report of the Alabama Railroad Commissioners, 1898.

32 Brewer: History of Alabama.

38 Governor's Message of November, 1834, November, 1835, No-
vember, 1836, December, 1839.

191] Construction of Railroads. 73

this feeling from finding expression in any legislative acts.
In 1 85 1 the Committee on Internal Improvements made
their report to the Legislature of Alabama in which the
policy of the state was reviewed as follows:

" The history of Alabama from the first of the state to
the present period exhibits not one serious effort on the
part of the Legislature to advance the great interests of
agriculture, commerce or manufactures, which by the form
of our government are subjected to its protection and
control. Other states are rich because they are old, but
our destiny seems to be to grow old and poor together.
The caravan of the emigrant tells the fate of a young state
falling into premature decay and deserted for fresher lands
which in time will probably be doomed to the same fate."
The state, it is urged, must do something to " consolidate
her northern and southern sections," she must give her
citizens an " access to market," that her people become
" anchored to the soil " and lose their " desire for wander-
ing to the Far West," 34 The report mentioned the fact that
other states were forging ahead in such works. To items
of internal improvement Virginia had recently subscribed
eight million dollars; Maryland five millions; New York
three millions as a bonus to one enterprise alone, the Erie
Railroad; Massachusetts six millions; Missouri two mil-
lions to the St. Louis and Pacific Railroad; Tennessee one
million three hundred thousand loaned to the Chattanooga
Railroad; Georgia three and a half millions to one road.
The report urged that Alabama should enlist in aiding
similar enterprises and recommended that the existing Leg-
islature endorse railroad bonds to the extent of two million
dollars. Regardless of this enthusiastic appeal the Legis-
lature would not commit the state to a positive policy of
internal improvements. Several causes may be assigned
as explaining the persistent lethargy or conservatism or.

84 Report of F. Phillipps, Chairman of Committee on Internal Im-
provements: House Journal, 1851-52.

74 Internal Improvements in Alabama. [192

the part of the state. In the first place the state's finances
Had not yet recovered from the collapse which came with
the failure of her bank; taxation was still high, the people
were sensitive to every touch of the tax-gatherer and many
of them stood ready to oppose any measure which threat-
ened a higher tax rate. Again the management and suc-
cess of the old state bank had not been of such a nature as
to inspire confidence in the integrity or ability of the state
as an undertaker. Those who opposed the policy of state
aid used this as one of their strongest arguments, remind-
ing the people very effectively that the state's past record
as an entrepreneur was one not altogether glorious. A
third cause may be found in the fact that there was a
strong element in the population of Alabama which was
restless, roving, shifting, and actuated by a spirit of ex-
ploitation rather than development, not feeling sure that
they were permanently located, but thinking of the more
distant West as the place of final destination.35 This ele-
ment acted as a check to the spirit of internal improve-
ments; for a system of such works, whose completion will
require an extended period of time, and whose fruits must
be reaped at some future date, will be advocated only by
those who feel themselves permanently at home and deeply
rooted to the soil. There are traces also of sectional
jealousies creating friction and retarding legislation. Fin-
ally Alabama was proverbially of the '• strict construction "
school; many of her leading statesmen firmly adhered to
the principle that taxation should only be employed for
carrying on government and that the promotion of works
of internal improvements should be left to private capital.
In 1853 tne subject of state aid to railroads was made
one of the issues of the state's political campaign.58 John

35 In 1845-47 there was a strong tide of emigration from Alabama
to Texas. In 1846 Monroe County alone is said to have thus lost
1500 of her inhabitants. Lyell: Travels in the United States, vol.
ii, PP- 55-65-

3liGarnett: Reminiscences, pp. 577, 580-82.

193] Construction of Railroads. 75

A. Winston planted himself firmly on the side of opposition
to public aid and was the successful candidate for Gov-
ernor. In his inaugural address on December 20, 1853,
he declared his unwillingness that the state should engage
in works of internal improvement, or become security for
such, until the whole public debt should be paid. During
this session of the Legislature this question was one of
the chief topics of discussion. The spirit of conservatism,
however, again prevailed and the Governor's views were
sustained. The election in 1855, showed that the policy
of the administration was highly endorsed by the people:
Governor Winston was reelected by a large majority, hav-
ing received the largest popular vote that had ever been
cast in the state for any candidate for the Executive."
The Legislature which met in the following December
came fully determined to launch the state into a policy
of public aid to railroads. The Governor was more de-
termined that such a principle should not be established,
and by his frequent exercise of the veto power he became
known as the " Veto Governor " of Alabama. During this
session of the Legislature he returned, without his ap-
proval, thirty-three bills which carried loans or other ad-
vantages to railroads. In vetoing one of these bills,'3
the Governor expressed his views at some length and
assigns the following reasons for withholding his ap-
proval: (1) By the bill the tax-payers of Limestone County,
many of them without consenting, will be forced to be-
come stockholders in a private corporation. " Many able
jurists and profound statesmen are firm in the conviction
that such a forced law, or investment, is unwarranted by
the constitution or by any legitimate influence from the
principles of our government." The bill cannot be justi-

S7Garnett: Reminiscences, p. 616.

88 The bill was to enable Limestone County to subscribe $200,000
to the capital stock of the " Tennessee and Alabama Central Rail-
road Co." and was passed over the Governor's veto on December
14, 1855. Acts of Alabama.

76 Internal Improvements in Alabama. [194

fied by precedent, for to the enlightened statesman be-
longs " the duty of correcting errors, which, though con-
secrated by centuries of toleration and backed and propped
by a thousand precedents, are but errors still."

(2) It is better " that the construction of railroads, as
well as all other improvements of supposed public utility
be left to the slower and safer details of interest, rather
than resort to the doubtful power of making the people
involuntary builders." The objects, " few and simple," of
our government are to " protect every man in the legal
pursuit of wealth and happiness and in the enjoyment of
the fruits of his own labors." This proposition defeats
such objects, it opens the door to " anarchy and to the
legislative and judicial confiscation of the labor and prop-
erty of the individual for the use of others. It is an act
of legislative usurpation, and destructive of a government
founded on justice." Thus deeming the measure both in-
expedient and unconstitutional he was assured that his
disapproval would be vindicated both by results and by pop-
ular approval.38 Again on January 9, 1856,40 he reiterated
the doctrine that " the only purpose for which the govern-
ment has a right to tax is to carry on the affairs of the
government and to pay obligations already existing.
The experience of Alabama is fruitful of the bitter conse-
quence of making expediency paramount to principle. The
proposition to use the credit of the state to promote the
pecuniary interests of any class of citizens has, almost
without any opposition, been pronounced against by the
people of Alabama;" for he had been elected to the Execu-
tive with the " full understanding " that he would not
" sanction any measure using or pledging the credit of the
state for any purpose whatever." Again, there was no
money in the Treasury available for loans to railroads
unless the bills of the old state bank and branches ue

39 Message of December 13, 1855. House Journal, p. 162.

40 Senate Journal, p. 146.

195] Construction of Railroads. 77

reissued. To reissue these bills of banks long since put
in liquidation would be an unconstitutional measure u and
would result in giving the state a depreciated currency,
a policy most ruinous to financial interests. Regardless
of the Governor's firm opposition and over his unequivocal
vetoes laws were passed granting loans to railroads as
follows :

Alabama and Tennessee Rivers Railroad Co., January 21,

1856 $200,000.00

Memphis and Charleston Railroad Co., January 21, 1856 300,000.00

The acts provided that the loans should be secured by
first mortgage interest bearing bonds and also by " per-
sonal securities to be approved by the Governor." The
impression prevailed that the Governor had little confi-
dence in the solvency of railroad companies and that he
would be rather exacting in applying the " personal secur-
ity " clause. At any rate the loans were never called for
before later acts " repealed the laws authorizing such
loans. Governor Winston in his annual message of 1857
rather congratulated himself upon the prosperity and suc-
cess which had resulted from the triumph of the policy
to which he had persistently adhered. " By a firm and
steady course of patient endurance and economy, the
greater portion of an enormous debt incurred by financial
empirics and a departure from the legitimate purposes
of government has been liquidated; and the credit of Ala-
bama not only sustained untarnished, but restored to that
high position which it should be our first duty to maintain
for it. By a steady resistance to the policy of over-zeal-
ous enthusiasts and interested incorporations, we have

41 The position was held that it would now be the state issuing
" bills of credit " since the banks were in process of liquidation.
Up to this time, however, the bills had continued in use and no
serious objection had been raised, though the constitutionality of
the practice had been often questioned. U. S. Constitution: Art.
i, Section 10.

12 Passed February 6, 1858.

78 Internal Improvements in Alabama. [196

been enabled to avoid that load of responsibility and debt
which has been incurred by older and greater states, and
which for generations must rest upon their people and
retard their progress. The correctness of the principle of
an entire separation of state from private enterprises and
speculations, and leaving to individual energy and private
capital the construction of such works as the facilities of
commerce may require, is being established by time and
the experience of other states, to such a degree as to give
us abundant cause for congratulation that we have been
able to resist a popular error, though subjecting ourselves
to the taunts and reproaches of those who adopted a differ-
ent policy. It is well for states and individuals to be be-
hind the spirit of the age when that spirit impels us only
to embarrassment and bankruptcy. When we see works
of magnificent extent and grandeur, constructed at a cost
almost too great for belief pronounced, as state works,
failures, and thrown upon the market for the purpose of
relieving the people of the expense of keeping them up,
we have abundant cause to be thankful that we are not in
a like predicament, and that we took warning in time."
The people of other states were burdened with taxation
to support works which they had been persuaded would
give relief from all taxes and " furnish the revenue for the
carrying on of the state government." " The constitution,"
he continued " gives no power to tax the masses that any
particular class or interest may be advanced. The only
just object of taxation is to meet the wants of government,
economically administered, and to secure the ends of pub-
lic justice. Whenever a government extorts more than is
absolutely necessary for these purposes it becomes an op-
pression."

" The first duty of the state is to pay what she now owes
and then avoid the accumulation of any surplus by a
speedy reduction in the rate of taxation. The loans
granted the several railroad companies, by acts of the last
Legislature, have not been called for; and had application

197] Construction of Railroads. 79

been made it would have been in vain on account of lack
of funds, and to have re-emitted the bills or notes of the
old state banks, long since in liquidation would have been
violating the Constitution of the United States." * Thus
subsided the strongest wave of enthusiasm that had yet
made for state aid to internal improvements in Alabama.
This, too, was the last effort made prior to the Civil War
to launch the state into such a policy.

State Aid: Since the Civil War. — In 1867 the agitation
was renewed and Alabama, for the first time in her history,
adopted a policy of public aid to railroad building. Dur-
ing the session of 1866-7 the Legislature passed an " Act
to establish a system of internal improvements in the
State of Alabama." The act declared that " whenever
any railroad company now incorporated by the General
Assembly of the state of Alabama, should have finished,
completed and equipped twenty continuous miles of road at
either or both ends of the road it should be the duty of the
Governor of the state, and he is hereby required to endorse,
on the part of the state, the first mortgage bonds of the
said railroad company to the extent of twelve thousand
dollars per mile for that portion thus finished, completed
and equipped, and when a second section of twenty miles
is finished, completed and equipped, it shall be the duty
of the Governor, and he is hereby required to endorse the
first mortgage bonds of the said railroad company, upon
the presentation of said mortgage bonds by said company,
to the extent of twelve thousand dollars per mile for the
second section of twenty miles, and this rate and extent of
endorsement shall be continuous upon the same condition
for each subsequent section of twenty miles until said
railroad is completed." On August 7, 1868 44 the above
act was amended. After the completion of the first
twenty miles the bonds should be endorsed as under the

House Journal, p. 18, Session 1857-58.
Acts of Alabama, 1865, p. 17.

80 Internal Improvements in Alabama. [198

original act, " and when a second section of five miles
is finished, completed and equipped it shall be the duty
of the Governor and he is hereby required to endorse the
first mortgage bonds of said railroad company to the
extent of twelve thousand dollars per mile for the second
section of five miles, and this rate and extent of endorse-
ment shall be continued upon the same condition for each
subsequent section of five miles, until said road is com-
pleted."45 In 1868 William H. Smith, the Provisional
Governor of the state, in his message to the Legislature
reviewed the policy of the state toward internal improve-
ments under the old regime, and suggests that more pro-
gressive measures be adopted in the future. " The same sys-
tem of labor which imposed ignorance heretofore upon the
masses of the community led our law makers to neglect the
elements of wealth with which Alabama is blessed beyond
almost any other state — to change our policy in regard to
these interests, to foster every enterprise that seeks to
develop the natural wealth of the state and attract hither
a great portion of the great tide of the foreign immigra-
tion as well as of the skilled laborers and capital of the
North will be a pleasant and profitable task, and will doubt-
less engage your early and earnest attention." " The
legislative halls were thus filled with that spirit of progress
which was born in the first flushes of the new regime.
There are evidences, too, that some of the members were
peculiarly susceptible to those mercenary influences which
have been quite potent in the legislative history of so
many of our states when dealing with large corporate
interests. A plan yet more positive was adopted by act
approved September 22, 1868. The rate, or extent, of
endorsement was now increased to sixteen thousand dol-
lars per mile. After the completing and equipment of the
first twenty miles the first bonds should be endorsed and
the endorsement should be repeated at the completion

Acts of Alabama, 1868, p. 198.
Governor's Message, July 14, 1868.

199] Construction of Railroads. 81

of each subsequent five mile section. At this session of
the Legislature was also passed "an Act to authorize the
several counties and towns and cities of the State of Ala-
bama to subscribe to the capital stock of such railroads
throughout the state as they may consider most conducive
to their respective interests." 47 The question of " Sub-
scription " or " No subscription " was to be determine by
the vote of " qualified electors " of the counties and
towns whenever the president and directors of a railroad
company should signify to the authorities (county com-
missioners, or mayors of municipalities) their desire to
obtain loans on subscriptions to stock; then the said
authorities were to order elections to be " conducted in
the same manner and by the same officers as are now
provided by law." If the vote should declare for " No
subscription " it is declared lawful for the authorities
to order a second election if the interested railroad
company should make another application within twelve
months. If a majority of the qualified voters declare
for " Subscription " then bonds, to the extent of the
amount voted, are required to be issued to the company in
exchange for certificates of stock. The interest on the
bonds is to be met by a tax levied and assessed by county
commissioners or municipal authorities. The latter were
given full power of procedure against the " tax-assessors
and collectors and their sureties " for the amount of said
taxes which they might fail or refuse to assess and collect.
To put these loans or subscriptions on a firm basis the
Legislature, by act approved March i, 1870,48 "legalized,
ratified and confirmed in all respects " all acts and things
of every kind heretofore done and performed in this state
for railroad purposes, in substantial compliance with the
provisions of the act of December 31, 1868. Under this
act of 1868 many of the counties and municipal localities

47 Acts of Alabama, 1868, p. 514.
iH Acts of Alabama, 1869-70, p. 286.
6

82 Internal Improvements in Alabama. [200

in Alabama became liberal subscribers to railroad enter-
prises and incurred debts from which many have not even
yet succeeded in extricating themselves, and no dividends
have, as a rule, accrued to the shares owned in the railroad
stocks.

The above loans authorized to be made by the state were
to be secured by " first mortgage bonds." In 1869 the
State Auditor referred to the fact that the value of roads
which had secured loans, including all main and side tracks,
all rolling stock, in fact, " everything that could be em-
braced by a first mortgage bond," was less than thirteen
thousand dollars per mile, " full, fair and just valuation as
per affidavits of the Presidents and Secretaries of the roads."
He emphasizes the danger threatening the state from mak-
ing loans at the rate of sixteen thousand dollars per mile,
and urges that the law should be repealed.40 Governor
Smith, though an enthusiast for state aid, thought the law
was too broad, and forced the state to aid in constructing
local schemes of rival and jealous communities. As no end
to the loans was in sight he recommended that the law be
repealed.60 The Legislature, however, did not concur in
this view. " The railroads again triumph in the struggle.
It is not my province to inquire how that triumph was
effected," said Governor Lindsay in referring to the pro-
ceedings of this body.51

The general endorsement system was re-enacted,62 and
additional and special aid was granted to four railroads as
follows:

South & North Alabama Railroad Company, $6,000 per
mile added to former endorsement, thus making $22,000
per mile for this road.53

49 Auditor's Report, October 1, 1869.
so Message of Governor, November 16, 1869.
51 Message of Governor Lindsay, January 24, 1871.
62 Act approved by Governor Smith, February 21, 1870. Acts of
Alabama, 1869-70, p. 149.
cs March 3, 1870, Ibid., p. 374.

201] Construction of Railroads. 83

Alabama & Chattanooga Railroad Company, granted a
loan of $2,ooo,ooo,M this in addition to the endorsement
already made by the state.

Montgomery & Eufaula Railroad Company, granted a
loan of $300,000 in addition to the regular endorsement of
$16,000 per mile.55

Mobile & Montgomery Railroad Company, Governor to
endorse on the part of the state bonds to the extent of
$2,5oo,ooo.56

In his message of January 24, 1871, Governor Lindsay
informed the Legislature that it was impossible to ascertain
" to what extent bonds under the various statutes have
been endorsed and issued by the state. Neither in the
executive office, nor in any other office of the government,
can be found a record of the action of the executive in
this regard. I have no knowledge of the form of the
bonds, except those of the Montgomery & Mobile and of
the Montgomery & Eufaula Railroads; and, unless from
rumors or unofficial information, I cannot even suppose
the number of bonds endorsed to any company, the time
when and where payable, or whether endorsed or issued
according to law." 57 In this state of confusion the finances
of Alabama remained until final adjustment was made
during the administration of Governor S. Houston. The
latter, on December 7, 1874, in a message to the Legisla-
ture,58 recommended the enactment of a law providing for
the ascertaining and final adjustment of the state's in-
debtedness. In practical conformity to the plan there sug-
gested, the Legislature passed an act 59 authorizing the
Governor to act as an " ex-officio member," with two others
whom he should appoint, of a " board of commissioners,"

M February 25, 1870, Ibid., p. 175.
65 March 3, 1870, Ibid., p. 376.

56 February 25, 1870, Ibid., p. 175.

57 House Journal, 1870-71.

68 Senate Journal, 1874-75, P- 106.

B9 Approved December 17, 1874. Acts of Alabama, 1874-75, P- I02-

S-i Internal Improvements in Alabama. [202

whose duty it should be to " ascertain, liquidate and adjust
the subsisting legal liabilities, of the State of Alabama" the
adjustment and settlement to be " approved and ratified
by the General Assembly " before it becomes binding on
the state. Levi W. Lawler and T. B. Bethea were appointed
by Governor Houston and with him constituted the Board
of Commissioners by which the settlement was finally
arranged with the railroad companies.

The Commissioners, after having been engaged about
twelve months in this work, submitted their report 60 to the
Legislature on January 24, 1876. Owing to the incom-
pleteness of the records of the bonds issued and endorsed,
the Commissioners addressed inquiries to the bondholders
through papers published in Alabama, New York and
London. All creditors of the state were requested to
present their claims for adjustment. It was thus ascer-
tained that the indebtedness of the state was $30,037,563,
an amount " equal to one-fifth of all the property of the
people " of the state.61 Of this amount a large share was
incurred in the interest of railroad building, and was dis-
tributed as follows:62

Alabama and Chattanooga Railroad G3 $7,300,000.00

Selma, Marion and Memphis 765,000.00

New Orleans and Selma 320,000.00

Selma and Gulf 640,000.00

East Alabama and Cincinnati 400,000.00

Montgomery and Eufaula 84 1,580,000.00

Savannah and Memphis 142,000.00

$11,147,000.00
Unpaid interest due on these bonds to January 24,

1876 $3,474,000.00

$14,621,000.00

60 Senate Journal, 1875-76, p. 202-32.

61 Ibid., p. 218. r'"- Ibid., p. 214.

03 Endorsed bonds $5,300,000 plus $2,000,000 straight bonds. The
endorsed bonds exceeded by $580,000 the maximum amount author-
ized by any possible construction of the laws.

C4 Endorsed bonds $1,280,000 plus $300,000 straight bonds.

203] Construction of Railroads. 85

In addition to this amount, straight seven per cent inter-
est-bearing bonds were held by the following railroads:65

South and North Alabama $ 732,000.00

Grand Trunk 220,000.00

Savannah and Memphis 204,000.00

$1,156,000.00

We thus have an indebtedness of $15,777,000.00 to be
adjusted by the Commissioners. The latter in their report
recommend the following plan of adjustment: For the
$5,300,000.00 endorsed bonds of the Alabama & Chatta-
nooga Railroad were to be issued $1,000,000.00 in "new
state direct bonds," bearing interet at four per cent and
maturing in thirty years from their date. The $2,000,000.00
of " straight " bonds loaned to the Alabama and Chatta-
nooga Railroad were to be returned and delivered to the
state of Alabama, and in exchange for these bonds the
state should surrender all bonds and mortgages he id
against the road. Thus Alabama was to relinquish all
claims to lands m and all other property belonging to the
road, and in return was to be released from all liabilities
to the road except the $1,000,000.00 new bonds to be issued.67

65 An act of April 21, 1873 (Acts of Alabama, 1872-73, p. 45) au-
thorized the Governor to issue these straight bonds atTthe rate of
$4,000 per mile to such roads as would relinquish all their endorsed
bonds. Only the above three roads saw fit to make the exchange.
These direct bonds of $1,156,000 were received by these roads in
exchange for $5,103,000 of endorsed bonds. This latter amount
added to the above sum $11,147,000 gives us a total of $16,250,000
of bonds loaned to, and endorsed for the various railroads during
this period.

66 The state held mortgages on the lands donated by the Federal
Government for the construction of this road.

67 These were " the terms of a proposed settlement by way of
compromise, arrived at after prolonged discussion " between the
Board of Commissioners " and Mr. T. W. Snagge, the standing
counsel of the corporation of foreign bondholders, acting under the
council of the corporation, to confer with the Governor and other
Commissioners." Report of Commissioners, Senate Journal,
1875-76, p. 224.

86 Internal Improvements in Alabama. [204

As to the other five roads for which bonds had been en-
dorsed— (a) Montgomery & Eufaula, (b) East Alabama &
Cincinnati, (c) Selma & Gulf, (d) New Orleans & Selma,
(e) Selma, Marion & Memphis — the Commissioners report
" that there is litigation pending in the courts of this state
and Tennessee of an important character, involving points
of law that will in all probability very materially change the
aspect of what is claimed as the liability of the state upon
its endorsement of the bonds of tho'se companies; and we
trust may result in convincing the holders of said bonds
that their true interest will be best advanced by their accept-
ance of a transfer of the lien of the state created by statute,
and giving to the state a full discharge from these pre-
tended claims against it." 6S

For the $1,156,000.00 direct bonds issued in exchange
for the endorsed bonds under the act of April 21, 1873,
the report recommended09 that new bonds be substituted
" on the basis of fifty cents in the dollar of the principle of
those outstanding, the new bond to have thirty years to
run at five per cent per annum." This plan was adopted
by the Legislature. An act " to ratify and confirm the
settlement of the existing indebtedness of the state, as
proposed in the report of the commissioners " was passed,
hy which the liabilities of the state were reduced to $1,596,-
000.00,™ while it left " open for further settlement the liabil-
ity of the state upon outstanding endorsements for the
five other railroad companies " enumerated above.71 These
latter claims were deemed by the state to be invalid and

68 Senate Journal, 1875-6, p. 217. 09 Ibid., p. 210.

70 $1,000,000 in new bonds to be issued to the Alabama and Chat-
tanooga Railroad Company, designated as " class C " plus $596,000,
the limit set as the aggregate of the bonds (designated as " class
B ") to be substituted for these bonds issued under Act of April
21, 1873. Sections vi-vii and ix-x of the act approved Feb. 23,
1876.

71 Report of the Committee by which the bill was drafted. Senate
Journal, 1875-76, p. 319.

205] Construction of Railroads. 87

were never recognized, though efforts were made for their
collection.

Upon the terms of this law settlement has been made as
the bonds have been presented for exchange, the process
having covered a number of years.72 On September 30,
1897, there were outstanding of these " B " and " C " bonds
$i,544,ooo.oo,73 which now form a part of the bonded debt
of Alabama. By acts approved December 14, 1874, and
March 17, 1875, the Legislature repealed the acts which
had authorized county and state aid to internal improve-
ments.74 The constitution of Alabama, which became opera-
tive December 6, 1875, forbids the state or " any county,
city, town or other subdivision of the state from engaging
in, or encouraging works of internal improvement either by
loans of money or credit, or by becoming stockholders in
such enterprises." Ts And thus ended the last chapter in
the history of public aid to internal improvements in
Alabama.

72 The Auditor's Report (p. 5) of 1893 shows that there had been
issued of "class B" $578,000, leaving $18,000 still to be issued;
and of " class C " $963,000, leaving $30,000 still to be issued.

73 " Class B " $578,000; " class C " $966,000. Auditor's Report,
1897, p. 29.

74 Acts of Alabama,- 1874-75, p. 269.

75 Constitution of Alabama, Article iv, Sections 54-55.

TRUST COMPANIES IN THE
UNITED STATES

Series XX Nos. 5-6

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1 882-1 901 by H. B. Adams.)

J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

TRUST COMPANIES IN THE
UNITED STATES

By GEORGE CATOR

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY
MAY-JUNE, 1902

JOHNS HOPKINS PRESS

THE FRIEDENWALD COMPANY
BALTIMORE, MD.

PREFACE

This paper is not intended to be an exhaustive treatise on
trust companies or on any particular feature of them, but is
simply a brief discourse giving a general outline of the
subject. The first chapter is of a historical character; it
notes, among other things, the use of the term " trust " in
titles of different corporations and refers to the develop-
ment of trust companies in New York, Philadelphia, Bos-
ton and Chicago. Then follows a discussion of the func-
tions exercised by trust companies and of their regulation
by the State. The concluding remarks are a summary of
what precedes, along with suggestions as to some of the
causes leading to the growth of these institutions and the
present place occupied by them; in this part, and else-
where, a few criticisms and speculations are ventured. The
appendices comprise sketches of two of the early trust
companies, schedules of legislation and tables of statistics.
The main paper and the appendices are in a great meas-
ure independent, and yet are somewhat connected, for the
former advances many statements based upon the authori-
ties which are quoted in the appendices, and the latter, in
turn, owe their conception to the impressions formed by
the writer while collecting materials for the essay.

The author realizes that the history of the trust com-
pany movement in the various sections of the country has
been too much neglected in his study, and that the defi-
ciency will be evident even in the rough analysis which he
has attempted. The chief authorities consulted in the
preparation of this work have been the laws of the differ-
ent states and territories, the reports of the banking de-

6 Preface. [270

partments of New York, Pennsylvania and Massachusetts,
of the Auditor of Illinois and of the Comptroller of the
Currency of the United States, the Bankers' Magazine and
the Commercial and Financial Chronicle of New York.
The two journals named publish the proceedings of the
annual meetings held by the Trust Company Section of
the American Bankers' Association and contain many other
items relating to our subject. They have supplied the
principal data for the accounts given of the companies in
New York and Philadelphia, the comments made upon the
functions of the institution in general, and much stated
throughout the essay.

I desire to thank Dr. George E. Barnett of the Johns
Hopkins University, and Mr. Charles H. Porter of Bal-
timore, for their services. I am under obligation to
the Farmers' Loan and Trust Company of New York and
Mr. Albert W. Rayner of Baltimore for the sketches fur-
nished by them. These articles, in Appendices I and II,
give a short history of the two companies, each of which
is often referred to as the oldest trust company in America.
The story of the New York Company is told by that com-
pany, the one of the Pennsylvania Company is mostly a
compilation from its published history. I want to make
particular recognition of the assistance rendered by Dr.
J. B. Phillips of the New York State Library at Albany,
New York, who, besides aiding me in other respects, pre-
pared for me the schedules, in Appendix III, of bank and
trust company legislation.

I must also make grateful acknowledgment for their
many helpful suggestions to those of my friends who were
kind enough to read my manuscript.

Baltimore, May, 1902.

CONTENTS

PAGE

Introduction 9

CHAPTER I.— Historical.

Institutions with Word Trust in Titles 10

Sketch of Companies in New York 13

Sketch of Companies in Philadelphia 15

Sketch of Companies in Boston 18

Sketch of Companies in Chicago 19

CHAPTER II. — Descriptive and Critical.
Functions

(a) Trustee under Will, &c 21

(1) For Real Estate 2.2

(2) For Personal Property 23

(b) Assignee and Receiver 24

(d) Trustee under Private Agreement 27

(e) Transfer Agent and Registrar 27

CHAPTER III. — Descriptive and Critical — Cont.
Auxiliaries to Trust Business

(a) Fidelity Insurance 32

(b) Title Insurance 33

(d) Fiscal Agency 35

(e) Savings Bank 36

(f) Deposit and Discount Bank 37

(g) Promoting 45

CHAPTER IV.

State Regulation 47

CHAPTER V.

Conclusion — Place and Cause of Development 60

Appendix I.— The Farmers' Loan and Trust Co. of New York . 67

Appendix II .—The Pennsylvania Co. for Insurances on Lives, &c. 73

Appendix III.— Schedules 77

Appendix IV.— Tables 106

TRUST COMPANIES IN THE UNITED
STATES

INTRODUCTION

Trust companies act as trustees and execute other forms
of trusts.1 Corporations exercising such powers are not
entirely unknown elsewhere;2 but on account of their re-
markable growth and success in the United States they
have become distinctively an American institution.

Trust companies have existed in this country for more
than three-quarters of a century; their great development,
however, has been within very recent years. They are
not noticed in such books of general reference as the 1883
edition of Appleton's Cyclopedia or the ninth edition of
the Encyclopaedia Britannica. About the time of the issue
of these works, trust companies began to attract more at-
tention, and articles upon them are found in Appleton's
Annual for 1885 and in the American Supplement of the
Britannica.

1 Standard Dictionary; trust company, "a corporation whose
business is to receive and execute trusts."

2 Bankers' Magazine, New York, vol. 59, page 714. vol. 63, page
844. Commercial and Financial Chronicle, New York, vol. 70,
No. 1802, page iii. Bankers' Magazine, London, vol. 56, page 165.

CHAPTER I
HISTORICAL

Institutions with Word Trust in Titles.

For a long time there appears to have been a more or
less vague meaning attached to the word " trust " in the
titles of corporations. In some respects there is at pres-
ent greater confusion than ever, for the great industrial
combinations which now occupy public attention are gen-
erally known as trusts.3 Part of the popular prejudice
existing against trust companies is due to this fact. The
term in the sense of an industrial combination has a differ-
ent meaning from what it has when used in connection with
trust companies. A trust or combine conducts business
solely on its own account, whereas a trust company, as
such, manages the property of others.

A trust company is at present a distinct institution,
nevertheless it must not be supposed that, because a com-
pany has the word trust in its official name, this necessarily
indicates a corporation with the power to act as trustee.
The term trust has long been used for titles of financial
institutions, and has often been adopted with no other idea
than that of signifying strength and inspiring confidence.
The choice has not always been a proper one. Such was
the case with the North American Trust and Banking Com-
pany of New York, whose failure some fifty years ago was
referred to in the London Times of that day, as one of the
numerous instances in the United States where there had

8 Standard Dictionary: trust, "a combination of interests for the
purpose of regulating and controlling by means of a common au-
thority the use, supply, or disposal of some kind of property."

275] Historical. 11

been gross mismanagement in financial matters.4 The
company had given its notes, bearing interest and secured
by collateral, for a loan negotiated in England; and after it
had failed, long litigation ensued for the possession of the
collateral securities. The court at first held that the trust
was void, and that the securities must be surrendered to
the receiver; as a bank could only issue notes which were
payable on demand and bore no interest.5 This decision
was finally reversed, and the English creditors were afford-
ed protection.6 It is interesting to note that there has
been litigation in recent years on account of trust com-
panies receiving deposits subject to check.7

As another example, we may refer to the Ohio Life
Insurance and Trust Company, whose suspension in 1857
precipitated the panic of that year.8 There are many illus-
trations in the past, as at present, that the titles of banks
are often misleading, and that their names have at times
been selected for the purpose of deception. In the list is
the Wisconsin Fire and Marine Insurance Company,9 of
Milwaukee, a corporation that operated largely as a bank
O'f issue in Chicago before the Civil War, and continued as
an important financial institution in the West until it failed
during the panic of 1893. The famous Manhattan Com-
pany10 was formed in 1799 ostensibly as a company to sup-
ply the city of New York with water, and now under the
perpetual charter that was granted a century ago does a
large banking business.

4 Bankers' Magazine, New York, 1847, vol. 1, page 524.

5 Bankers' Magazine, New York, 1847, vol. 1, page 227; 1849, vol.
4, page 596; 1852, vol. 7, page 340.

0 Bankers' Magazine, New York, 1857, vol. 12, page 141 ; 1858,
vol. 13, page 202. 7 Note no.

8 History of Banking, Knox, 1900, p. 684. Bankers' Magazine,
New York, vol. 13, p. 567; vol. 15. p. 313.

9 Rhodes Journal of Banking, vol. 20, pp. 810, 886. Money and
Banking, Horace White, 1896, p. 387. History of Banking, Knox,
1900, p. 740.

10 Bankers' Magazine, New York, vol. 3, pp. 137, 678. Report
of New York Superintendent of Banking, Dec. 27, 1899, p. 134-

12 Trust Companies in the United States. [276

It is not surprising that, with this freedom in the choice
of names for banks, trust, a term of attractive significance,
has been employed. A company with such a title readily
suggests to the mind a safe depository for trust funds.
The Attorney-General of New York in 1850, in a written
opinion, spoke of savings banks as trust associations acting
under corporate powers for the security of deposits.11 In
the Encyclopaedia Britannica 12 a trust association is des-
cribed as an institution which borrows money on deben-
tures and invests the proceeds in loans of foreign states or
similar securities. A high rate of interest is promised the
investor, on the principle that the numerous investments
of the association are on the average safe and yield a good
income. As stated, the regular trust companies are not
noticed in the Britannica.

When the early corporations were formed with powers
to act as trustees, the feature was not considered of suffi-
cient importance to constitute an independent business of
itself or to establish a peculiar institution. The first char-
ters, allowing the trust privilege, were given to insurance
companies;13 and for a long time the trust and insurance
businesses were carried on together. Even when they be-
gan to be conducted separately, they were popularly re-
garded as the same class of operations; and this was
particularly the case as to life insurance.

The United States Trust Company of New York was
chartered in 1853; and, although it did not underwrite in-
surance risks, it was regarded at the time much the same
as a life insurance company. The Bankers' Magazine14
of 1856 calls the latter institution a trust company. It is
an important trust, the magazine says, for it holds the
savings of thousands of people to whom it has issued

11 Bankers' Magazine, New York, vol. 4, p. 954.

12 Encyclopaedia Britannica, Article " Banking,-' vol. 3, page 328.

13 Farmers' Fire Ins. and Ln. Co., note 21. N. Y. Life Ins. and
Trust Co., note 22.

14 Bankers' Magazine, New York, vol. 9, p. 324.

2??] Historical. 13

policies, and so assumes contracts which will in the end
involve the payment of millions of dollars of trust funds.

At present a trust company is something more definite.
With the growing importance of corporate bodies, the
trust company has its part to perform. It is a corpora-
tion that receives and executes different forms of trusts;
although, with many companies bearing the title, the word
has not this significance.

In some states where no regulation exists to prevent,
small concerns formed for advancing loans on furniture
while in use, on salaries, and on such classes of security,
select high-sounding names for their titles, and " trust,"
" guaranty," " loan," and the like, serve their turn with
them. In New York 15 there existed for some years a re-
striction which prevented, except under the Banking or the
Insurance Law, the formation of corporations with certain
terms in their titles; until 1900, trust was not included in
the list.16 The omission was taken advantage of in the
meantime, and, although under the Banking Act a trust
company could not be organized in the Empire City with
a capital of less than a half million dollars, under the Stock
Corporation Law a company, having the word trust in its
name, was formed to do an agency business with a capital
of one thousand dollars.

Trust Companies in New York.17

The claim has been made that the first trust company in
the United States was the Pennsylvania Company for In-
surances on Lives and Granting Annuities, a corporation
started in Philadelphia and still located there.18 This com-
pany was chartered in i8i2,19 but did not receive definite

15 Report of New York Superintendent of Banking, Dec. 27, 1899,
p. xxix.

16 New York Corporation Law, 1900, Sec. 6. Schedule xviii.

17 Bankers' Magazine, New York, vol. 59, p. 718.

18 Report of Pennsylvania Bank Commissioners, Part I, 1901,
p. 655. Appendix II.

19 Laws of Pennsylvania, March 10, 1812, Chap. 64.

14 Trust Companies in the United States. [278

powers from the legislature to act as trustee until 1836; 20
whereas the privilege was granted in New York to one
company in 1822, and to another in 1830.

The Farmers' Loan and Trust Company, of New York,
was incorporated in February, 1822, under the title of the
Farmers' Fire Insurance and Loan Company, and later in
the same year was empowered to execute all lawful trusts.21
This appears to have been the first corporation in the
United States to' act as trustee. Another company in the
state to be granted the power was the New York Life
Insurance and Trust Company,22 which was chartered with
the right in 1830, and consequently antedated the Penn-
sylvania Company in this respect. The United States
Trust Company 23 was chartered in 1853, and the Union
Trust Company24 in 1864. These four corporations are
still in existence and among the great companies of the
metropolis.2"

For a number of years there continued to be very few
trust companies in New York; and in 1874, when they
had become more prominent and were first brought by a
general law under the supervision of the Banking Depart-
ment of the state,26 only eleven27 of them were in that
city. Ten or twelve years after this,28 the period set in
that marked their growth, and in 1901 there were in New
York and Brooklyn forty companies with combined capi-
tal, surplus and undivided profits of about one hundred and
forty million dollars and resources of over nine hundred

20 Laws of Pennsylvania, Feb. 26, 1836, Act 25.

21 Laws of New York, Feb. 28, April 17, 1822, Chap's 50, 240.
Appendix I.

22 Laws of New York, March 9, 1830, Chap. 75.

23 Laws of New York, April 12, 1853, Chap. 204. Note 14.

24 Laws of New York, April 23, 1864, Chap. 316. Note 146.

20 Report of New York Superintendent of Banking, July 1, 1901.
28 Bankers' Magazine, New York, vol. 61, p. 787. Schedules VII
and VIII.

27 Commercial and Financial Chronicle, New York, Jan. 10, 1885;
vol. 40, No. 1020, p. 42. Table I (N. Y. State).

28 Bankers' Magazine, New York, vol. 43, p. 659; vol. 45, p. 852.

279] Historical. 15

million dollars, exclusive of the enormous amount com-
prised in the trust estates under their control.29

Prior to 1887 trust companies we created by special
charters.30 In this year the Trust Companies Act was
passed providing a general law for their formation. With-
in five years thirteen new companies were incorporated
under this law and one company with an old charter com-
menced business.

Subsequent amendments to the laws of the state have
placed the trust companies on an equal footing with the
banks in regard to loans and discounts.31 By the act of
1901 the rates of taxation are fixed about the same for
both institutions."

The first corporations ^ that acted as trustees were not
permitted to engage in banking, or, if allowed to accept
deposits, were apparently given the power only for trust
purposes. The trust companies of the present day make
banking a main feature, and are not restricted as the banks
are, in regard to investments or reserves for deposits.34

Trust Companies in Philadelphia.35

The first two trust companies in Philadelphia were the
Pennsylvania Company,36 already alluded to, and the Girard
Life37 Insurance, Annuity and Trust Company, chartered

29 Companies in New York and Brooklyn; Report of New York
Superintendent of Banking, July 1, 1901.

30 Laws of New York, June 8, 1887, Chap. 546; Bankers' Maga-
zine, New York, vol. 59, p. 718. Schedule V.

31 Laws of New York, May 18, 1892, Chap. 687, §19. Banking
Law of New York, Art. IV, Sec. 156, 2. Bankers' Magazine, New
York, vol. 59, p. 719. Schedules II and XIII.

32 Bankers' Magazine, New York, vol. 62, p. 741. Schedule XVII.

33 Notes 19 to 23.

34 Banking Law of New York, Art. II, Sec. 43 and 44. Political
Science Quarterly, June, 1901, p. 250, article " Trust Companies,"
by A. D. Noyes. Schedules XII and XIV. See pages 43, 44.

35 Bankers' Magazine, New York, vol. 59, p. 713.

36 Notes 19 and 20.

37 Laws of Pennsylvania, March 17, 1836, Act 41.

16 Trust Companies in the United States. [280

in 1836. Both corporations were empowered in the last
named year to receive real and personal property in trust,
but were forbidden to exercise banking privileges. After
the Pennsylvania Company had been granted the right to
execute trusts, the Girard Company was chartered with the
same powers. In 1853 the former38 was authorized to act
as administrator and executor, and in 1855 the latter39 was
allowed to do so. By the law of 1856 40 foreign trust com-
panies could, under certain conditions, be represented in
the state, but none took advantage of the privilege; and as
no other domestic companies entered the field until 1865,
the two original companies remained without competitors
up to that time. In the eight years following about thirty-
seven new charters were granted; very few of them, how-
ever, were used. It was at this period that the life insur-
ance and trust businesses began to be carried on separately.
In 1866 the Fidelity Insurance, Trust and Safe Deposit
Company a was incorporated. It was the first company in
Pennsylvania that had the power to underwrite fidelity in-
surance. This business " has since constituted an import-
ant branch in most Pennsylvanian companies." In some
states *" the two classes of operations are not combined.

The constitution of Pennsylvania of 187343 required that
all future corporations should be formed under general
laws, and this provision led to the passage of the General
Corporation Act of 1874.44 No reference was made in that
act to trust companies, an omission which has been held
to be due to a lack of interest in the matter and not to any
hostility to such companies. This apparent oversight pre-
vented the formation of new companies until 1881, when

38 Laws of Pennsylvania, March 26, 1853, Act. 164.

39 Laws of Pennsylvania, Feb. 15, 1855, Act 40.

40 Laws of Pennsylvania, April 9, 1856, Act 300, Sec. I.

41 Laws of Pennsylvania, March 22, 1866, Act 257.

42 Schedule I.

43 Constitution of Pennsylvania, Art. Ill, Sec. 7.

44 Laws of Pennsylvania, April 29, 1874, Act 32, Sec. 2

281] Historical. 17

the law was amended to correct the defect. In 1881 there
were eight trust companies in the Quaker City. In 1901 *
there were forty-four companies with combined capital,
surplus and undivided profits of about seventy million dol-
lars.

By the amendment of 1881 to the Corporation Act the
title insurance companies were given trust, surety and safe
deposit powers, and were permitted to receive on deposit
and in trust both real and personal property.46 The law
of 1881 forbids trust companies doing a banking busi-
ness,48* and requires them to keep trust funds separate from
their own assets.47

Trust companies in Philadelphia receive demand de-
posits, but it has been until recently a mooted question,
whether they have had the legal right to do so. The Bank-
ers' Magazine,48 in 1898, called attention to the fact that
under the provisions of the constitution of Pennsylvania
no corporation with banking and discount privileges could
be organized without three months' public notice at the
place of intended location.48 The legislature, this authority
remarked, could not dispense with a constitutional require-
ment, and on general principles it was to be supposed that
the trust companies had not given the necessary notice.
No decision construing the term " banking," as used in
the constitution, had come under observation; but the
opinion was expressed that it would be held to mean, among
other things, receiving, like the banks, deposits subject to
check. The law of 1885 gave additional powers to trust
companies; necessarily this particular privilege, the article

45 Report of Commissioner of Banking of Pennsylvania, 1901,
Part I.

4* Laws of Pennsylvania, May 24, 1881, Act 26, Sec. 1. Schedules
I and V.

^ Laws of Pennsylvania, May 24, 1881, Act 26, Sec. 1.

47 Laws of Pennsylvania, May 24, 1881, Act 26, Sec. 5. Bankers'
Magazine, New York, vol. 59, p. 717. Note 29.

43 Bankers' Magazine, New York, 1898, vol. 56, p. 100.

49 Constitution of Pennsylvania, Art. 16, Sec. 11.
20

18 Trust Companies in the United States. [282

said, would not be implied if in violation of the constitu-
tion. Under a decision, rendered by a federal court in
1900, trust companies in Pennsylvania may legally receive
demand deposits.60 Such being the case, these companies
have full banking powers,51 except those of discounting
paper and of issuing bank notes.

Trust Companies in Boston.

The first trust company in Massachusetts was the New
England Trust Company, chartered in April, 1869, by a
special act of the legislature.52 It was empowered to exe-
cute trusts, to receive money on deposit and to make loans
on real estate and other securities. The following compa-
nies were later granted similar privileges by the legislature ;
the Northampton Loan and Trust Company 53 in 1870,
(this became in 1875 the Massachusetts Loan and Trust
Company, of Boston),54 and the Boston Safe Deposit and
Trust Company in 1874.55 These companies were required
by their charters to make reports to and be examined by
the Commissioners of Savings Banks. In 1874 the Com-
missioners stated in their report that the companies named
did an ordinary banking business, except the Northampton,
which did not receive deposits.56

A general law was passed in 1888 providing for the in-
corporation and regulation of trust companies. Under
this act, corporations may be formed with powers like those
of the earlier trust companies; they may invest in the same

50 105 Federal Reporter (U. S.), 491. (Case of Bank of Saginaw
vs. Title and Trust Co., U. S. Circuit Court of Penna., Dec. 26,
1900); Bankers' Magazine, New York, vol. 62, p. 561.

01 Schedule II.

02 Laws of Massachusetts, 1869, Chapter 182.
58 Laws of Massachusetts, 1870, Chapter 323.
M Laws of Massachusetts, 1875, Chapter 16.

65 Laws of Massachusetts, 1867, Chapter 151; 1874, Chapter 373.
60 Report of Massachusetts Commissioners of Savings Banks,
1874, P- 176.

283] Historical 19

securities as the savings banks — the only state banks in
Massachusetts — and may loan money on collateral. Trust
companies are under the supervision of the commissioners
of savings banks."

In 1898 there were thirty-four companies in the state
authorized to execute trust powers, but only eleven had
trust departments.58 In 1901 59 there were in the state
thirty-six companies of the former and fifteen of the latter
class, and in the city of Boston the figures were respectively
seventeen and eight.

Trust Companies in Chicago.

Many banks were incorporated by the legislature of
Illinois between 1855 and 1870 with the word trust in their
titles. Although these institutions were generally em-
powered to " accept and execute trusts," banking was the
main feature of their charters.

The Merchants' Loan and Trust Company, chartered in
J857, was one of the earliest companies of importance in
the state to act as trustee.00 As was the case with other
companies of this class, it was authorized to engage in
banking, except the issue of notes. Among the early cor-
porations exercising similar banking and trust powers were
the Chicago Loan and Trust Company,61 chartered in 1857,
and the Real Estate Loan and Trust Company,82 in 1861;
both are out of existence.63

The constitution of 1870 M required the incorporation of
banks and trust companies under a general law. No action

57 Laws of Massachusetts, 1888, Chap. 413. Schedules VII and
VIII.

58 History of Banking, Knox, p. 370.

69 Report Massachusetts Commissioners of Savings Banks, 1901.

60 Private Laws of Illinois, 1857, p. 82.

61 Private Laws of Illinois, 1859, p. 401.

62 Private Laws of Illinois, 1861, p. 462.

63 Not in Report of Auditor of Illinois, Dec. 11, 1901.

64 Illinois Constitution, Art. XI, Sec. 5, 6, 7, 8.

20 Trust Companies in the United States. [284

was taken in regard to trust companies until 1887, when
banking laws were passed under which banks and other
authorized companies were granted trust powers upon the
proper deposit of securities with the auditor of the state.05
In Illinois the trust companies, as such, do not have bank-
ing powers, but banks may qualify under the trust act, thus
combining the powers of a bank and trust company.

In 1901 eighteen home banks and companies and six
foreign companies were qualified to execute trusts in the
state. In the same year there were two Chicago trust
companies operating under the General Corporation Law
and six under the Banking Law; the latter class had
capital, surplus and undivided profits amounting to about
$i8,ooo,ooo.60

65 Illinois Revised Statutes, 1901, Chap. 32, §§129-147.

66 Report of Auditor of Illinois, Dec. 11, 1901.

CHAPTER II

FUNCTIONS OF TRUST COMPANIES67

Trust companies exercise, among other powers, those
of trustee, executor, administrator, guardian, committee,
receiver, assignee, transfer agent, registrar, investment
agent, fiscal agent, promoter, underwriter, &c. They do
also a guarantee, safe deposit and general banking busi-

(a) Trustee under a Will, Executor, etc.68

In former times, when a man was about to make a will
disposing of his property after death, he would recall to
mind his acquaintances, and from their number would
make a choice of one or more, best qualified in his opinion
to settle his estate, or to act as trustee or guardian for
certain wards. On account of unwise selections, the bene-
ficiaries under wills frequently suffered loss.

It is said that this difficulty has been overcome by hav-
ing corporations with large capital to act in such capaci-
ties; and, without doubt, much good has been accomplished
by these institutions. A great trust company has a capital
and surplus which are imposing. With the large volume
of business under its charge it can establish special and
well organized departments, by means of which trust
estates may be intelligently managed and complete records
in regard to them kept. A bonding company, however,

67 Commercial and Financial Chronicle, New York, Bankers' and
Trust Supplement, Sept. 3, 1898; Articles of Trust Co. Section.

68 Commercial and Financial Chronicle, New York, Bankers' and
Trust Supplement, Sept. 3, 1898, pp. 63, 71. Bankers' Magazine,
New York, vol. 57, pp. 528, 536, 545.

22 Trust Companies in the United States. [286

may now guarantee the financial responsibility of an indi-
vidual, and, at times, it is proper to select an individual
rather than a corporation as executor or trustee.

(i) Trustees for Real Estate.

Differences of opinion exist as to whether an individual
as the trustee, or a trust company, manages real estate
better. The impression prevails with some that an individ-
ual generally gives more attention to small details, and
makes closer investigations when tenants desire changes or
repairs made to property. The result is, it is contended,
that frequently he either refuses altogether the request for
an improvement on a house, or makes a less expenditure
answer; whereas, under similar circumstances, a trust com-
pany grants all that is asked.

On the other hand, the claim is made that the agent of a
corporation is not likely to consent to extravagant outlays.
The reason advanced is that this person must submit his
work to the supervision of higher officials who are removed
from the influence of sentiment and regard all transactions
from a business point of view. It is further held that the
individual as trustee, having the sole authority to render
a final decision, is more subject to be swayed in an un-
guarded moment by the personal appeal of an applicant to
whom he is easily accessible.

It may be that the individual as trustee makes greater
effort than a trust company to reduce expenditures, never-
theless a more liberal policy may, as a rule, be wiser. Lib-
erality may tend to keep tenants, while the opposite course
may drive them away. When an old tenant leaves, usually
the property must be improved to secure a new one, and
possibly at greater expense than may have been necessary
to have kept it occupied; besides, there is to be considered
the loss of rent, while the premises have been idle.

The question resolves itself at last in this, as in other
business matters, into one of honest and intelligent man-

287] Functions of Trust Companies. 23

•agement of each particular case. It is, however, a belief
of some whose opinion should have weight, that better
results are generally obtained from this class of property
under the care of individuals than under that of corpora-
tions.

(2) Trustee for Personal Property.

Some contend that a trust company as trustee may dis-
pose of the houses and lands at a sacrifice in order to dis-
tribute the proceeds of an estate without delay, or to make
investments in personal property, because the latter can be
handled with less trouble and at greater profit.

A trust company is in a favorable position to decide in-
telligently about the various securities on the market. It
should unquestionably be better informed in this respect
than is ordinarily a private individual, most of whose time
is occupied with matters of an entirely different character.
The point is made that a company may use its office as
trustee to unload securities in which it is interested. The
weakness of human nature may be counted upon, and
perhaps the judgment of officials is at times influenced in
an undue manner to turn over to an estate securities with
which their company has been connected in floating. The
dividends of a trust company are often largely increased
by the liberal commissions which it receives for under-
writing various schemes; and it is advantageous to have
a place to dispose of the investments acquired. Injury
may be done to an estate in this way; but such is not
necessarily the case, for transactions of this kind may
occur without loss to the beneficiaries of a trust.

A claim made in favor of the companies as executors,
trustees, guardians, etc., is that their great wealth and
prominence put them in position to command ample funds
for the protection or development of interests committed
to their care. Individuals in these capacities have often
acted liberally, and, on account of friendship, have made
large advances and assumed personal risks. An individual,

24 Trust Companies in the United States. [288

as guardian of minors or of incompetent persons, may, for.
special reasons, feel a deeper concern in his ward than will
the officials of a corporation.

An individual may be better able than a corporation to
evade the payment of taxes upon an estate.68 This fact, at
times, has its influence in the selection of an executor or
trustee.

As seen in the brief survey, advantages rest in certain
instances with an individual in these fiduciary relations.
Nevertheless, if one will weigh the uncertainties as to ca-
pacity, responsibility, integrity and duration of life, it will
often be decided that better results may be expected from
a large and conservatively managed trust company than
from an individual, especially in cases covering long
periods of time.

(b) Assignee and Receiver.70

Much that has been said in this discussion relative to
executors and trustees under wills applies to assignees and
receivers. In the receivership of railroads the choice has
usually fallen upon individuals. Many of the great rail-
road systems of the country have in late years gone into
the hands of receivers; and although trust companies
have been prominent during this period, individuals have
generally, if not always, been appointed by the court to
take charge of affairs. Under the present arrangements,
by cooperating with the receivers, trust companies and
other banking concerns have reaped great benefits, and in
reorganizations of bankrupt railroads they have found a
lucrative business.

00 Laws of Maryland, 1890, Chap. 544, p. 658. (Trust companies
are required to report to the Tax Commissioner the trust funds
in their care, so that these funds may be assessed for taxes.)

70 Commercial and Financial Chronicle, New York; Bankers' and
Trust Supplement, Sept. 3, 1898, p. 68. Bankers' Magazine, New
York, vol. 57, p. 533.

289] Functions of Trust Companies. 25

Trust companies have almost entirely absorbed the busi-
ness of acting as trustees under the mortgage deeds of
railroad and industrial corporations. This is an improve-
ment over the old practice of having individuals serve in
this capacity.

Bonds are frequently issued for long terms, and trustees
without a corporate existence would probably not live to
the expiration of the trust. A company has generally a
greater prominence than an individual, and its legal resi-
dence may be more easily determined. The bonds of rail-
roads and other corporations have often a market of more
than national extent, and it is important as regards the sale
of the securities, as well as the protection of the eventual
holders, to select proper trustees. But a trustee, as such,
does not act as a guarantor of the bonds in case of default.

In certifying to an issue of bonds, the trust company
that acts as trustee affixes to each bond a trustee's cer-
tificate. The form of such certificate may be:

Trustee's Certificate

(i) This bond is one of the series of bonds described in
the mortgage or deed of trust within mentioned,
(name of trust company)

Trustee.
Or the body of the form may be somewhat as follows:

(2) It is hereby certified that this bond is one of a series

bonds of dollars each, secured by the within

mentioned mortgage or deed of trust.

(3) (Name of trust company) as trustee hereby certifies
that this bond is one of a series of bonds men-
tioned and described in and secured by the mortgage within
referred to.

n Bankers' Magazine, New York, vol. 61, p. 780.

26 Trust Companies in the United States. [290

(4) (Name of trust company) hereby certifies that this
bond is one of a series of bonds described in the mortgage
or deed of trust within mentioned, and has been certified by
this company in accord with the terms of said deed of
trust.

(5) This bond is one of a series bonds of

Company issued under the mortgage executed by said
company to the undersigned as trustee, dated and referred
to in such bond.

Some trust companies have a word like " guarantee " in
their titles.72 When this is the case, the trustee's certificate
may be specially misleading as an indication that it is a
guarantee of the payment of the bond.

A trustee may limit very narrowly his liability by a state-
ment of the fact in the deed of trust. It is the business of
a trust company to protect itself when serving in this ca-
pacity. Nevertheless, as a particular trustee may be
chosen to give standing to a security, the limitations of the
liability should be so stated that the terms may be easily
observed and understood by an ordinary purchaser. There
should be used no equivocal or misleading expressions.
As regards a certain class of bonds, it may not be right to
obligate the trustee to attend to the recording of the deed.
But, if a trust company assumes the office of trustee under
a mortgage deed of a railroad or industrial corporation, it
seems proper to make it the legal duty of the trustee to see
that the deed has been recorded in due form, and that the
recitals contained in the same are substantially correct.
Where securities change ownership simply by delivery of
hand and are extensively dealt in, as is the case with these
bonds, each indorsement that is made upon them by a re-
sponsible company to promote their sale should carry with
it the proper legal liability. There should be no escape

72 Guaranty Trust Co. of New York; Baltimore Trust and Guar-
antee Co.

291] Functions of Trust Companies. 27

through the employment of indefinite terms, or of expres-
sions, clear in themselves but easily overlooked or misun-
derstood on account of the manner of presentation.

(d) Trustee under Private Agreement.73

Trust companies act as trustees under private agree-
ments, and almost their entire trust business, except that
which is done under the order of the court, is of this char-
acter. Their powers in these numerous instances neces-
sarily vary with the conditions of the trust. Whether an
individual or a corporation may be the proper choice will
especially depend upon the circumstances attending each
particular case.

Where large corporate and individual interests have
been concerned, trust companies, in recent years, have
occupied a conspicuous place as trustees. In the reorgani-
zations that have resulted from railroad and industrial com-
binations and in the promotion of new industries, these
companies have become the depositories of bonds, titles and
equities of corporations, firms and individuals. Although
they have not been absolutely necessary for the develop-
ment of the enterprises with which they have been con-
nected, they have been important factors.

Trust companies act under private agreement as transfer
agents and registrars of corporations; and this feature will
be discussed next under a separate head.

(e) Transfer Agent and Registrar.74

The duties and responsibilities of transfer agents and
registrars are similar. A transfer agent transfers the

TS Commercial and Financial Chronicle, New York, Bankers' and
Trust Supplement, Sept. 3, 1898, p. 70. Bankers' Magazine, New
York, vol. 57, p. 525.

74 Commercial and Financial Chronicle, New York, Bankers' and
Trust Supplement, Sept. 3, 1898, p. 58. Bankers' Magazine, New
York, vol. 57, p. 514; vol. 61, p. 756.

28 Trust Companies in the United States. [292

stock of a corporation; that is, upon request, it passes
upon the evidence of the transfer of title, and when such
evidence is considered satisfactory, issues a new certifi-
cate. A registrar keeps a register or record of all the
stock issued. A corporation may employ both agencies,
the registrar acting as a check upon the transfer agent.

The practice of having transfer agents, though older
than that as to registrars, appears to be modern. The
growth is on* incident to business requirements. It may
not always be convenient for a company to have the dele-
gated officers at hand to transfer the stock. It may be de-
sirable to have a transfer office in a different place from
the main office, or to have more than one transfer office.

The custom of employing a registrar is due, according
to one authority, to the fact that in New York, some
years ago, a transfer agent of a railroad company, who
was also its president, was guilty of an over-issue of the
stock of the company.75 Disclosures made in the investi-
gation of this affair and irregularities of a similar character
in other corporations finally had effect. In 1869 the New
York Stock Exchange passed a rule requiring all stocks
dealt in upon that exchange to be properly certified to by
a responsible registrar.

The appointment to such positions may be made simply
by a resolution of the directors of the corporation for
whom these agents act. In the absence of expressed agree-
ments, uncertainty exists about the measure of legal re-
sponsibility assumed in these transactions, except in regapd
to loss arising from glaring neglect of duties. An attorney,
connected with a trust company, has expressed the follow-
ing view: if one of these agents, desiring to protect him-
self, asks his principal for instruction how to act and the
principal refuses to give any orders, on the ground that

75 Commercial and Financial Chronicle, New York. Bankers' and
Trust Supplement, Sept. 3, 1898, p. 61 (New York & New Haven
R. R. Co.).

293] Functions of Trust Companies. 29

the agent in accepting the office is supposed to have known
its duties, it will be difficult to assail the position."5

The investing public is deeply concerned in the work of
these agencies. A certificate of stock, for instance, is
issued; upon it is the indorsement of a well-known bank or
trust company that the certificate is genuine and is what it
is represented to be on its face. Afterwards there proves
to be some irregularity in the issue. In such a case the
innocent holder will, no doubt, feel that he has a just
claim against the party making this authentication; that
the claim should be enforcible by law, and should not be
debarred by a plea set up that the agent has used care in
executing the duties of his office, but has himself been de-
ceived. The statement is made that certain brokers of
prominence have been under the impression that a se-
curity has been guaranteed to some extent by the indorse-
ment of a registrar, and that the use of this agency has
represented " many things beside the fact that the certifi-
cate " has been " within the stated issue." 7%

Specimens of the forms used on certificates of stock by
trust companies or other corporations acting as registrars
or transfer agents are as follows :

(i) Countersigned and registered

this day of 190

(name of Trust Company) Registrar.

(officer).

(2) Registered this day of 190

(name of Trust Compnay) Registrar, or Transfer
Agent.

(officer).

78 Bankers' Magazine, N. Y., vol. 61, p. 762.
7"a Commercial and Financial Chronicle, New York, Bankers'
and Trust Supplement, Sept. 3, 1898, p. 62.

30 Trust Companies in the United States. [294

(3) Countersigned and transferred this — day of — 190

(name of Trust Company) Transfer Agent.

by '

(officer).

(4) Countersigned this day of 190

(name of Trust Company) Transfer Agent.

by '

(officer).
Some certificates have a paragraph in them which reads :
" this certificate is valid only when countersigned by (name
of Trust Company) registrar or transfer agent."

Where bonds may be registered, the fact is generally
stated and the following form is always used:

Date of Register.

In whose name registered.

Transfer Agent

Bonds are usually registered as to principal only, but in
some cases a corporation will, on surrender of a bond and
coupons, issue a registered security, covering the principal
and interest.

If the trust companies which act in these capacities de-
sire to disclaim all liability for their certification, the ques-
tion naturally suggests itself, why are not the indorse-
ments made in such a way as to signify this without any
room for doubt? The reason assigned for the omission
is that the public have become accustomed to the present
form, and that a different character of certificate if intro-
duced may possibly be viewed with suspicion. A change
that may injure the market for securities is not likely to
be adopted, especially when there is strong competition
among trust companies to obtain the business. As the
present form of certification may indicate to an ordinary
buyer a certain guarantee, this fact, it seems, if a case arises
for judicial determination, ought to have great weight in
fixing the legal liabilities of the parties who use it.

295] Functions of Trust Companies. 31

The matter is complicated, as the transfer agents and
registrars may be residents of different states from the
companies which they represent; and these states may have
more or less conflicting laws. It is recognized by their
counsel that trust companies in performing these functions,
as they frequently do, may incur great liabilities, and that
the small charges made for the services are by no means
commensurate with the risks assumed.

CHAPTER III
AUXILIARIES TO TRUST BUSINESS

(a) Fidelity Insurance.77

Trust companies conveniently carry on, as auxiliaries
to their regular business, other branches — such as one
for fidelity insurance — which may prove profitable. An
individual under bond is, at times, preferred as a trus-
tee or executor to a corporation. A trust company which
can bond the individual for the office may often not only
extend its transactions into a new field, but also retain old
business that will be otherwise lost to it.

Fidelity insurance is guaranteeing the honesty or finan-
cial ability of parties. It is a kind of business which, in the
opinion of many, a trust company should not conduct,
and in some places is not permitted to do so.7S A com-
pany was started in London,79 fifty years or more ago,
especially to furnish surety bonds. Experience in the past
seems to have demonstrated the advantage of different con-
cerns acting as trustees from those underwriting fire and
life insurance; and the indications now appear to be that
the trust and fidelity businesses will be mostly developed
apart.

There are at present only a few large American fidelity —
or as they are also called surety, guarantee or bonding —
companies.80 Some of these perform all the functions 81 of

7T Schedule I. 78 Schedule I. Note 46.

78 Bankers' Magazine, New York, vol. 4, p. 249 (Guarantee
Society).

80 Handy Chart, published by Spectator Co., New York, 1902.
The Spectator, New York, vol. 67, No. 15, p. 177. Baltimore Sun,
May 28, 1901.

81 Fidelity and Deposit Co., Baltimore, Laws of Maryland, 1890,
Chap. 263, p. 282.

297] Auxiliaries to Trust Business. 33

trust companies, except executing certain forms of trusts,
and some have the word trust in their titles.82 As bonding
companies compete in many ways with trust companies and
a number of trust companies act as bondsmen, there is no
wonder that the public mind confuses the two institutions.83

(b) Title Insurance.84

It has already been noted that trust companies are
formed in Pennsylvania under a general law allowing title
insurance companies to exercise trust powers. In some
states 85 the two features are not combined, and distinctive
title insurance companies exist; these latter confine them-
selves to the title business, or make it their main one in
case they carry on banking and other operations.

Title insurance requires a special plant for the work.
Either a trust or a bonding company can acquire this plant,
and each is in a favorable position to conduct a title insur-
ance department. The former may examine or guarantee
titles for the estates under its charge, or offer its services
to its numerous patrons who constantly consult it about
such matters. The latter is in close association with at-
torneys to whom it furnishes bonds, and through this
means may cooperate further with them. The business
appears to be well suited to both institutions; but many
contend, and with force, that a trust company should not
engage in an insurance business.

82 American Bonding and Trust Co., Baltimore (American Bond-
ing Co. by law of 1902), Laws of Maryland, 1894, Chap. 252, p. 335.
Corporations in Maryland, acting as trustees without usual bond,
cannot incur liability of surety: Laws of Maryland, 1892, Chap. 279,
p. 391. Schedule I.

83 In Philadelphia the trust companies do surety business. Note
46. Schedule I.

84 Schedule I. 85 Schedule I.

34 Trust Companies in the United States. [298

Although safe deposit companies are said to be an
ancient institution, it has only been within recent years
that they have become of importance. Much, at present,
called wealth is in the form of evidences of debt, paper
securities, a large amount of which changes ownership by
delivery of hand. The great growth of this class of prop-
erty, which may be easily lost or destroyed, has created a
demand for specially guarded vaults for its safekeeping.
Before the existence of modern safe deposit companies the
vaults of regular banks were to an extent employed for the
storage of valuables, and perhaps generally without cost.
Some banking concerns still offer these accommodations,
free of expense, to their patrons, but, in the main, safe
deposit companies now perform this service and charge for
the same according to the space occupied or the value of
the property stored.

To prevent improper visitations, one of the earlier of the
modern companies established a code of pass-words and
other formalities.87 This rigid system is no longer, as a
rule, if at all, in operation, and it now requires little diffi-
culty on the part of any respectable person to rent a box
in such an institution and gain entrance into its vaults.
Private watchmen and detectives may be employed to guard
the buildings of safe deposit companies, and a system of
mechanical enunciators may be used. But, aside from
these arrangements, the only additional precautions of the
kind that are taken — and they appear in their results to
be all that are necessary — are to station, during business
hours, special guards at the doorways and in the interior
of the vaults. The doorkeepers are on duty to note the
exit and entrance of visitors and to stop those not entitled
to pass. The inside keepers are to observe that the indi-

86 Bankers' Magazine, New York, vol. 21, p. 316; vol. 26, p.
632; vol. 61, p. 769. Schedule I.

87 Bankers' Magazine, New York, vol. 26, p. 163.

299] Auxiliaries to Trust Business. 35

viduals who enter the vaults get into their own safe deposit
boxes and into no other.

The safe deposit business, though at times conducted as
a separate and distinct one/" may be and is satisfactorily
carried on by trust companies. Those who use the safe
deposit vaults of a trust company get into the habit of visit-
ing its office, and, when in want of information about an
investment, a trusteeship, or some other matter, are likely
to consult one of its officials. A trust company has often
a large number of estates under its charge, and is compelled
to supply a safe place of deposit for the securities belonging
to these various trusts. In furnishing places of this order
to the public it advertises itself and gains a revenue at little
extra expense.

A person may enter the safe deposit vaults of a trust
company, open his box, clip off his coupons and deposit
them afterwards with the banking department for collec-
tion. He may buy securities from the trust company, when
he desires to make investments; he may employ it virtually
as a broker, solicitor and policeman, and may secure
through it protection from outside attacks and from the
mistakes of inexperience.89 He may during his life trans-
act his whole financial business through this one office, and
after his death the same institution may take complete
charge of his affairs.

(d) Fiscal Agency.

Trust companies keep in close touch with varied interests
of the country. They act as fiscal agents of states, coun-
ties, municipalities, and railroad and industrial corpora-
tions. They become large depositories of funds and ne-
gotiate extensive loans. The securities which they obtain
they may offer to clients or turn over to estates under
their charge. But the estates receiving the securities are

s3 Table II. Schedule I.

89 Bankers' Magazine, New York, vol. 58, p. 506.

36 Trust Companies in the United States. [300

not always properly protected.80 Brokers also distribute
investments acquired by trust companies and, on account
of their influence, are often directors of these companies.

(e) Savings Bank.

Trust companies enter into competition with other
financial institutions of the country. They take an active
part in promoting railroad and industrial enterprises and
engage largely in the general banking business. They
receive small sums of money at interest, and have in some
places diverted deposits from the savings banks. The
latter have a strong hold upon the public confidence, but
they may later feel, to a greater extent, the effects of the
changes which have taken place in financial conditions.

Formerly savings banks invested particularly in real es-
tate mortgages. They put, at present, much of their funds
in government, municipal, railroad, street railway and like
securities. Investments of this kind are widely advertised
by trust companies and other dealers, and, no doubt, many
who once deposited in savings banks no longer do so, but
buy stocks and bonds. Savings banks work on a narrow
margin and may soon be forced to reduce their dividends.
Even if trust companies, as has been insisted,91 are sub-
jected for this class of deposits to the requirements made
of the savings banks in some states, they may still afford
to pay a higher rate of interest than their competitors, for
the expense of operating a savings department, as a branch
of a large banking business, is relatively small.

Many of the savings banks are conducted on the mutual
basis, their resources being supplied entirely by their de-
posits and accumulated earnings. By the side of this, the
capital and surplus, and the additional liability 92 of stock-

80 Page 23.

81 Bankers' Magazine, New York, vol. 46, pp. 695, 931. Rhodes
Journal of Banking, vol. 18, p. 167; vol. 20, p. 1190.

03 Schedule XI.

301] Auxiliaries to Trust Business. 37

holders of the great trust companies, make an impressive
showing. The large savings banks, with enormous de-
posit lines 9" and volume of business, can keep down the
expenses of operation to a small percentage; having this
advantage and prestige, they may long be able to maintain
their leading position. On the other hand, it is different
with the smaller mutual savings associations. These have
a struggle for existence ; and, although many new ones are
continually springing up — as it is easy to start a bank of
this character — their future is not bright. The banks
whose charters allow a wide field of operation have a better
chance of success.

(f) Deposit and Discount Bank.

Prior to 1873, leading financial journals made little ref-
erence to trust companies/4 About this time the banks,
feeling the competition, began to complain that they were
taxed more heavily and subjected to greater restrictions
than their rivals.95

From the period beginning with, say 1885, there was a
further development of trust companies in New York and
some other places. Among these corporations were ones
which were principally engaged in floating and guarantee-
ing Western loans, and were really mortgage, loan or in-
vestment companies.95* But many of them conducted a
regular banking business and were of the type that now
prevails. At this time the complaints of the banks became

83 Report of the New York Superintendent of Banking, Feb. 26,
1901, p. 160, Bowery Savings Bank, New York, deposits $70,000,000,
surplus $10,000,000; p. 173, Emigrant Industrial Savings Bank, New
York, deposits $60,000,000, surplus $10,000,000.

94 Commercial and Financial Chronicle, New York, Jan. 20, 1883,
vol. 36, No. 917, p. 65. Note 141.

95 Rhodes Journal of Banking, vol. 13, pp. 741, 788. Bankers'
Magazine, New York, vol. 59, p. 472.

95a History of Banking, Knox, page 347.

38 Trust Companies in the United States. [302

decidedly pronounced.90 It was especially observed that
certain large deposits, which had been carried with the
banks without interest, were decreasing. What was the
cause? The trust companies paid interest ST on deposits
and consequently attracted them. Opposition still con-
tinues against trust companies, but not to the same extent
as formerly; indeed, in some quarters, where there was hos-
tile criticism, there is now favorable comment.93 In 1897
the American Bankers' Association inaugurated a special
section for trust companies.98a

Possibly sentiment in regard to trust companies has
changed, because it is realized that they are now firmly es-
tablished, and that, although they compete somewhat with
the older corporations, the interests of the two are closely
allied.99 In the first place the same men 10° are often con-
nected with both, and in the second the trust companies are
among the largest depositors of the banks.101 Through the
banks the companies use the clearing house — an import-
ant agency in facilitating exchange and one exercising con-
siderable influence upon financial affairs. No trust com-

86 Table I. Bankers' Magazine, New York, vol. 43, pp. 659, 721 ;
vol. 45, p. 852; vol. 46, p. 695; vol. 50, p. 599. Commercial and Finan-
cial Chronicle, New York, Jan. 10, 1885, vol. 40, No. 1020, p. 42.
Rhodes Journal of Banking, vol. 18, p. 301.

97 Bankers' Magazine, New York, vol. 43, p. 721; vol. 45, p. 852;
vol. 50, p. 600. Rhodes Journal of Banking, vol. 13, p. 818. Com-
mercial and Financial Chronicle, New York, vol. 67, No. 1728, p.
251-

88 Bankers' Magazine, New York, vol. 50, p. 599; vol 58, pp. 506,
507; vol. 59, pp. 471, 472; vol. 61, p. 157.
98a Page 6.

98 Commercial and Financial Chronicle, New York, vol. 69, No.
1780, p. 260; Bankers' Magazine, New York, vol. .59, p. 346.

100 Rhodes Journal of Banking, vol. 16, p. 1178. Commercial and
Financial Chronicle, New York, vol. 70, No. 1804.

101 Rhodes Journal of Banking, vol. 13, p. 959- Bankers' Maga-
zine, New York, vol. 50, p. 599. Report of New York Superin-
tendent of Banking, July 1, 1901, Note 117.

303] Auxiliaries to Trust Busimss. 39

panies belong to the New York Clearing House.102 In
1899 this association passed a rule that the trust companies,
which employed its service, should be subject to examina-
tions and make reports similar to those exacted of non-
member banks.103 This regulation seems to be reasonable,
and also that passed in 1902 in regard to cash reserves, yet
these requirements, if they conflict with certain interests,
may possibly not be strictly enforced, as the trust com-
panies have friends in the association. The trust com-
panies, moreover, have apparently sufficient power to
establish, should it be necessary, a separate exchange, but,
at present, too great a community of interests may exist
for such an action.104

Trust companies perform many of the functions of the
regular banks, and although they do not possess the right
of note issue, like the national banks, they are not ham-
pered to any extent on this account, for note issue is not
the profitable feature it was.105 In place of this privilege
that they lack, they have some advantages over these banks.

Trust companies in late years have usually accepted de-
mand deposits, even in states where there has been a
question whether they have had the legal right. Refer-
ence has already been made to the status of the case in
Pennsylvania.106 In Minnesota,107 during a period of ten
years previous to 1894, a number of conferences between
representatives of the trust companies and the attorney-
general of that state took place in regard to the powers of
the companies to receive these deposits. The statutes of
1883 allowed trust companies to do a banking business as

102 Bankers' Magazine, New York, vol. 61, p. 712. Clearing
Houses, by J. G. Cannon, New York, 1000.

103 Commercial and Financial Chronicle, New York, vol. 69, No.
l794, P- 99T- Bankers' Magazine, New York, vol. 59, p. 777. Clear-
ing Houses, Cannon, p. 157. Note 1203-.

101 Bankers' Magazine, New York, vol. 59, p. 472.

105 Note 168.

106 Note 50. Schedule II.

107 Bankers' Magazine, New York, vol. 48, p. 392.

40 Trust Companies in the United States. [304

therein provided; but the provisions were so indefinite
that a conflict of opinion prevailed as to the proper con-
struction. Some companies received demand deposits,
others refused them. By the law of 1894 the companies
are not permitted to engage in banking.108

In 1894 the Supreme Court of Missouri decided that a
trust company hacl no legal power to take deposits subject
to check, and that by doing so it violated its charter. But
this act, according to the court, did not make the com-
pany a bank.109 The officers who received such deposits,
when the company was insolvent, were held not to
be criminally liable, as they might have been, had the
institution been legally empowered to do a banking busi-
ness. In 1898 no the court in that state decided that a
trust company had no power to receive deposits payable
by check on which interest was not paid. The Bankers'
Magazine,111 in commenting upon the matter, said that
as no rate of interest was fixed by the law, it would re-
quire little ingenuity to overcome the effects of this decis-
ion; for instance, by allowing a nominal rate of interest.
In fact, trust companies in Missouri now receive demand
deposits.112

These and other illustrations rather indicate that trust
companies have, in some states, developed their banking
departments outside of their recognized powers under the
law. A reference to the charters of the first companies in
New York and Pennsylvania emphasizes this fact, for it
is there seen that banking is forbidden. It appears that
the companies were originally established to manage es-
tates and not to be banks, the latter being an institution
which, according to the public sentiment of the time,
should be under special regulations.113

108 Schedule II.

109 Bankers' Magazine, New York, vol. 50, pp. 60, 200.

110 Ibid., vol. 57, P. 85.

111 Ibid., vol. 57, p. 16.

112 Schedule II.

113 Note 33. Page 18, Trust Co.'s in Boston; p. 19, Trust Co.'s in
Chicago.

305] Auxiliaries to Trust Business. 41

As clear ideas did not always prevail as to what con-
stituted banking operations outside of note issues;114 and
as at times laws were passed and charters were given
that were susceptible of different interpretations, some
trust companies began to claim and exercise powers that
were originally not intended to be allowed, if not strictly
forbidden. In this way it would appear that they escaped
regulations under which the banks were placed.

Legal exactions have been made of one institution that
have not been of the other. The trust companies are not
generally required like the national banks to hold reserves
for the protection of deposits; and in some of the states, as
in New York,115 where the state banks must keep reserves,
the companies are more leniently treated. They have thus
an advantage over their competitors, as they are not com-
pelled to have on hand the same amount of idle funds
yielding no revenue. They have profited by the freedom
from restraint and have kept little cash116 in their vaults,
most of what they have counted as cash being in reality
money on deposit at interest with the banks. In the sum-
mer of 1901 m the forty trust companies in New York and
Brooklyn had a reserve of only seven and a half million
dollars and had deposited with the banks nearly a hundred
million. On the other hand, sixty one-banks in that city
had at the same time a reserve of over two hundred and
sixty million dollars. The reserves of the banks cover
both their own deposits and those of the trust companies.118

114 Rhodes Journal of Banking, vol. 13, p. 788; Bankers' Maga-
zine, New York, vol. 2, p. 495 (Lockport Bank and Trust Co.); vol.
4, p. 100 (Duncan vs. Maryland Savings Institution, 10 G. & J.
346); vol. 53, p. 141.

115 Schedule XII.

116 Bankers' Magazine, New York, vol. 59, p. 599; vol. 58, p. 505;
vol. 59, p. 472.

117 Report of New York Superintendent of Banking, July, 1901.
Baltimore Herald, Aug. 13, 1901, quoting New York Journal of
Commerce.

118 Rhodes Journal of Banking, vol. 13, p. 818.

42 Trust Companies in the United States. [306

Similarly the reserve of the Bank of England U9 operates in
regard to the deposits of the great joint stock companies of
London, and the resources of the Imperial Bank of Ger-
many aid the other banks in the empire.120

In 1902 the New York Clearing House, as observed,
passed resolutions requiring the trust companies clearing
through that association to keep reserves in cash like the
national banks.12°a

The trust companies loan considerable on collateral se-
curity and compete with the banks for this class of busi-
ness. The same forty companies,121 just referred to, had
loans of this kind out amounting to five hundred and ten
million dollars and loans on personal security amounting
to only thirty-eight million dollars. These companies,
therefore, loan little in the latter way; it is the reverse with
the banks.

Trust companies in a number of states underwrite various
enterprises; national banks do' the same, but probably not
so extensively. At times the two institutions may cooper-
ate as a syndicate in the same work, or the banks may ad-
vance largely on securities brought into existence by the
schemes of the trust companies. Many of the companies
have exercised a relatively free hand in making loans and
investments; they have not been subjected to the same
legal restrictions 122 as the national banks,123 and, in some
instances, as the state banks.124 The national banks are for-
bidden to advance more than one-tenth of their capital to

119 Rhodes Journal of Banking, vol. 13, p. 959.

120 Bagehot, Lombard Street (Scribner Edition), pp. 309, 336.
Quarterly Journal of Economics, Feb., 1900, p. 272, article. " The
New German Bank Law," by Prof. Sidney Sherwood.

12°a Commercial and Financial Chronicle, New York, May 3,
1902, vol. 74, No. 1923, p. 917.

121 Note 117.

122 Political Science Quarterly, June, 1900, p. 250, article, " Trust
Companies," by A. D. Noyes.

123 National Banking Act, Revised Statutes of the United States,
Sec. 5200.

124 Schedules XIII and XIV.

307] Auxiliaries to Trust Business. 43

one party, to loan money on real estate, or to own real
estate except in a limited way. Although the requirements
as to the limitation and character of loans have not always
been observed, their existence has possibly had effect and
prevented these banks from engaging in some profitable
operations that have been open to the less hampered
institution.

Trust companies have now grown to be of great im-
portance, and in 1899 so many new ones were formed that
it looked as if they were about to overshadow the banks
in some places. In the following year there was an arrest
of the rapid progress.125 The set-back in New York was
temporary; for, although in 1901 there was a decrease in
the number of trust companies in that state, the gains
in resources of those in existence were large.125a The banks
made progress during the last few years; they reaped a
benefit from the active trade of the merchants, and shared
in the general prosperity of the country.126 A factor tend-
ing to make an unfavorable showing for trust companies
for the six months ending January 1, 1900, was that a
large number of new companies had come into existence
during the early part of 1899.127 This produced a greater
supply than was needed, and in the struggle to get business
some concerns under the management of inexperienced
men engaged in undertakings which resulted in heavy
losses.

The banks have a prestige in regard to the safety of
deposits which the trust companies do not enjoy. There

125 Commercial and Financial Chronicle, New York, vol. 70, No.
1808, p. 302; and report of New York Superintendent of Banking,
Feb. 26, 1901, p. 17; Trust Companies in New York State, July,
1899, resources, $722,000,000; Jan., 1900, resources, $672,000,000;
Jan., 1901, resources, $798,000,000. Tables I and II.

12B* Table I.

m Tables II, III, IV and V.

127 Commercial and Financial Chronicle, New York, vol. 70, No.
1808, pp. 303 and 306. Report of New York Superintendent of
Banking, Feb. 26, 1901, p. 17.

44 Trust Companies in the United States. [308

is a general impression that government examinations of
the national banks make them especially secure. No doubt,
these inspections have rendered great service; nevertheless
they are not thoroughly effective. Disclosures, at times,
make it apparent that defalcations can escape notice for a
long period during which a number of official examinations
of the banks have taken place. The remark is occasionally
heard from those in a position to know, that the federal
inspectors are liable to accept with too much faith the cal-
culations which they find in the bank records. It is believed
by many that state inspection can be made, and is in some
states, where trust companies are subjected to regulations,
just as thorough as the system in operation in regard to
national banks. Notwithstanding the fact that much of this
claim in regard to state supervision must be admitted, the
general public feel, and with reason, that a federal inspec-
tion usually gives greater protection than one conducted by
a state128; and the national banks get the benefit of this
confidence.

In order to secure the prestige possessed by national
banks and at the same time have greater freedom, the
Chestnut Street National Bank and the Chestnut Street
Trust and Savings Fund Company conducted business to-
gether in the same office in Philadelphia.129 The close co-
operation afforded a great opportunity for the practice
of fraud and for the concealment of an insolvent condition
by the temporary transfer of funds from one institution
to the other. The final results exposed the evil of such a
combination.

The advantage that prestige and previous possession of
the field give to the old banks may long allow them to
maintain their supremacy. But new financial institutions
will be called into being by the growth of the country,

128 Rhodes Journal of Banking, vol. 20, p. 1159.
120 Bankers' Magazine, New York, vol. 59, p. 717. History of
Banking, Knox, 1900, p. 464.

309] Auxiliaries to Trust Business. 45

and these are likely to be especially among that class which
is subject to least restriction.130

(g) Promoting.

Trust companies with their large accumulation of funds
are ever on the alert to get business, and afford an effective
instrument in developTng enterprises.131 But this is not a
new character of work for financial corporations, either in
this or in other countries; and trust companies have followed
a course which has been pursued previous to their exist-
ence. Sometimes a corporation has been formed simply
to finance a particular enterprise. Such was the case with
the Credit Mobilier,132 which, operating under a charter
of a Pennsylvania company, undertook to build the Union
Pacific Railroad. It will be remembered that the Credit
Mobilier became notorious in 1872 on account of one of
the greatest political scandals which ever occurred in the
United States.

Trust companies and other financial corporations greatly
aid and encourage the development of large enterprises, but
they usually engage in the undertakings in answer to some
demand for them; and were they not the promoters, indi-
viduals or firms might, as often happens, take their place.
When the financial corporations, interested in promoting
railroad enterprises, went down in the crash of 1873, two
great private banking firms concerned in similar operations
failed at the same time.132a At present the names of certain
individuals and banking firms, in connection with great
railroad enterprises, industrial combinations and other
schemes of a gigantic character, are far more prominent
than those of any trust company or other financial corpo-

130 Rhodes Journal of Banking, vol. 21, p. 70.

331 Commercial and Financial Chronicle, New York, vol. 70, No.
1810, pp. 10, 410.

132 Lalor's Cyclopedia, vol. 1, p. 709. Appleton's Cyclopedia, An-
nual, 1873, PP- 213 and 671.

132a Note 147.

46 Trust Companies in the United States. [310

ration. It is, however, a well-known fact that these men
and firms are interested in and identified with banks and
trust companies and use them largely as instruments to
carry out their various operations.183

133 Commercial and Financial Chronicle, vol. 72, No. 1855, p. VI.

CHAPTER IV
STATE REGULATION

It is the decided opinion of many persons that the
less supervision or regulation by a government which
any business receives, the better will be the results. But
whether the laissez faire doctrine be strongly cherished
or not by its advocates, the idea is rapidly losing force in
this country in the practical conduct of affairs and in the
continual extension of governmental interference. The
people of the United States have for years been accustomed
to the supervision of national banks and have for a longer
period been familiar with that in regard to state banks.131
Trust companies have largely developed without these re-
strictions. In some states they have been brought under
the same supervision as the banks, in others thev have
not.130

Should trust companies be under state supervision? If
it is admitted that banks not exercising the right of note
issue should receive regulation, and if trust companies can
and do perform all the functions of such banks, then it is
difficult to see why they should escape the same exactions.13*

The companies have under their charge the funds of
widows and orphans and trusts of a character around which
every safeguard should be thrown. They have also large
lines of deposits subject to check,137 nevertheless they are
not required to the same extent as the banks to keep
reserves proportionate to deposits. In this respect they are

13< History of Banking, Knox, New York, p. 404, etc.

135 Schedules VII and VIII.

136 Bankers' Magazine, New York, vol. 58, p. 507; vol. 59, p. 472.
Rhodes Journal of Banking, vol. 13, p. 741.

137 Note 117. Tables I, III.

Trust Companies in the United States. [312

generally more favored than the national banks and, in
New York, Kentucky and several other states than the
state banks.137a Texas has a unique place; under the consti-
tution of 1876 no corporation with banking privileges can
be created or extended. Trust companies in New York
and elsewhere have claimed that much of their deposits
have been trust funds, and on the other hand that those
of the banks have been of a kind which are more subject to
an early or a sudden withdrawal; hence, that the restriction
upon the banks has been more necessary.133 In the summer
of 1901,139 however, a larger portion of the three-quarters
of a billion dollars on deposit in forty trust companies in
New York and Brooklyn was subject to check. There is
not a great distinction at present between the deposits of
the two institutions, nor should such be expected, for trust
companies solicit all classes of deposits and allow interest
on the same in order to obtain them.140 The companies in
some places have been so active in their efforts to get busi-
ness that the banks, although disclaiming that they give
interest on money placed with them by local depositors,
are frequently compelled to offer this inducement to retain
patrons. The trust companies are said to borrow, at times,
money on collateral and reckon the sums thus received
with their so-called deposits, in order to make a more favor-
able showing and thereby further attract similar funds.
This practice, it is claimed, obtains also with other financial
institutions. The foregoing instances are cited to show the
force of competition in often compelling those who seek
the same class of business to adopt the same methods.
The concerns that are not subject to strict inspection are
usually the first to resort to these means. Sooner or later

"7* Schedules II, XII.

138 Bankers' Magazine, New York, vol. 58, p. 506.

139 Note 117.

140 Report of New York Superintendent of Banking, July, 190]
(interest paid on all but a small fraction of the deposits).

313] State Regulation. 49

what is done leaks out, as it is difficult to keep such things
secret; and what in the beginning is confidentially allowed
as a special inducement to a few, becomes in the end a com-
mon practice.

It is evident that any regulation to be fully effective for
the deposits of banks must have some application to those
of trust companies. Should there come at the present
time a financial panic, or a severe strain upon the money
market, the trust companies, in some of the great cities,
with their large lines of deposits and small or merely nom-
inal reserves, would rather contribute to than check a
catastrophe.

The superior organization of a trust company should
not necessarily exempt it from regulation, for it is not
unlike that of other corporations. It comprises a presi-
dent, possibly one or more vice-presidents, and a board of
directors ; from this latter body is usually selected a smaller
number who constitute an executive committee. In some
instances the board of directors consists of twenty-five
members. Frequently directors know, and are apparently
expected to know, as little about the affairs of their com-
pany as outsiders. Some of them are put on the board
on account of their prominence in the community, their
names being used to produce a favorable impression upon
the public, and others owe their position to the fact, that
they can command business for the company. But whether
appointed for these or other reasons, many of the directors
may be nothing more than figure-heads, and may exercise
little or no influence upon the policy of the company. The
directors meet at more or less extended intervals, probably
once a month, or not so often, and each may, according to
a growing practice, receive about five dollars, or more,
for every meeting attended. They usually transact busi-
ness in a perfunctory manner, leaving the management of
affairs entirely with the president and one or two control-
ling spirits of the executive committee. Much the same

50 Trust Companies in the United States. [314

comment as to the inefficiency of a directory, will apply
with equal force to all classes of corporations, with the
exception to an extent, of the banks. The directors of
the latter may meet weekly, or oftener, to pass upon the
paper offered for discount^ and have an opportunity of
performing this class of their duties with some degree of
intelligence. Any security which is afforded to the deposi-
tors and stockholders by publicity of operations rather
seems to be with the bank than with the trust company.

Although secrecy in the conduct of a business allows a
wrong action to be easily concealed, close management is
particularly effective, when capable men are in charge who
direct their efforts solely to the development of their com-
pany. The opportunity for fraud, due to the concentration
of power in the hands of one or two men and to the absence
of state supervision, have led in some cases to unfortunate
results. Public attention, at such times, has been directed
to the matter, and the sentiment created that a need exists
of protecting the interests committed to the care of these
institutions.

A short time before the panic of 1873, the Brooklyn
Trust Company failed under circumstances indicating gross
mismanagement. The company had done a lucrative busi-
ness, but was bankrupted by the defalcations of its president
and secretary, both of whom had made heavy losses in
speculations. Trust companies were then regarded as in-
stitutions that should be even more conservatively man-
aged than banks, and it was not strange that there should
have arisen — and especially after the financial crisis of 1873
— a demand for the passage of laws to subject them to
regulations similar to those under which banks had been
placed.

The Commercial and Financial Chronicle,141 in the sum-
mer of 1873, in referring to the failure of the Brooklyn
Company, stated editorially that the directors of a trust

141 Commercial and Financial Chronicle, New York, July 26, 1873,
vol. 17, No. 422, p. 102, and Aug. 30, 1873, vol. 17, No. 427, p. 269.

315] State Regulation. 51

company were not looked upon as managers of an ordinary
bank, but as guardians of trust funds. The investments
of this institution, it contended, should be like those of a
savings bank, only such as were solid and safe beyond
question.

In 1874 142 the Bankers' Magazine, reviewing the report
of the Comptroller of the Currency, said that trust com-
panies were intended as repositories for trust funds, for
the accumulation of deposits to be loaned on mortgage
or invested in government bonds; that is, to be savings
banks on a large scale. The article stated further that
trust companies had at that time been converted into stock
jobbing concerns, thus becoming factors of demoralization
and defeating the original purpose for which they had been
established.

In his report of December, 1873, the Superintendent
of Banking of New York, in alluding to the rapid increase
of the moneyed corporations which, he stated, were vari-
ously styled trust, loan, indemnity, guaranty, exchange,
or safe deposit companies, recommended that they be
brought under stricter state supervision. The designation,
trust company, had not, at that time, the full significance
which it has since obtained, and there was then in New
York no system for regulating these companies. Previous
to 1874 148 — the year in which trust companies were placed
under the charge of the state superintendent of banking —
some of them were under the supervision of the comp-
troller, some reported either to the comptroller, to a judge
of a supreme court, or to the superintendent of banking,
while others did not report at all. The majority, if not all
of them, were exempt from making stated reports to a
supervisory department of the state, as the banks were
required to do; and none were liable to an examination

142 Bankers' Magazine, New York, vol. 28, p. 520. (This is a
review of the Report of the U. S. Comptroller of Currency that is
referred to in Note 146).

143 Schedules VII and VIII.

52 Trust Companies in the United States. [316

by any authorized state officer. The Superintendent urged
that there was no reason why these companies should not
be subject to regulation like the banks, for they did a
deposit and savings bank business, and in some instances
discounted paper.

The Comptroller of the Currency, in his report of 1873,144
stated that the beginning of the monetary crisis of that
year might be reckoned with the failure of the New York
Warehouse and Security Company. Up to the time this
company closed its doors, it had stood well. It had been
established several years before to make advances on grain
and produce shipped to New York; it afterwards under-
took to finance a railroad which had a good foundation,
but the enterprise proved to be too great for the resources
of the Warehouse Company."5 Such, at least, were the
views expressed at the time.

Among the suspensions during the panic of 1873 were
those of the Union Trust Company, and the National
Trust Company, of New York,146 and of the great banking
houses of Jay Cooke & Company, and Fisk & Hatch. The
two firms named, as also a number of financial corpora-
tions, had been largely interested in the negotiation of
railroad securities.147 In commenting upon the conditions
of that period, the Comptroller of the Currency remarked
that the money market had become overstocked with debt,
that debt based on almost every species of property — rail-
road, state, city, and manufacturing and mining companies
— had been sold in the market. The panic of that year,
he said, might, in a great degree, be based upon the inti-

144 Report of the U. S. Comptroller of Currency for 1873, p.
XXVI.

145 (Mo., Kas. & Tex. R. R.); Commercial and Financial Chron-
icle, New York, Sept. 13, 1873, vol. 17, No. 429, p. 341.

146 Report of U. S. Comptroller of Currency, 1873, P- XXVI.
"'Report of U. S. Comptroller of Currency, 1873, p. XXVI.

Commercial and Financial Chronicle, New York. Sept. 20, 1873,
vol. 17, No. 430, p. 375.

317] State Regulation. 53

mate relations of the banks of New York City with the
transactions of the stock board; from one-fourth to one-
third of the bills received by the banks up to that time,
since the Civil War, had consisted of demand loans to
brokers and members of the Stock Exchange. These oper-
ations, the report continued, had a tendency to impede and
unsettle, instead of facilitating the legitimate transactions
of the whole country; the rule of business was to make
money — to make it honestly, if possible, but at all events
to make money."8

If a financial crisis were to occur in the United States
at the present time, much the same criticism as made in
1873 would be heard; but trust companies would come
in for a greater share of the comment.

The trust companies and the state banks in New York,149
as also in some other states, are now under similar regu-
lations. Both institutions in New York are obliged to
make reports to the banking department of the state and
are subject to examination by official inspectors.150 When
state supervision 131 was first inaugurated in New York in
1874, it was the cause of three trust companies ceasing tG
do business.152 The depositors, with claims amounting to
six million dollars, were paid in full, but, if the state ex-
aminations had not been made, and only reports of the
officers of the companies had been submitted, these con-
cerns might have continued to operate until a worse con-
dition of affairs had developed. A company, it is said,
had seldom failed whose recent published statement — in
case it was the practice to make the same — had not shown
a surplus. The statement of a trust company in New

148 Report of U. S. Comptroller of Currency, 1873, p. XXVIII.

149 Bankers' Magazine, New York, vol. 61, p. 787. Schedules
VII, VIII, XI, XII, XIII, XIV, XV, XVI, XVII.

150 Note 128.

151 Notes 26, 27.

152 Bankers' Magazine, New York, vol. 61, p. 787.

54 Trust Companies in the United States. [318

York, that is now published in the reports 153 of the state
superintendent of banking is comprehensive, and with the
system of examination in force allows considerable state
supervision of the institution. The same comment may
be made in regard to the companies in some other states.

153 Report of New York Superintendent of Banking, Feb. 26, 1901,
pp. 521, 522. Bankers' Magazine, New York, vol. 61, p. 788.
Form of Statement Rendered by New York Trust Companies,
resources.

Bonds and mortgages.

Stock and bond investments (itemized).

Amount loaned on collaterals.

Amount loanecl on personal securities, including bills purchased.

Overdrafts.

Due from directors of the institutions.

Due from banks.

Due from brokers.

Real estate, estimated present value.

Cash on deposit in banks or other moneyed institutions.

Cash on hand.

Amount of assets not included under any of the above heads
(accrued interest receivable, etc.).

LIABILITIES.

Capital stock paid in.

Surplus fund.

Undivided profits.

Deposits in trust.

General deposits (by individuals, associations or corporations,
payable on demand).

Other liabilities not included under any of the above heads (ac-
crued interest payable, etc.).

SUPPLEMENTARY.

Total amount of interest, commission and profits of every kind,
received during the year.

Amount of interest paid to and credited depositors during the
year.

Amount of expenses of the institution during the same period.

Amount of dividends on capital stock declared during the year,
payable, etc.

Taxes paid during the year.

Amount of deposits on which interest is allowed at this date
(January 1st).

Total amount of such deposits.

Rate of interest on same.

Amount of bonds and mortgages invested in during the year.

Amount received from bonds and mortgages paid or sold during
the year.

319] State Regulation. 55

Among the failures of loan companies was one, some
years ago, in Minneapolis where little funds were found
by the receivers to pay off its debts.104 It was at first
thought that the great office building which bore its name
would be an important asset, although a mortgage for part
of its value was recorded against it. A closer investigation
revealed that' the company had not an equity in this prop-
erty. Another corporation had been formed with the
same officers as those of the loan company, and through
this means the interest of the latter in the building had
been disposed of without exciting suspicion. Such trans-
actions can be carried on without difficulty, and no doubt
many of the large office buildings, that are supposed to be
owned by the trust companies, belong to separate and dis-
tinct corporations.

As referred to above, a national bank and a trust com-
pany with similar names, occupied the same office in Phila-
delphia100 and juggled accounts. The American Loan and
Trust Company, of Omaha,106 was bankrupted in 1893 by
speculations in lands in Texas carried on by a local com-
pany of that state.

Corporations which do not act as trustees have, at the
present day, the word trust in their titles. In commenting
upon the practice, the Superintendent of Banking of New
York recommended, in his report of 1899, the adoption of
a regulation that would apply not only to corporations
created by the laws of New York, but also to foreign trust
companies which did some kinds of business in that state,
although not permitted to act there as trustees. The sug-
gestion was partially acted upon, and an amendment to the
Corporation Act was passed in 1900 governing companies
formed under the laws of New York.157

104 Rhodes Journal of Banking, Oct., 1893, vol. 20, p. 11 14.
155 Note 129.

168 Rhodes Journal of Banking, vol. 20, p. 760. Schedules VII
and VIII.
m Note 16. Schedules VI, XVIII.

56 Trust Companies in the United States. [320

The argument is advanced in some quarters that the
directors and officers of a corporation, and the public also,
should not be taught to rely simply upon government in-
spections; for at best these examinations are ineffective,
and it is well for those who are interested to make investi-
gation for themselves. The officials of a national bank
in Baltimore1" employed, a year or so ago, special experts
to supplement the federal examination. Many contend
that it is better for a people to be educated to be self-reliant,
and attention is called to the fact that in some states where
savings banks and trust companies have virtually received
no regulation they have been conservatively and success-
fully managed. This may be admitted, but numerous in-
stances of frauds and failures clearly demonstrate that such
a statement of the case is by no means complete. A good
system of banking is of extreme importance to all classes
of people. It is, therefore, easily understood why a public
demand exists for the regulation of financial institutions;
and why some persons advocate this measure, who are
generally opposed to an enlargement of the sphere of the
State.

There is a wide difference in the laws throughout the
Union in regard to trust companies, and the suggestion
has been made that in order to get a uniformity, it may be
well to have a constitutional amendment and bring trust
companies under federal jurisdiction. This plan is in har-
mony with that of having all corporations regulated by the
general government; and in the view of some it will not be
a great step in extending the exercise of this power from
the deposits of national banks to those of other financial
institutions.

With the rapid changes, now occurring in industrial and
financial conditions, it is impossible to forecast with any
degree of confidence the political action, which may in

Merchants National Bank.

321] State Regulation. 57

consequence follow.159 Nevertheless it may be said that,
from present appearances, no extension of federal authority
over trust companies may be expected in the near future.
Any uniformity which may be obtained in the laws will,
probably, be brought about by similarity of conditions in
the different parts of the country and through efforts made
by the citizens in the individual states.

There is always opposition to any increase of gov-
ernmental interference, and often it is well to be slow in
bringing about radical changes. Trust companies have in
some states been placed under little regulation, and the fact
that they have exercised a wide latitude of action, has
enabled them to build up large and successful businesses.
In many instances it may be a hardship and injustice to
subject these institutions suddenly to great restrictions.
When legislation of this character is undertaken, a con-
servative course in the beginning seems to be the wise
one; and later, if it becomes necessary, more stringent
measures may be adopted.

The success of trust companies seemingly indicates, that
the need exists for an institution with the power to advance
large sums to a single concern and to engage in what may
be regarded as speculative ventures. If it be deemed better
that another corporation with more limited privileges shall
manage trust estates, separate companies may be estab-
lished for the purpose. Some trust companies are already
in existence — that is, one of each of the two classes may be
mentioned — which have built up a large business in one or
the other of these operations and have mostly, if not
entirely, confined themselves to it; if they have acted

159 Baltimore News, Sept. 16, iqoi ; extract from the speech of
Vice-President Roosevelt (now president), delivered Sept. 2, 1901,
at Minneapolis: "The vast individual and corporate fortunes, the
vast combinations of capital, which have marked the development
of our industrial system, create new conditions, and necessitate a
change from the old attitude of the state and nation toward prop-
erty."

58 Trust Companies in the United States. [322

as trustees under wills,100 they have not devoted their
efforts to promoting enterprises, or the reverse.101 This
being the fact, the separation of the two functions can, of
course, be accomplished, but such an action would have
the effect of retarding the development of the institution.

It is often difficult, if not impossible, to observe the drift
of public sentiment and to determine the factors at work
producing results. It is only speaking in a broad way,
when it is suggested that judging from surface indications
there is little demand at present for a law to prevent the
same company acting both as trustee under a will and as
promoter of enterprises. Regulations requiring trust com-
panies to deposit security with the state to protect trust
funds, and those placing them much on the same basis as
state banks, are the ones, it appears, likely to be sooner or
later adopted where such a regulative system is not already
in operation.102 The action, in 1902, of the New York
Clearing House, in regard to cash reserves for deposits in
trust companies may be significant.102*

Trust companies are either formed under special acts
of a state legislature or under a general law of a state. In
New York both methods are in force, and when the General
Law is made use of, the superintendent of banking is em-
powered to refuse incorporation to any new company if,
in his opinion, there is a sufficient number in existence.
The power is delegated to this officer of limiting the num-
ber of trust companies in the state, unless the legislature
exercises its right and creates additional ones.

In the states where charters for these corporations have
been granted by special acts, they have sometimes been
obtained in an unfair way and procured to be sold to the

100 Safe Deposit and Trust Co., Baltimore.

161 Maryland Trust Co., Baltimore; Laws of Maryland, 1892, Chap.
168, p. 263. Has, however, absorbed Guardian Trust Co. with pow-
ers of executor; Laws of Maryland, '90, Chapter 539, page 631.

102 Schedules VII, VIII, XI, XII, XIII, XIV, XV, XVI.

102a Notes I20a, I37a.

323] State Regulation. 59

highest bidder. In addition to the general evils of private
legislation, there is always a danger in such legislative
grants of a privilege being included that was not intended
and was concealed by a " snake in the bill." Many of the
states, after having tried the other system, have adopted
a general law under which corporations of this kind must
be chartered in order to get an existence. Maryland is an
example of the opposite policy.163

163 Schedule V.

CHAPTER V

CONCLUSION

Place and Cause of Development.

A slight review will aid in fixing more clearly upon the
attention what is the place that is now occupied by trust
companies, and what are some of the causes that have led
to their development.

It has been noted that corporations with power to exe-
cute all lawful trusts have existed a great many years in
the United States. The earlier ones exercising this privi-
lege were insurance companies which were authorized to
act as trustees, but only engaged in such operations as an
auxiliary to their insurance business. Trust companies still
continued to be classified with insurance associations, even
when they began to be operated as separate institutions.

According to general impression the trust powers were
originally extended in some of the states to corporations
merely to allow them to manage trust funds, and not to
establish banking concerns.104 This latter idea appears to
be correct, for the earliest companies empowered to act as
trustees were forbidden by their charters to engage in
banking. In spite of this fact, trust companies have be-
come banking institutions and have large lines of deposits;
they compete with the national banks, but are not subjected
to the same restrictions. They have been formed and suc-
cessfully operated in the smaller towns, but it is in the large
financial centres that they have more especially developed ;J8>
in New York and Chicago, some of them have deposits

164 Bankers' Magazine, New York. vol. 59, p. 471. Nation, New
York (Sept. 21, 1899), vol. 69. p. 220.

3,15 Bankers' Magazine, New York, vol. 58, p. 505. Table VII.

325] Conclusion. 61

ranging from fifty to seventy million dollars.106 In Chicago,
however, they are state banks with trust powers.

There seems to have been a recognition on the part of
the banks in New York for the first time, about 1873, that
there was a new and serious competitor against them in the
field. After the financial panic of that year the banks felt
the pressure of the hard times; and, therefore, being sensi-
tive to the effects of competition, they more keenly realized
that deposits were diverted from them, and that some enter-
prises in which they were engaged were in process of
absorption by another institution. Naturally they com-
plained of any unfair advantages that worked against them.
It was, however, not until 1885 or 1887 that the great de-
velopment of trust companies in New York took place.18"'
About this time the profits derived from note issue were
lessened and banks commenced to decrease their circula-
tion.168

The deposit system was formerly of minor importance
to that of note issue in banking; the condition has changed.
In England and the United States the habit of depositing
money in bank and withdrawing it by check is highly
developed, and in parts of the continent of Europe the
custom has greatly extended. In Germany some banks
which issued notes have preferred rather to surrender this
power than to submit to the government restrictions inci-
dent to it. They have found it advantageous to have a
relatively free hand in the management of their affairs and

16S Report of New York Superintendent of Banking, July, 1901.
Commercial and Financial Chronicle, New York, vol. 70, No. 1820,
p. 924. Report of Auditor of Illinois, Dec. 11, 1901, p. 43.

167 Bankers' Magazine, New York, vol. 43, pp. 659, 721. Table I.

168 Report of the Monetary Commission, Chicago, 1898, Chart II,
opposite p. 206; note circulation of national banks in U. S.; Re-
ports of the U. S. Comptroller of Currency: Dec, 1884, $280,000,000;
Dec, 1885, $260,000,000; Dec. 1886, $200,000,000; Dec, 1890, $120,-
000,000; Oct., 1897, $200,000,000; Oct., 1900, $332,000,000; Oct., 1901,
$360,000,000. Bankers' Magazine, New York, May, 1902, vol. 64,
P- 653.

62 Trust Companies in the United States. [326

have not seriously felt the loss of the right to issue notes,
as their deposit lines have grown to large proportions.
Some of the great banks in Germany occupy much the
same place respecting large enterprises, as do the trust
companies in the United States.109

It is readily seen how trust companies have been aided
in their growth by the increased importance of the deposit
system, for the monopoly by ,the national banks of note
issue is no longer the great advantage that it was.170 Trust
companies have been favored by freedom from the regula-
tions to which the banks have been subjected. They have
consequently been allowed to engage more than the re-
stricted institutions in the huge schemes which the changes
in the industrial organization and the rapid development of
the country have required to be undertaken.

Conditions, in general, have no doubt made a place for
an institution which advances large sums in a single venture
and is free from restrictions as to the character of its
investments. All trust companies, however, may not en-
gage in financing enterprises, for at least one of them171
devotes itself to what was originally considered the legiti-
mate operations of a trust company and what may be called
a strictly trust business; that is, acting as trustee or execu-
tor and managing estates and trust funds. It appears,
however, to be true that the enormous development of
trust companies has largely been due to their relations with
railroad and industrial corporations.172

The idea has been advanced that trust companies owe
success not merely to the state of affairs, but also
to the fact that they have been managed by more enter-

109 Bankers' Magazine, New York, vol. 63, p. 855. Commercial
and Financial Chronicle, New York, vol. 72, No. 1855, p. 4. Note
120.

170 Commercial and Financial Chronicle, New York, vol. 70, No.
1808, p. 303.

171 Note 160.

172 Commercial and Financial Chronicle, New York, vol. 70, No.
1803, p. 59; vol. 70, No. 1812, p. 508.

327] Conclusion. 63

prising and capable men. The success of the large banks
of New York clearly demonstrates the contrary without
the necessity of further evidence.

Among other functions which they perform, trust com-
panies execute various trusts, manage estates and promote
enterprises. They do a safe deposit business; this is a
feature that may be adopted and carried on conveniently
by almost any financial institution in connection with its
other departments, or it may be conducted by a separate
corporation. In some states trust companies insure the
titles of property, in some they act as bondsmen. Title
insurance and bonding companies are regarded inlhe pub-
lic mind as trust companies; they are generally, but not
always, distinct concerns.

Trust companies engage in general banking operations.
They do not restrict their deposits to trust funds; they
solicit and receive the same kinds as are sought by other
banks. The old savings banks occupy a position which
they will probably long retain. It may, nevertheless, hap-
pen that their rivals will in time make gains by offering
higher rates of interest and extending inducements in the
way of greater conveniences. The small savings banks
will be placed at considerable disadvantage in the contest.

At present, the trust companies in New York confine,
for the most part, their call and time loans to those secured
by collateral, they advanee relatively small amounts on
personal security. The companies in Philadelphia are not
permitted to discount paper, those in Chicago are princi-
pally banks with trust powers. The national banks
engage more largely than formerly in certain classes of
operations and seek to accommodate themselves to the
changed conditions. With discrimination against them,
banks of issue will continue to have a place in the business
world; but from the outlook it seems that, in the formation
of new financial concerns, the tendency will be more to
organize them upon a basis that affords the broadest priv-
ileges. The trust companies offer some advantages over

64 Trust Companies in the United States. [328

other existing institutions; they are allowed a wider scope
of action than the national banks, and with their diversified
interests, may make one department aid the development
of another.173

Some trust companies have branches.174 Three compa-
nies of New York, and one of Boston, were authorized, in
1901, to act as trustees under the General Corporation Law
of Illinois.175 The North American Trust Company, of
New York,176 established financial institutions under its
management not only in different parts of the United
States, but also in Cuba. A great company operated on
this principle with capable officers would have large re-
sources at its command; it would have a wide field of oper-
ations and could conduct business at a low rate of expense.
A lack of legal provision or legal prohibitions in regard to
such extensions may, in a measure, be overcome, through
different companies under the control of a single interest.1703.

The same influences that have operated to combine
railroad and industrial corporations have tended to pro-
duce similar effects among financial institutions.177 Con-
solidation has taken place not only among trust companies
that have already been established, but also among con-
cerns whose organizations have not been completed.178 The
Produce Exchange Trust Company of New York "9 sus-
pended in 1899 and afterwards reorganized under a differ-

173 Political Science Quarterly, June, 1901, p. 250; article "Trust
Companies," by A. D. Noyes. Note 123.

174 Bankers' Magazine, New York, vol. 62, p. 258; vol. 63, p. 855.
Commercial and Financial Chronicle, New York, vol. 70, No. 1807,
p. 262. Schedules III, V.

175 Report of Auditor of Illinois, Dec. 11, 1901.

170 Commercial and Financial Chronicle, New York, vol. 70, No.
1812, p. IX; vol. 70, No. 1820, p. 925; vol. 72, No. 1854, p. 29.
17"a Baltimore Sun, June 16, 1902 (editorial).

177 Bankers' Magazine, New York, vol. 63, p. 315.

178 Commercial and Financial Chronicle, New York, vol. 70, No.
1806, p. 213; No. 1811, p. 460; No. 1813, p. 564.

179 Commercial and Financial Chronicle, New York, vol. 70, No.
1800, p. 108.

329] Conclusion. 65

ent management with a son of the late Mr. Jay Gould
as president. This reorganization caused the abandonment
of a new company that was about to be formed to take
care of the large interests of the Gould family — interests
which comprise great telegraph and railroad properties.
The Produce Company, under the title of the Bowling
Green Trust Company,1"' in a short time built up a large
deposit line and became established upon a solid founda-
tion. This case gives some idea of the operations that are
engaged in by these companies, and serves as one of the
many evidences of the great power of wealth controlled by
a single directing force.

In Illinois the state banks are granted trust powers upon
the proper deposit of funds with the auditor of the state.
In other words, trust companies may be created in this way
with banking privileges, and such concerns are regarded
primarily as banks. The principle that trust companies
are banks is becoming more fully recognized. Although
differences may long continue to exist, it appears that the
trend of legislation in New York and in a number of other
states is to place upon an equal footing these two financial
institutions that operate under state franchises.

There is, as is well known, a general tendency of corpo-
rations to supersede individuals in performing certain func-
tions and, if the conclusions advanced in this paper are cor-
rect, it appears that the following may also be mentioned
among the causes for the development of trust companies:

1. The place for an institution making large advances
in a single venture and exercising a Tree choice in its in-
vestments— one not hampered with the restrictions to
which the national banks have been subjected.181

2. The increased importance of deposits relative to the
issue of bank notes, and the payment of interest182 on
demand deposits.

180 Report of New York Superintendent of Banking, July i, 1900,
p. 445: general deposits, $10,000,000.

181 Rhodes Journal of Banking, vol. 21, p. 70.

182 Bankers' Magazine, New York, vol. 28, p. 518.

66 Trust Companies in the United States. [330

3. The growth of investments in government and corpor-
ate securities, and the demand for an institution to manage
estates largely consisting of these.

4. The combination in one company of various classes of
financial business, each aiding to build up the other.

In the analysis of social problems some factors are
easily overlooked and others given undue value. As to
what will come to pass, uncertainty necessarily prevails;
the present system of exchanges may be much altered,
and indeed the fundamental principles regarding property
rights may be modified. But whatever may have been
the cause of their growth, or whatever may be their future,
it can be said without question that trust companies are.
at present, important financial institutions in parts of the
United States.

APPENDIX I

The Farmers' Loan and Trust Company of New York.
(Sketch prepared by the Company.)

Although the majority of the trust companies of this
country have been organized within the past twenty-five
years, it should not be concluded that the financial world
had not felt their need before then, for as early in the
last century as February 28, 1822, the first trust company
was incorporated and a charter granted to The Farmers'
Fire Insurance and Loan Company, of New York, which
name was changed by an act of the legislature passed
April 30, 1836, to The Farmers' Loan and Trust Company.
The original twenty-one directors held their first meet-
ing March 9, 1822, and elected John T. Champlin Presi-
dent, and at subsequent meetings Archibald Mclntyre was
elected Secretary and John Ely, Jr., Assistant Secretary.
In the order of their election, the following persons have
served as President:

John T. Champlin, Lewis Curtis,

Oliver H. Hicks, Charles Stebbins,

Fred A. Tracy, Robert C. Cornell,

Elisha Tibbets, D. D. Williamson,

Henry Seymour, Rosewell G. Rolston,

Edwin S. Marston.

The original act of incorporation gave to the company
power to make loans on mortgages, which authority is
emphasized by being stated first in the act, and having
proportionately a larger part 'of the act devoted to the
matter of making such loans and of foreclosing the mort-
gages, but at the same time the feeling that was then
prevalent, that corporations should not hold real prop-

68 Trust Companies in the United States. [332

erty, any further than was absolutely necessary for their
corporate purposes, was manifested by the provision that
any mortgaged property which was taken on foreclosure
should not be held longer than five years, and that if held
for a period beyond that term, the title should immediately
be forfeited to and vested in the people of the State of
New York.

Authority was also given to this corporation to pur-
chase and hold any stock or foreign debt, or the stock of
any corporation; which is interesting in view of the sub-
sequent history of corporations, in reference to which legis-
lation for some time practically forbade their acquiring
stock in other corporations.

The corporation also originally had power to insure
against loss by fire and to grant life insurance and
annuities.

By an act passed April 17, 1822, the same session of the
legislature which passed the act of incorporation, it was
provided: "That the said corporation shall also have
authority to receive and take by deed or devise any effects
and property, both real and personal, which may be left
or conveyed to them in trust and to assume, perform
and execute any trust which has been or which may be
created or declared by any deed or devise as aforesaid;
and the said corporation are authorized to receive, take,
possess and stand seized of, and to execute any and all
such trust or trusts in their corporate capacity and name,
in the same manner and to the same extent as trustee or
trustees might or could lawfully do, and no further."

This grant of power to act as trustee is undoubtedly
the earliest bestowal of such powers upon any corporation
in the State of New York, if not in the country. The lan-
guage employed is of the broadest character possible.

The early acts relating to this trust company are also
interesting as reflecting to a considerable degree the feel-
ing of jealousy which was prevalent in this country in the
early part of the last century, to the formation of banks

333] Appendix I. 69

and moneyed institutions. The original act of incorpora-
tion of the trust company provided that nothing in the
act should be so construed as to authorize the said corpo-
ration to receive any deposit or deposits, nor to discount
any promissory note, bond, due-bill, draft, or bill of ex-
change, nor shall it be so construed as to allow any banking
privileges or business whatever.

The subsequent history of this trust company has em-
phasized the truth that persons in creating business insti-
tutions are often unable to foretell the course of develop-
ment of those institutions in the future. It is well known
that at least one of the banks in New York City at the
present time was established under a charter, the main
object of which was to supply the city of New York with
water. That corporation long years ago ceased to supply
any water, but the bank has continually grown, and to-day
is one of the important financial institutions of the city.

So in the case of the Farmers' Loan and Trust Com-
pany, which was organized as an insurance and loan com-
pany, the last outstanding life insurance policy, which was
issued on February 23, 1838, was not paid until February
28, 1898, — sixty years after the date of its issue. As we
have already stated, the very first power given to the
Company was that of making loans on mortgages, and
the purpose of this power was set forth clearly in the act,
showing that the design was to aid the citizens of the state,
residing in the country. Under its charter the Company
was required, within one year from its incorporation, to
make loans on the security of real estate within the State
of New York and within the limits of the Southern Dis-
trict of New York, to the amount of at least one hundred
and fifty thousand dollars, and when the capital stock
of the Company was increased from five hundred thou-
sand dollars, which it was originally, to one million dollars,
such increase was made conditional on the investment
of an additional one hundred and fifty thousand dollars

70 Trust Companies in the United States. [334

in bonds and mortgages on lands within the city and county
of New York.

Through its operations in farm lands this Company ac-
quired title to large tracts of lands in various counties in
the State of New York. Regarding the land located in
Erie County and bordering on Lake Erie, there has arisen
in recent years a question both unique and interesting.
We quote from a report published not very long ago:

"After the American Revolution a controversy between
New York and Massachusetts, as to which state had the
fee of and dominion over all the western New York terri-
tory, became acute, each claiming under a separate grant
from the English Crown. This controversy was settled
by what is known as the ' Treaty of Cession,' which was
executed in December, 1786, according to the terms of
which the western boundary line of the lands ceded to
Massachusetts in this vicinity was the center of Lake Erie.
To the State of New York was ceded all the claim, right
and title which the Commonwealth of Massachusetts had
to the government, sovereignty and jurisdiction of the
lands and territories claimed by the State of New York.
On May 11, 1791, the Commonwealth of Massachusetts
conveyed to Robert Morris a great tract of these ceded
lands. Whatever title Robert Morris obtained from Mas-
sachusetts passed through various intermediate convey-
ances to the Holland Land Company about the year 1798,
and on January 27, 1838, the Holland Land Company con-
veyed to The Farmers' Loan and Trust Company all its
unsold lands in Erie County. The question in dispute
is whether the conveyances made in 1838 by the Holland
Land Company to this Company gave it title to the lands
under water, due to the encroachment of the water on the
land since the time of the ceding of the lands to New York
State by the Commonwealth of Massachusetts under the
terms of the treaty."

The trust functions of the corporation, which are given,
as we have said before, by a supplemental act passed at

335] Appendix I. 71

the same session of the legislature which incorporated
the Company, have been exercised at an increasing rate,
and the accumulation of wealth in recent years has de-
manded more and more the exercise of those powers.

The change from established customs is always at-
tended with many misgivings, but more especially is this
true in respect to any thing having to do with financial
transactions. For years individuals have been acting as
executors and trustees, but the substitution of trust com-
panies for individuals, which was made gradually at first,
is now taken as a matter of course, and persons having
large estates to a great degree prefer trust companies to
individuals. Experience has shown that the appointment
of individuals to the office of executor does not, in many
instances, successfully accomplish the results desired by
the testator. The person appointed may die before the
testator, requiring a change in the will, or may die after
the testator, leaving the estate only partially administered,
necessitating confusion and the appointment of an admin-
istrator with the will annexed. Sometimes even the con-
tinuance of the executor in office is worse than his death.
He may be stricken with disease, his faculties become im-
paired, or for other reasons he may become incompetent,
and then he must be removed and another appointed in
his place. All these changes involve an expense to the
estate and more or less anxiety to those interested in it.
The Farmers' Loan and Trust Company can act as exe-
cutor, and a testator in appointing it will know that the
executor of his own appointment will administer his estate.

The corporation, through its years of dealing with
trusts and trust estates, has accumulated an experience
which no individual ever could hope to have. This
experience has resulted in improved methods of dealing
with estates, and has developed a corps of officers
and clerks whose time and attention are being constantly
directed to the questions arising, and who are not dis-

72 Trust Companies in the United States. [336

tracted, as individual executors and trustees generally
are, with the cares and annoyances of their own business.

The growth of the Company is evidenced by the increase
in its deposits as shown by the following comparative
statement, covering a period of twenty years:

Deposits.

January I, 1880 $ 6,270,892.06

January 1, 1890 23,964,838.50

January 1, 1900 41,519,851.25

April 1, 1902 61,079,287.23

APPENDIX II

The Pennsylvania Company for Insurances on Lives
and Granting Annuities.

(Article compiled by Albert W. Rayner principally from
the sketch of the Company by H. S. Morris.)

A group of men gathered at a coffee house in Phila-
delphia in the winter of 1809 and discussed the feasibility
of organizing a company the main objects of which were
to be the insuring of lives and granting of annuities. Sev-
eral companies devoted to marine and fire insurance were
already in existence. Notwithstanding this fact, the Penn-
sylvania Company was slow to organize and did not suc-
ceed in procuring a charter until March 10, 1812.

During the period between 18 12 and 1829, the progress
of the Company was steady. The first president was Joseph
Ball, who was elected March 17, 1812. Mr. Ball served in
1791 as a director of the Bank of the United States, was
connected with the Batsto Iron Works and was one of the
original Board of The Insurance Company of North
America.

It is of especial interest to economists to mention the
name of Condy Raguet, who was at the head of the Penn-
sylvania Company from 1816 to 1819. One critic, in
speaking of him says that some of his writings on financial
and economic topics were the best ever produced in Amer-
ica. Condy Raguet suggested and helped to carry to com-
pletion the earliest savings bank in Philadelphia; he was
also editor of " The Philadelphia Gazette and Common
Intelligencer."

Another President of the Pennsylvania Company was

T4 Trust Companies in the United States. [338

Robert M. Patterson, who served from 1822 to 1826. Mr.
Patterson was especially honored for his intellectual at-
tainments. He had been educated abroad and completed
a course of chemistry under Sir Humphrey Davy. Upon
returning to this country, he was identified with academic
institutions and societies of learning, and for several years
occupied the position of Director of the United States
Mint at Philadelphia.

These names are but a few of the prominent ones that
have been connected with the Pennsylvania Company.

In 1831 attention was attracted to the great success of
a new undertaking in India, called Agency Houses, which
were concerns organized to transact business for trustees,
receive money on deposit, administer estates, etc. It was
the desire of the managers of the Pennsylvania Company
to invest their organization with' these powers; but on
account of their conservatism there was a delay of several
years before this was done.

Mr. Harrison S. Morris says in his sketch of the Penn-
sylvania Company:

" In the early part of 1836, the most important advance
made in the affairs of the Company, since its organiza-
tion, was finally consummated when the Governor of the
State, in whose honor the corporation was named, approved
a supplement clothing the Pennsylvania Company with
authority to enter into the business of executing trusts.

" This new privilege greatly widened the usefulness of
the Company in every way. The fullest powers were given
it for carrying on the trust business. Under the terms of
the supplement, it is allowed to receive property, real and
personal, in trust, and to accept trusts of every descrip-
tion, while the courts are permitted to appoint the Com-
pany to the offices of Trustee, Assignee, Guardian, and
Committee of Lunatics.

" It is thus plain that a new career was open to the al-
ready prosperous organization, and its efficient manage-
ment was not slow to reap the rich harvest in store."

339] Appendix II. 75

The new branch of the Pennsylvania Company's business
was taken up with energy and before many years the
trust transactions were among the most profitable as
well as the most important ones of the institution. The
gradual decline of the life insurance branch followed, and
with the rivalry of new insurance organizations, which were
adopting methods of competition not desirable for the
Pennsylvania Company on account of its trust business,
the ultimate relinquishment of underwriting insurance be-
came an advisable policy, and the Company, after 1872,
issued no new policies of insurance.

During a long period of years, the Company has fre-
quently changed location. It is interesting to note, in
view of the fact that its inception took place in a coffee
house, that it eventually secured for its established home
a site which was formerly occupied by a wayside inn.

Statistics strengthen comments. In regard to the trust
estates under its charge it may be said that in 1895, the
Company controlled one hundred and thirty-six millions
of securities, taken at their par value, and received, during
the year, more than a million dollars for rentals. In 1901
the deposits were eleven million five hundred thousand
dollars, and the trust funds amounted to one hundred
and fifty million dollars. The capital was originally five
hundred thousand dollars, it was afterwards increased to
two millions of dollars. In conclusion, it may be stated
that between 1875 and 1896 it loaned over one hundred
and twenty million dollars without incurring loss.

APPENDIX III

Schedules

Trust Company Legislation in the United States, with
some comparisons in regard to State Banks.

Prepared for George Cator by John Burton Phillips,
Ph.D.

Index to Appendix III

SCHEDULE. PAGE

I. Auxiliaries.

Safe Deposit 79

Fidelity Insurance 79

Title " 79

II. Banking Privileges SO

III. Branches 80

IV. In same Office with Bank 80

V. Incorporation 82

VI. Foreign Companies 83

VII. Reports 84

VIII. Examinations 86

IX. Receivership 88

X. Deposits with State 90

XI. Double Liability 90

XII A. Reserves, Banks 92

B. " Trust Companies 92

XIII A. Loans, Banks 94

B. " Trust Companies 95

XIV A. Investments, Banks 96

B. " Trust Companies 97

XV A. Capital, Banks 98

B. " Trust Companies 99

XVI A. Liabilities, Banks 100

B. " Trust Companies 100

XVII A. Taxation, Banks 101

B. " Trust Companies 103

XVIII. " Trust " in Titles of Corporations 105

XIX. General Remarks 105

ABBREVIATIONS IN THE SCHEDULES

Ann. S. Annotated Statutes.

Ballinger's S. Ballinger's Annotated Codes and Statutes of Washington.

Bates' S. Bates' Annotated Ohio Statutes. Revision of 1897.

Birdseye's S. Revised Statutes, Codes and General Laws of New York.

C. C. Civil Code.

C. L. Compiled Laws.

C. S. Compiled Statutes.

G. L. General Laws.

G. S. General Statutes.

Horner's S. Horner's Annotated Statutes.

Hill's L. Hill's Annotated Laws of Oregon, 1892.

Mills' S. Mills' Annotated Statutes.

P. and L. Pepper and Lewis' Digest, 1894.

P. G. L. Public General Laws.

P. S. Public Statutes.

R. L. Revised Laws.

R. S. Revised Statutes.

S. Statutes.

S. and H. Sandels and Hill's Digest.

Note.— When not otherwise stated, the numbers in the Schedules refer to
the Session Laws of the respective States.

343]

Appendix III.

SCHEDULE I.

States

and

Territories.

Powers of Trust Companies.

Safe deposit.

Fidelity insurance.

Title insurance.

Alabama

trust company legisla

tion.

Arizona 1

Arkansas

„

it n ,i

California

No special provisions ; prob

ably nothing to prevent in

general law.

Colorado

Yes. '91, p. 102.
Fixed by charter.

No.

Fixed by charter.

Connecticut

Delaware

Dis. of Columbia2

Yes. Code, §715.

Yes.

Florida

trust company legisla

tion.

Georgia

Yes. '91, p. 173.

No.

Iowa

Probably have all these po

wers because organized und

er gen'l corporation law.

Yes. '01, p. 26.

j Yes. R. S. '99, p. 470.

' Banks may have trust po

Yes. '01, p. 26.
Yes. R. S. '99, p. 470.

Yes. '01, p. 26.

Yes. R. S. '99, p. 470. (

Illinois

wers by fulfilling requireme nts.

Indian Territory.

No legis

lation on banks or trust

companies.

Indiana

Yes. S. '97, §3815a.

No.

Kansas 1

No.
Yes.

Yes. '01, ch. 407.
No.

Yes. '01, ch. 407.

Kentucky

No.

Louisiana1

Yes.

No.

Massachusetts —

Yes. '88, ch. 413.

No.

Maryland

j Powers fixed by charter.

'Yes.

1 Powers fixed by charter,
■< trustee without usual bo
( of surety.

but a company, acting as
nd, cannot incur liability

Maine

Powers fixed by charter.
Yes.

Fixed by charter.
No.

Fixed by charter.

Michigan

No.

Minnesota

Yes. S. '94, §2849.

No.

Mississippi

No.

Yes. "97, ch. 33.

No.

Missouri

Yes. '91, p. 99.

Montana

Yes. Civil Code, §604.

No.

Nebraska

trust company legisla

tion.

Nevada l

i> .. »

North Carolina...

Banks and trust

companies are specially

chartered.

North Dakota1...

Yes. Code, '99, §3258.

New Hampshire .

Powers fixed by charter.

New Jersey

Yes. '99, ch. 174.

Act provides for savings ba

nks and trust ass'ns. Usual tr

ust powers not mentioned.

New York

Yes. '01, ch. 443.

No, unless by special charter

Yes. '01, ch. 443.

Ohio

Yes. Bates' S. §3821a.

No.

Oregon

trust company legisla
Yes. '01, p. 99.

tion.

Oklahoma

Yes. '01, p. 99.

No.

Pennsylvania

Yes. '95, ch. 286.

Yes, '95, ch. 286.

Yes. '95, ch. 286.

Rhode Island

Powers fixed by charter.

Fixed by charter.

South Carolina...

" " "

South Dakota ....

Yes. Ann. S. '99, §4205.

Yes. Ann. S. '99, §4205. Yes. Ann. S. '99, §4205.

Tennessee

Yes. Code, '96, §2090.

No.

Texas

Yes. R. S. '95, §642.
No. R. S. '98, §423.

Yes. R. S. '95, §642.
Yes. R. S. '98, §423.

No.

Utah

Yes. R. S. '98, §423.

Virginia

Powers fixed by charter.

Fixed by charter.

Vermont

Powers fixed by charter.
Yes. '01, ch. 85.

West Virginia....

Yes, '01, ch. 85.

Yes. '01, ch. 85.

Washington

No pro

visions on these subjects in

State.

Wisconsin

Yes. S. '98, §1791d.

No.

Wyoming1

Yes. '88, ch. 88.

No.

1 No trust companies in State.

2 In the District of Columbia the same company may not do safe deposit, fidelity and title insur-
ance business.

Trust Companies in the United States.

[344

States

AND

Territories.

Alabama
Arkansas'

Connecticut
Delaware. ..

Fixed by char
Yes.

Governed by
Dist. of Columbia Yes.

SCHEDULE II.

Banking privileges of trust
companies.

Receive
demand
deposits.

Yes. '91, p. 102.

Mills' S.
Shall not enga

Discount
paper.

SCHEDULE III.

May trust companies
conduct branches ?

Florida .
Georgia.

Idaho . .
Illinois

Indiana.

Indian Territor;
Iowa

Kentucky ,

Louisiana2.

Maine

Maryland

Massachusetts.
Michigan

Minnesota

No trust com
Yes.

'98, P- 78, §3,
May engage in
Yes. '01, p. 26,

No.

R. S. '99, p. 470,

but banks

der trust act.
Yes. '93, p. 344,
Ann. S. '97,
§3815m.
Yes.

No.

Code '97, §1889,

Yes.

For compani
before 1886.

Yes.

Only from
banks, sav-
ings banks,
trust co's,
public offi-
cers or
boards.

Yes. Statutes
94, §606.

May engage
counties un
ch. 14.

Yes.

R. L. '97, §277.

Yes.

R. S. '83, ch. 47

Governed by

Yes.

Governed by

Yes.

No. C. L. '97,

§6164.
Shall not ruga
No.

Shall not enga
S. '94, §2851.

Yes.

Yes. '91, p. 102,
§544c.

ge in banking.
Yes.

ter, '01, ch. 143.
No.

charter.
No.

pany legislati

Yes.

banking.
Yes. '01, p. 26.

No.

y qualify un-

Yes. '93, p. 344

Yes.

es organized

Yes. '01, ch

407.

Yes. Stat nics

'94, §612.
n banking in
der 100,000. '97.

Yes.

§84.

charter.

fes.

charter.
Yes.
Yes. C. L. '97,

§6164.
ge in hanking.
No.

e in banking.

No provisions.

No.

No provisions.

No.

No provisions.

No.
No provisions.

SCHEDULE IV.

May bank and trust

companies occupy

same office ?

No provisions.

Yes.

No provii

There is no provision in La.
for trust cos separate from
banks. R. L. '97, §277.

Not without consent of Leg-
islature, '01, ch. 196.
No provisions.

luTo loan money on real or personal securities," "buy and sell stocks, bills of exchange, bonds and
mortgages and other securities" means discount paper.— 57 S. W. 936 ; Sup. Ct. of Ark., June 16, 1900.
2 No trust companies in State.
3 See Schedule V.

345]

Appendix III.

States

AND

Teukitokies.

SCHEDULE Il.-Cont'd. i SCHEDULE Ill.-Cont'd.

Banking privileges of trust
companies.

Receive
demand
deposits.

Discount
paper.

May trust companies
conduct branches.

SCHEDULE IV.-Cont'«

May bank and trust

companies occupy

same office.

Mississippi

Missouri1

Montana

Nebraska

New Mexico2

Nevada2

New Hampshire..
New Jersey

New York

North Carolina ..
North Dakota2...

Ohio

Oklahoma

Oregon

Pennsylvania3...

Rhode Island...
South Carolina.
South Dakota . .

Tennessee

Texas

Yes. '97, ch. 33.

Yes. R. S. '99,
§1437.

Yes. Civil
Code §604.
No trust com

Yes. C. L.
§263.

Yes.

Governed by
Yes. '99, ch.

174, §6, 118.
Shall notenua
Yes. '93, ch.

696.
May do gener
57S.\v.;i:;r,*ir,ii.
Yes.

No.

'82, p. 101.
Yes.

'01, pp. 89-91
Yes.

Yes.

'95, ch. 286.
105 F. 491.
Shall notenga
Yes.
Governed by

Code '96, §2040,
Yes.
' No corpora

Utah

Vermont

Virginia

Washington

West Virginia.
Wisconsin

Wyoming2

No. R. S. '99,

§1427.
Yes.

pany legislati <

Yes. C. L. '97,

§262.

No
No
Yes.
charter.
No. '99, ch. 174,

§7.
ge in banking.
Yes.

al banking.

Yes.

No.

Yes.

No.

ge in banking,
charter.

Yes.

te body shall

ing or discojuntingprivile
R. S. '95, p. 164.

Yes.

§424.

Yes.

R. S.
Yes.
Governed by
Yes.

Governed by
Yes.

Hal linker's Co
No legislation

banks.
No.

No. Statutes
'98, §1791g.

Shall not do a
ing- business

No. R. S. '99
§3137.

Yes.
charter.
Yes-
charter.
Yes

des.''97, §4266.
apart from

No.

general baDk

Yes. R. S. '99

No provisions.

No.

No provisions.

provisions on these subj
trust companies in the
No provisions.

If named in charter. '92, ch,
19, §156.

No provisions.

No.
No provisions.

hereafter be created, renew
ges." Const. '76, Art. 16, §16

No provisions.

No.

No provisions.

No provisions.
No provisions.
No provisions.

Yes.
No provisions.

Yes. Knox Hist, of
ing, p. 464.

No provisions.

ed or extended with bank-
No provisions.

Yes. Statutes '94, § 4121.

No provisions.

Trust co's have banking
powers. Ballinger, §1266.

No provisions.

J In Missouri trust companies may receive demand deposits if they pay interest thereon. Such de-
posits may be paid on checks. Trust companies may not operate a general deposit account without
paying interest. They may buy and sell bills of exchange. When statute enumerates powers of a
trust company, no others should be assumed.— 114 Mo. 562 ; Sup. Ct. of Mo., June 14, 1898.

- No trust companies in the State.

3 " In the absence of statutory provisions on the subject, a trust company authorized to receive
money on deposit, has lawful authoritv to issue certificates of deposit therefor in the usual form."—
105 F. 491 ; U. S. Circuit Court, Pa., Dec. 26, 1900.
24

Trust Companies in the United States.

346

SCHEDULE V.

States and
Territories.

Alabama

Arkansas

Arizona1

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Idaho

Illinois

Indiana

Indian Territory

Iowa

Kans

Kentucky

Louisiana1

Maine

Maryland

Massachusetts .

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

New Mexico1 . . .

Nevada1

New Hampshire

New Jersey

New York

North Carolina .
North Dakota1..
Ohio

Oklahoma

Oregon

Pennsylvania. .
Rhode Island . .
South Carolina .

South Dakota...

Tennessee

Texas-

Utah

Vermont

Virginia

Washington. .
West Virginia ■ ,

Wisconsin

Wyoming1

Incorporation of Trust Companies.

How chartered.

No special provisions, but may be formed under
general corporation law. Code '96, Vol. 1, § 1251.

No special provision, but may be formed under
general corporation law. Sandels & Hill, Digest,
'94, § 1326.

No special pro vis ions, hut may be formed under
general law. R. S. '87, §232.

General law. '91, ch. 264.

General law. '91, p. 102.

Special act. G. S. 88, § 1944.

Special act.

Genera 1 law. Co<i e '01, §§ 715-21.

General law or by special act. The general
law is for all corporations. It does not mention
trust companies. R. S. '92, §2119.

General law. Code '95, Vol. 3, §1903.

General law. '01, p. 26.

p. 296. This is the general
Trust companies may be

R. S. '99, p. 433.

p. 344. Horner's Statutes, '97,

General law.
corporation law
formed under it.

General law. '9
§3815 a.

No provision for chartering corporations. Am.
Corporation Le°r. Manual, 1901, p. 164.

General corporation law. Code '97, §1889.
§iss9 appears to have been added by revisors in
1897.

General law. '01, ch. 407.

General law. Statutes '94, ch. 32.

General law. R. S. '97, §277.

Special act.

Special act, '90, ch. 272.

Special act.

General law. '89, ch. 108.
General law. Statutes, '94, §2841.
General law. '97, ch. 33.

General law. R. S. '99, §1424.
General law. Code '95, Vol. 1, p. 877.

Probably under general law, C. S. '97, §1826.
There is no provision concerning trust companies
in Nebraska laws.

General law. '87, ch. 68, R. S. '97, §260. This act
is for savings banks and " trust associations." It
does not mention usual trust company powers.

Probably under general law. C. S. '00, § 866. No
provisions concerning t rust co's in Nevada laws.

Specialact, Nogen'i incorporation law in State

General law. '93, p. 269 ; '99, ch. 174.

General law. '87, ch. 546, also special charters.

Special act.

General law. '97, ch. 143.

General law. '82, p. 101. General trust powers
were conferred by act of 1882, but such com-
panies are organized under general corporation
law first passed 1852.

General law. Oklahoma S. '93. § 930. Special pro-
visions in general law first made, '01, p. 87.

General incorporation law. No legislation
concerning trust companies in State ; Hill's laws
'92, § 3217.

General law. '81, ch. 26.

Special act. G. L. '96, ch. 176, § 10.

General law. '96, ch. 45. No special trust com-
pany legislation in State. Some companies oper-
ate under banking and corporation laws.

General law. Ann. S. '99, § 3812.

General law. 'S3, ch. 168, Code '96, §2090.

General law. R. S. '95, § 642.

General law. '90, p. 107. R. S. '98, §423.

Special act.

General law. Ballinger's Codes '97, § 4266.

General law. Code '99, p. 557.

General law. Statutes '98, § 1791 d.

General law. R. S. '99, §3128.

General law : year of

first passage.

70, p.

1887.

1891.

1877. G.L. '77, p. :

1890. U. S. Statutes at
L. Vol. 26, p. 625.
1868. '68, ch. 1639.

1891. '91, p. 172.

1901. '01, p. 26.

1872. R. S. '99, p. 433.

p. 344.

Prior to 1851

1901.
1893.
1892.

*92, ch

95.

1876. p. 292
1890, ch. 272.

. Repealed

1871.

1883. '83, ch. 107.

1892. Code was adopted
1892

1885. '85, p. 103.

1887- Code '95, Vol. p
877, '93. p. 105. Comp. stat.
'87, p. 765.

1887.

'87, ch.

68.

1865.

1885.
1887.

1897.

1882.

S. '97, §

,82, p.
3821a.

101 ; Bates'

1893.

Okl. S

'93, p. 228.

1862. Date general cor-
poration law was passed.
Hill's L. '92, §3217.

1881.

1896.

1893.
1883.
1891.
1890.

'93, ch

'91, ch
'90, p.

42.

101.
107.

1886.
1891.

1883.
1888.

'85-6, p
'91, ch
'83, ch
'88, ch

. 84.
28.
294.
88, §38.

No trust companies in State.

2 Schedule XIX.

347]

Appendix III.

SCHEDULE VI.

States and
Territories.

May trust companies incorporated elsewhere operate.1

Alabama

Arkansas

Arizona'-

California

Colorado

Connecticut...

Delaware

Dist. of Columbia

Florida

Georgia

Idaho

Illinois

Indiana

Indian Territory
Iowa

Kentucky

Louisiana2

Maine

Maryland

Massachusetts —

Michigan

Minnesota

Mississippi

Missouri

Montana ,

Nebraska

New Mexico2

Nevada2

New Hampshire.

New Jersey

New York

North Carolina. . .

North Dakota2 . . .

Ohio

Oklahoma

Oregon

Pennsylvania —

Rhode Island...
South Carolina.
South Dakota . .

Tennessee

Texas3

Utah

Vermont

Virginia

Washington ...
West Virginia..

Wisconsin

Wyoming2

Yes. 37 F. 242. No restrictions in foreign corporation law. Code '96, vol. 1, §§1316-1324.

Yes. No restrictions in law of foreign corporations. '99, ch. 19.

Yes. No restrictions in law of foreign corporations. R. S. '87, §347, §352.

Yes. No restrictions in law of foreign corporations. '99, p. 111.

Yes. No restrictions in law of foreign corporations. '93, p. 88; '97, p. 157.

No foreign trust companies in state, but no restrictions in law of foreign corpor-
ations. '95, p. 629. May not do banking business.

Yes. No restrictions in law of foreign corporations. '93, ch. 703 ; '97, ch. 513.

Yes. Code '01, §725.

Yes. No restrictions on foreign trust companies. 37 Fla. 64.

Yes. No restriction in law of foreign corporations. Code '95, vol. 3, §§1816-1850.

No special provision. No restrictions iu law of foreign corporations. R. S. '87,
§2653.

Yes. '99, p. 118. 68 111. App. 666. W. Va. '95, corp. p. 51. 68 F. 412.

Yes. No restrictions in law of foreign corporations. Ann. S. '97, §3022.

Yes. No laws concerning corporations. Am. Corporation Legal Manual '01, p. 165.

Yes except for banking. Code '97, §1367. No special provision, but no restrictions
on foreign corporations.

Yes. 35 Kan. 236.

No restrictions in law of foreign corporations. Statutes '94, §202.

Yes.
No.
Yes.
Yes.
No.
No.
Yes.

'99, ch. 123. No restrictions in law of foreign corporations.
'92, ch. 109.

No restrictions in law of foreign corporations.

No restrictions in law of foreign corporations. Code '92, §849.

Yes. No restrictions in law of foreign corporations. '91, p. 75, 101.

Yes. No restrictions. '01. p. 150. Civil Code, §§1030-1038.

Yes. No restrictions in law of foreign corporations. C. S. 97, §1946.

Yes. 43 Pac. 701. No restrictions in law of foreign corporations. C. L. '97, §§445,446.

Yes. No restrictions in law of foreign corporations. C. L. '00, §§897-901.

No. Trust companies must be specially chartered.

Yes. '90, p. 427.

No. May not act as trustee nor engage in banking. '92, ch. 689, §88.

Yes. No law regulating foreign corporations except transportation companies.
Am. Corp. Legal Manual, '01, p. 431.

Yes. No restriction in law of foreign corporations. Code '99, §326.

No.

Yes. No restrictions. S. '93, §1167, §1169.

Yes. No restrictions. Hill's L. '92, p. 1449.

Yes. W. Va. '01, p. 552; '74, ch. 108. Pepper & Lewis, p. 2175. (No foreign com-
panies in state.)

Yes. G. L. ch. 253, §37. W. Va. '97, corp. p. 103.

Yes. R. S. '93, §1472.

Yes. Ann. S. '99, §4204. '95, ch. 45. (May act as trustee.)

Yes. Code '96, §2545. No restrictions.

Yes. No restrictions. R. S. '95, §745-9.

Yes. No restrictions. R. S. '98, §351.

No.

Yes '94 ch 661.

Yes! No restrictions in law of foreign corporations. Ballinger's Code '97, §§4291-4294.

Yes. No restrictions in law of foreign corporations. Code '99, ch. 54, §30.

Yes. No restrictions in law of foreign corporations. Statutes '98, §1770.

Yes. No restrictions in law of foreign corporations. R. S. '

1 So-called foreign trust companies.

No trust companies in State.

'Schedule XIX.

Trust Companies in the United States.

'348

SCHEDULE VII.

States

Reports. (State regulation of trust companies.)

Territories.

Required. To whom made.

Year of 1st passage
of law.

No.

Yes. R. S.'Ol §§130-1.

Yes, twice yearly.

Yes, not less than
three a year.
Yes. quarterly.

No.

Charters require
Savings banks must
Yes.

Yes, if doing bank-
ing business.

Yes. If doing bank-
ing business, '98, p.
78. §12.

No.

Yes.

Yes.
No.
Yes, quarterly.

Yes, quarterly.

Yes.

Yes, quarterly.

Yes, twice yearly.

Yes.

Yes, quarterly.

Yes.

Yes, twice yearly.

Yes,when required
by Secretary of
State, at least twice
yearly.

No trust company legislation.

Territorial auditor. Applies to bank-
ing companies.
Bank commissioners, '91, ch. 264, §12.

State treasurer, '91, p. 102, §11.

Bank commissioners, G. S. '88, § 1787.

No trust company legislation,
annual publication in some cases,
also publish report.R. Laws, '93, p. 570.

U. S. comptroller, Code '01, §720, §730.

Comptroller, R. S. '92, §2190.
No trust company legislation.
Bank examiner, who is State treas-
urer, Code '95, Vol. 3, § 1912.

1901.

1891.
1891.

1872.

1890.
at Lai
625.

1889.

1894.

1887.
1893.

1873.
1901.

1877.

1893.
1892.

1888.
1889.
1883.
1897.
1895.

Connecticut

'72, ch. 78

Dist. of Columbia..

U. S. Statutes
ge, Vol. 26, p.

'94, p. 77.

Auditor of public accounts, '87, p.
144, R. S. '99, p. 470.

Auditor of State. Horner's Statutes,
'97. § 3815 n.

No trust company legislation.

Auditor of State. Code '97, § 1872; ap-
plies to banks. Code '97. § 1889; applies
banking law to trust companies.

Bank Commissioner, '01, ch. 407, §13.

Auditor of public accounts. Statutes
'94, §4078, §4092, p. 615.

Bank examiner. '98, p. 449. Except in
special cases the bank examiner does
not examine banks, other than by
getting reports.

Bank examiner, '93, ch. 258; '95, ch. 130.

State treasurer, '92, ch. 109.

Commissioners of savings banks. '88,
ch. 413.

Commissioner of banking, C. L. '97,
§ 6170.
Public Examiner. Statutes, '94, §2852.

No one. Must be published.

Secretary of State. R. S. '99, §1284,
§1287.

'93, p. 344.

Indian Territory. . .

'73, ch. 60, §22
'01, ch. 407.

'77, p. 129.

Maryland

Massachusetts

'92, ch. 109.
'89, ch. 108.

'83, ch. 107.

'97, ch. 33.

'95, p. 97.

No trust companies in State.

349]

Appendix III.

SCHEDULE VH.-Continued.

States

Reports. (State regulation of trust companies.)

Territories.

Required.

To whom made.

I Year of 1st passage
1 of law.

Yes, quarterly.

No.

Yes, twice yearly.

No.

Yes.

Yes, if doing
banking business
live times a year on
call.

Yes.

Yes, when re-
quired.

No.

Yes.

Yes. In form of
quarterly state-
ments to be pub-
lished in newspaper.
R. S. '93, §1464.

Yes.
No.

Yes.

Yes, quarterly.

Yes.

Yes, quarterly.

Yes.

No.

State auditor. Civil Code, §607.

No provision.

No trust company legislation.

Secretary of the territory. C. L. '97,
§269.

No provision.

No trust company legislation.

Board of bank commissioners. P. S.
'01, p. 536.

Commissioner of banking, '99, ch.
174. Formerly to secretary of State.
'89. p. 368.

Sup't. of banking, '74, ch. 334.

Corporation commission, '99, ch. 164.

State examiner, Code '99, §3258n.

Auditor of State. '77, p. 72, Bates' S.
'97. § 3821b.
Secretary of territory. '01, p. 95.

No trust company legislation.

Superintendent of banking. '91, ch.
190.
State auditor. Gen'l Laws, '96, p. 555.

1887. C. S. '87, p.
765.

New Mexico1

1887. '87, ch. 68, § 8.

New Hampshire . . .
New Jersey

1895. '95, ch. 105.
1889.

1874.

North Carolina

North Dakota1

1887. '87, ch. 175.

1897. '97, ch. 143.

1877.

1901.

Pennsylvania

Rhode Island

1891.
1877.
1874. '74, ch. 432.

South Dakota

Secretary of State. Ann. S. '99, §4205.

Statement of condition to be pub-
lished in newspaper every six months.
'83, ch. 168.

Commissioner of insurance, R. S. '95,
§ 042, p. 164.

Secretary of State, R. S. '98, §430, §388.

Inspector of finance. Statutes, '94,
§4081.

Auditor of public accounts. '94, ch.
661, §16.

State Auditor. Ballinger's Codes '97,
§4266.

Commissioner of banking. '01, ch. 83,
§81, 1 8; '01, ch. 85, § 1; 01, ch. 85. §81, «fl5.

Secretary of State. Statutes '98,
§17911.

1895. '95, ch. 45.
1883.

1891. '91. ch. 101.

Utah

1890. '90, p. 107.

1878.

1894.

Washington

West Virginia

Wisconsin

1886. '85-6, p. 84.
1901. '01, ch. 83, §81,
1885. '85, ch. 33.

1 No trust companies in State.

'■ Schedule XIX.

Trust Companies in the United States.

[350

SCHEDULE VIII.

Examinations. (State regulation of trust companies.)

Territories.

Required.

Made by.

Year of 1st passage
of law.

No.

No trust company legislation.

No.

Yes. R.S. '01, §§130-1.

1901.

ing companies.

1891.

No.

Connecticut

Yes, twice yearly. Bank commissioners. G. S. '88, §1827.

1872.

'72 c. 78.

No.

Dist. of Columbia. .

Yes.

U. S. Comptroller. Code '01, §720.

1890. U. S. Statutes
at Large, vol. 26, p.625,

Yes, if doing bank-
ing business.

Comptroller at discretion. Applies to
"banking companies." R. S. '92, §2191.

1889.

'89, ch. 3864.

Yes, if doing bank-
ing business. '98, p.
79, §12.

Bank examiner. Code '95, vol. 3, §1919.

1889.

'89, p. 65.

No.

Yes.

Auditor of public accounts. '87, p.
144. R. S. '99, p. 470.

1887.

Indiana

Yes.

Auditor of state. '93, p. 344. Horner's
Statutes, '97, §3815o.

1893.

'93, p. 344.

Indian Territory. . .

No.

No trust company legislation.

Yes. Code '97, §1873.

1873.

'73, ch. 60, §23.

may appoint examiners. '90, ch. 50.
applies to banks. Code '97, §1889, ap:
plies banking law to trust companies.

Bank commissioner. '01, ch. 407, §13.

1901.

No.

1877.

'77, p. 129.

leans parish. | years. R. S. '97, §303.

Yes, twice yearlyj Bank examiner. '97, ch. 218. R. S.
'83, ch. 47, §119.

1897.

'97, ch. 219.

1892.

'92, ch. 109.

Massachusetts

Yes.

Commissioners of savings banks. '88,
ch. 413.

1888.

Yes.

Commissioner of banking. C. L. '97,
§§6124-6128, 6172.

1887.

'87, ch. 205.

Yes, twice yearly.

Public examiner. Statutes '94, §2853.

1883.

'83, ch. 107.

Yes.

Secretary of state. R. S. '99, §1304.

1895.

'95, p. 97.

No trust companies in State.

351]

Appendix III.

SCHEDULE Vlll.-Continued.

Examinations. (State regulations of trust companies.)

Territories.

Required. Made by.

Year of 1st passage
of law.

Yes, at discretion
of state auditor.

No provision.

No, but may be
made at discretion
of secretary of ter-
ritory.

No.

Yes, twice a year.
No.

Yes.

Yes, if doing bank-
ing business.

Yes, twice yearly.

No, may be made
at any time.
Yes.

No.

Yes.

No.

Yes.

No.

No, but may be
made at any time.

Yes.

No, but may be
made at any time.
No.

Yes.

State auditor or some one designated
by him. Civil Code §607.
No trust company legislation.
Secretary of territory. C. L. '97, §28.

No trust company legislation.

Board of bank commissioners, three
members. '89, ch. 55.
Commissioner of banking. '99 ch. 174.

Superintendent of banking. '74. ch.
324.

No trust company legislation. Ex-
aminer appointed by state treasurer.
'91, ch. 155.

State examiner. Code '99, §3258e.

Examiner appointed by auditor of
state. Bates' S. '97, §3821d.
Bank commissioner. '01, p. 101.

No trust company legislation.

Superintendent of banking. '91, ch.
190.

Bank examiner. '96, ch. 48.

1887, C. S. '87, p. 765.

New Mexico1

1887. '87, ch.68.

New Hampshire...

1889.

New York

North Carolina

North Dakota1

Ohio

Oklahoma

Oregon

Pennsylvania

1874.
1891.

1897. '97, ch. 143.

1901.

1891.

South Carolina

1896.

Commissioner of insurance. R. S. '95,
§642, 137.
Bank examiner. R. S. 98, §2441.

Inspector of finance. Statutes '94,
§4120.

Auditor of public accounts. '94, ch.
661, §18.

1891. '91, ch. 101.

Utah

1898. R. S. '98, §2441.
This § was added by
revisors and adopted
by legislature.

1874.

Washington

West Virginia

Bank commissioner. '91, ch. 26. Code
'99, p. 598 ; '01, ch. '85, §7.
Bank examiner. '95, ch. 291.

State examiner. R. S. '99, §129.

1891. '91, ch. 26.
1895.

1891. '91, ch. 84.

No trust companies in State.

-Schedule XIX.

Trust Companies in the United States.

352

SCHEDULE IX.

Receivership. (State regulation of trust companies.)

States and
Territories.

May state officials apply for
receiver ?

Year of first
passage.

May state offi-
cials take posses-
sion pending ap-
pointment of
receiver ?

Year of first
passage
of law.

Alabama

Arkansas

No provision. No trust com-
pany legislation.

No.
No.

It u u

California

Yes. Attorney general on in-
formation of bank commissioners,
'91, ch. 264, § 17.

No.

Yes. G. S. '88, §1830.

No. No trust company legis-
lation.

Yes. U. S. District Attorney,
Code '01, §786. U. S. Comptroller.
U. S. Statutes at L. Vol. 26, p.
625. § 6.

No trust company legislation.
No provision as to trust com-
panies. Comptroller may apply in
case of banking companies, R. S.
'92, § 2192.

Yes. If doing banking business,
'98, p. 79, § 12. Bank examiner re-
ports to governor who directs
attorney general to begin proceed-
ings, '95, p. 58.

No provision.

Yes. '87, p. 144, § 13 ; R. S. '99, p.
470.

Yes. '93, p. 344.

No. No trust company legislation

Yes. By attorney general on
information of state auditor.
Code '97, §1877, applies to banks.
Code '97§, 1889, applies banking law
to trust companies.

Yes. Attorney general on in-
formation of bank commissioner,
G. S. '99, §§418, 434, '01, ch. 407, §15.

Yes. Attorney general, '94, ch.
35. Secretary of state, statutes,
'94, §616.

Yes. Auditor of public accounts
may act. R. L. '97, §§ 284, 293.

Yes. '97, ch. 218, R. S. '83, ch. 47,
§121.

Yes. Attorney General on in-
formation, '92, ch. 109.
Yes. '88, ch. 413.

Yes. C. L. '97, §6184. Attorney
general on information of bank
commissioner.

Yes. Statutes '94, §2854. At-
torney general on information of
state auditor or public examiner.

No provision.

Yes. R. S. '99, §1305.

1891.

1879." ''79,'ch. 8.

No.

No. But bank or
trust company
may be restrained
from paying out
on application of
commissioners to
court, '97, ch. 3.

Connecticut

1897.

Dist. of Columbia.

1890.

1889. '89, ch.
3864. § 37.

Yes. Comp-
troller, Code, '01,
§720.

No.

1890. U. S.
Statutes at L.
Vol. 26, p. 625,
§6.

1895. '95, p. 58.

No.

No. '87, p. 144, §13.

No. '93, p. 344.

No.

Yes.
No.

No.

No. R. S. '83, ch.
47, §121.

No.

No. Injunction
may be granted,
•88,'ch. 418.
Yes.

Yes.

No.

Yes. '97, p. 83.

1893.

1873." '73,' ch.
60 § 25.

1901. '01, ch.
407.

1894.

1855. '55, ch.
166.

1897.

1892. '92, ch.
109.

1888. '88, ch.
413.

1887. '87, ch.
205.

1883. '83, ch.
107.

No.

1897. '97, p. 83.

Indian Territory.
Iowa

1901. '01, ch.

Kentucky

Louisiana1

407, § 15.

Massachusetts ...

Michigan

Minnesota

Mississippi

Missouri

1888.

1899. '99, ch.
200, § 14.

1897. r'.'s. '99,
§1305.

No trust companies in State.

153]

Appendix III.

SCHEDULE IX.-Continued.

States and
Territories

Receivership. (State regulation of trust companies.)

May state officials apply for
receiver ?

Year of first
passage.

May state offi-
cials take posses-
sion pending ap-
pointment of
receiver?

Year of first
passage
of law.

Montana

Nebraska

New Mexico1 —

Nevada1

New Hampshire

New Jersey

New York

North Carolina.

North Dakota1..

Ohio

Oklahoma

Oregon

Pennsylvania . . .

Rhode Island —
South Carolina.

South Dakota
Tennessee —

Texas2
Utah . ,

Virginia.
Washington ...
West Virginia.

Wisconsin ,
Wyoming1

No provision.

No provision. No trust com-
pany legislation.

Yes. Attorney General on in-
formation of Secretary of terri-
tory, C. L. '97, §280.

No provision. No trust com-
pany legislation.

Yes. R. S. '01, p. 537.

Yes. '99, ch. 174, §24.
Yes. '82, ch. 409, §223.

Yes. '93, ch. 478. Applies to
banking corporations. No trust
company legislation.

Yes. Attorney general on in-
formation of state examiner.
Code, '99, §3258 p.

No.

Yes. Bank commissioner, '01, p.
101.

No provision. No trust com-
pany legislation.
Yes. '91, ch. 190.

No provision.

Yes. '96 ch. 48. No special trust
company legislation in state. Such
companies operate under banking
and corporation laws.

No provision.

Governor and attorney general
of state may direct attorney gen-
eral of district to apply, Code '96.
§ 6168.

No provision.

Yes. Attorney general on in-
formation of secretary of state.
R. S. '98, §390.

Yes. '84, ch. 41, §42.

1887. '87, ch.
68, §20.

9. '89, ch.
55. The law for

ks was
passed in 1837.
In 1889 trust
companies
were brought
under its pro-
visions.

1897. '97, ch,
143.

1890. '90, ch.
70. Examiner
may also ap-
ply for re-
ceiver, '90, ch.

1884.

No.

Yes- Bank examiner may re-
port insolvent bank to board of
public works who may revoke
charter, '91, ch. 26. Bank examiner
may apply for receiver with con-
sentof governor and attorney gen-
eral, '01, ch. 83, §81; '01, ch. 85, §1.

No.

Yes. Governor on information
of state examiner, R. S. '99, § 130.

No.

Nn.

No.
No.

'99, ch. 174,
3, ch. 333,

No.
No.

No.

Yes. Bank com-
missioner, '01, p.
101.

No.

Yes. '91, ch. 190.

1. '91,ch.{

No.

No. Code
§§5165-5187.

No.
No.

Yes. If court
orders. '84, ch. 41,
§42.

No.

No.
Yes.

1 No trust companies in State.

'Schedule XIX.

Trust Companies in the United States.

354

States and
Territories.

SCHEDULE X.

Securities required of
trust companies.

Deposit of funds with
state officials.

SCHEDULE XI.

Double liability of stockholders.

Year of

1st passag

of law.

Trust
companies.

Year of

1st passage

of law.

Alabama

Arizona1

Arkansas

California

Colorado

Connecticut

Delaware

Dist. of Columbia

Florida

Georgia

Iowa

Idaho

Illinois

Indian Territory ,
Indiana

Kansas1

Kentucky

Louisiana1

Massachusetts . . .
Maryland

Maine

Michigan

Minnesota

Mississippi

Missouri

No trust co. legislation.

$200,000 with treasurer, '91,
ch. 264.

No.

Banks anc
Yes. Code §746.

No trust co. legislation.

No.

( $200,000 in cities of 100,000;
$50,000 elsewhere, R. S. '99,
( p. 470.

No legislation

No.

No.
No.

Court may require.

No.

15$ of capital with treas
urer. The deposit to be not
less than 10$ of value of
capital, and $30,000
amount, '92, ch. 109.

No.

50£ of capital with treasurer
C. L. '97, §6157.

$100,000 with auditor, S. '94,

§2845.

$200,000 with Supt. of Insur-
ance,^!, p. 99.

No.

No. Pro rata
liability.

Yes. Mills' S
p. 650.

No.

trust compan

Yes. C. L. '94.
ch. 15, §162.

Yes. R. S. '92.
§2172.

Yes. '91, p.175.

Yes. '74,ch. t

No.

Yes. Const.

Art. 11, §6,

on banks or

Yes. Const,
art. 11.

Yes. '91,ch. 43

Yes. '93, ch.
171.

No.

No state banks

Yes. '70, ch

Const, art. 12

ies are specia
1876

1870

trust compan

1851

No trust co.

No. Pro rata
liability.

No.
lly chartered.

Yes. Code
§734.

No trust co.

Yes. '98, p.81.
Some are
specially
charterd.

Yes. Code, '97,
§1889.

No.

Banks may

trust powers
ies.

Yes. '

p. 344

Const. 1851
" 1867

'87, ch

Yes. '01,ch.407

Yes. '93, ch.
171.

No.

Yes. '88, ch.

413.
Yes. '92, ch.

109.

Yes.'99,ch.6i
Liability
usually
fixed by
charter.

Yes. '89, ch.
108.

Yes. S.
§2501.

No.
No.

legislation

Const,
art. 12,§3.

legislation

acquire

No trust companies in State.

355]

Appendix III.

SCHEDULE X.-Cont.

SCHEDULE Xl.-Cont.

States and
Territories.

Securities required of
trust companies.

Double liability of stockholders.

Deposit of funds with
State officials.

Banks.

Year of

1st passage
of law.

Trust
companies.

Year of 1st
passage
of law.

No.

Yes.

Const. 1875,
art. 2, §7.

No trust co.

legislation

Nevada l

North Carolina . . .

No.
No.

No individ-
ual liability
exists.

No.

Const. 1864,
art. 8, §3.

No trust co.
No.

legislation

North Dakota1....

$50,000 with state auditor.
Code, §3258.

Yes. '90, ch. 23

1890

No.

New Hampshire..

No.

New Jersey

f Trust liabilities not
-rr„0 J to exceed 10 times
xes-]fund deposited, '99,

[ch. 174.

No.

New Mexico1 ....

No.

New York

Court may require, '98, ch.
'98.

Yes. '82, ch.
409.

1882

Yes. '87, ch.
546.

1887

Ohio

Probate court may require.
Bates, §3821d

Yes. Const,
art. 13.

1851

Yes. '82,p. 101.

1882

Oregon

No trust co. legislation.

No.

No trust co.

legislation

Oklahoma

§200,000 with treas., '01, p. 99.

Yes.

No.

Pennsylvania

No.

Yes. Pepper
& Lewis, p. 263.

1876

No.

Rhode Island

No.

Yes. G. L. '96,
p. 541.

1872

Fixed by cha

rter.

South Carolina . . .

No.

Yes. Const,
art. 9, §18.

1895

Yes, if engag
ing.

ed in bank-

South Dakota

No.

Yes.'91,ch.27.

1891

No.

Texas2

$50,000 with state treasurer,
R. S. '95, §642.

No.

Utah

No. R. S. '98, §§423-30.

No.

'95, art. 12,
§18.

5% of capital with treasurer,
'94, ch. 661.

No.

Vermont

No.

Yes. '84,ch.41.

1884

West Virginia ....

20% of capital. '01, ch. 85.

Yes. '01, ch. 83

1881

Yes.'01,ch.85.

1891

Washington

No.

Yes. '86, p. 85.

1886

Yes. '86, p. 85.

1886

No legislation

for other than

bk'swith trust

powers.

50# of capital. S. '98, §1791d.
No. '88, ch. '88.

Yes. S. '98, p.
1537.

Yes. '88, ch. 88

1852

No.

Wyoming1

1888

Yes. '88,ch. 88.

1888

No trust companies in State.

-Schedule XIX.

Trust Companies in the United States.

[356

SCHEDULE XII.

States and
Territories.

Deposits: proportionate reserve required.

Banks. I Tear of passage of law. [Trust co's.l Year of passage of law.

Alabama

Arkansas

Arizona1

California

Colorado

Connecticut

Delaware

Dist. of Columbia

Florida

Georgia

Idaho

Illinois

Indiana

Indian Territory .
Iowa

Kans

Kentucky .
Louisiana1 —
Maine

Maryland

Massachusetts

Michigan

Minnesota —

None.
None.

None.
None.
None.
None.

None.

(Savings
" •)
15#
2($

R. S. '01, §138.

1877.

G. L. '77, p. 165. Mills S. §526.

1901.

'01, ch. 143.

1872.

Code '01, §713.

U. S. Revised S. '74, §5191.

'89, ch. 3864 ; R. S. '92, §2182

1891.

'90-1, p. 171.

Code '95, vol. 3, §1915.

for savings banks in cities
under 3,000.
elsewhere.

for state banks in cities un-
der 3,000.
others.
Code '97, §1867.

1897.
in cities under 5,000.
in other cities.

'97, ch. 47 ; G. S. '99. §418.

1894.
in cites over 50,000.
'94, ch. 35.

(if demand deposits.
'00, ch. 116.

of demand deposits, or those
requiring 10 days notice.

'93, ch. 281.
savings banks.

1887.
in cities exceeding 100.000.
'87, ch. 205 ; C. L. '97, §611:

of immediate liabilities.
'95, ch. 145.

None.
None.
None.
None.
None.

15
None.

None.

25;:

None.
None.
None.
None.
None.

1901.

'01, ch. 143.

if doing banking business.
'98, p. 78.
Code '95, vol. 3, §1915.

1901.
of demand,
of time.

'01, ch. 407.

1900.
of demand deposits.
'00, ch. U6.

of demand deposits or th
requiring 10 days notice.

'93, ch. 281.

15s? of demand deposits.
I '88. ch. 413.

20% of obligations and money.
"91, ch. 126 ; C. L. '97, §6165.

1 No trust companies in State.

357]

Appendix III.

SCHEDULE XH.-Continued.

States and
Territories.

Deposits : proportionate reserve required.

Year of passage of law.

Tear of passage of law.

Mississippi.
Missouri . . .

Montana .

Nebraska
Nevada ' . .

New Hampshire.
New Jersey

New Mexico1
New York . . .

North Carolina.
North Dakota1.

Oklahoma

Oregon

Pennsylvania...
Rhode Island . . .
South Carolina
South Dakota .

Tennessee

Texas2

Utah

Vermont

Virginia

Washington ...
West Virginia.

Wisconsin

Wyoming1

None.
None.
None.
None.
21
None.
None.

None.
None.
None.

15%
None.
None.

1899,

R. S. '99, §§1280, 1304.

1887.
of immediate liabilities.

Civil Code §584. C. S. '87,
p. 754.

1895.
in cities of 25,000.
'95, ch. 17.

for savings banks with no
capital.
'69, ch. 93, §11.

of liabilities.
'99, ch. 173, §20

in cities of 800,000.
elsewhere.
'95, ch. 929, §44.

'93. ch. 2T, §20.
Code 99, s:;;.'ir,.

1879.

'79, p. 73 ; Bates, p.

'97, ch. 4, §23.

in cities of 25,000.
elsewhere.

R. S. '98, §378 ; U. S. R.
1878, §5191.

1901.
'01, ch.

None.

lf,"

None.
None.

None.
None.
None.
None.
None.
None.
None.
None.

None.
None.
None.

15*
None.
None.

R. S. '99. §§1280, 1304.

of liabilities.
'99, ch. 174, §20.

of demand deposits or those
payable in ten days.
'82, p. 101 ; Bates 3821b.

1890.
in cities of 25,000.
elsewhere.

This applies to trust com-
panies engaged in banking.

R. S. '98, §424.

1901.
'01, ch. :

\ §1.

No trust companies in State.

2 Schedule XIX.

Trust Companies in the United States.

[358

SCHEDULE XIII A.

States and
Territories.

LOANS (Legal restrictions).

Banks.

Alabama

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Dist. of Columbia

Florida

Georgia

Iowa

Tdaho

Illinois

Indian Territory.

Indiana

Kansas

Kentucky

Louisiana

Massachusetts . . .

Maryland

Maine

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

North Carolina.
North Dakota ..

New Hampshire
New Jersey

New Mexico —
New York

Ohio

Oklahoma

Oregon

Pennsylvania ..

Rhode Island. .
South Carolina.
South Dakota ..

Tennessee
Texas l ....
Utah

Vermont .
Virginia ..

West Virginia.

Washington
Wisconsin . .
Wyoming .

None.

Not over 25? of paid in capital in one loan. Mills S. ch. 12, §2.

Not over 20;" of paid in capital, surplus and undivided profits. '01, ch. 143.

No general law in state. Banks and trust companies are specially chartered.

National banks. Not over 10? of paid in capital in one loan.

Not on capital stock. R. S. §2183.

Not over 10? of capital and surplus in one loan. '98, p. 48. Total loans to officers not to
exceed 25? of capital. Code §1948. Not to loan on officer's indorsement. Code §1949.

Not over 20? of paid in capital to one person : discount of bills of of exchange and
commercial paper not counted as loan. Code '97, §1870.

None.

Not over 1/10 paid in capital in one loan ; discount of bills of exchange and commer-
cial paper not counted as loan. R. S. '99, p. 200.

None.

Not over 15? of paid in capital and surplus in one loan; discount of bills of ex-
change and commercial paper not counted as loan. G. S. '01, §419.

Not over 20? of paid in capita; and surplus in one loan ; no person to become liable
to bank for more than 30? capital and surplus. S. '94, §583.

Not to loan on capital stock. R. S. '97, §281.

Not to loan to officers. '94, ch. 3.17, §22. (Savings banks.)

To states not to exceed $50,000. P. G. L. p. 107.

Not to loan to officers. R. S. '83, ch. 47, §104.

Not over 1/10 paid in capital in one loan, 1/5 by 2/3 vote of directors ; bills of exchange
and commercial paper discounted not counted as loan. Not over 50;; of capital to be
loaned on real estate, 2/3 vote of directors necessary. C. L. '97, §§0113, 0143. Not to loan
on capital stock. '99. ch. 205.

Not over 15% of paid in capital and surplus in one loan. S. §3428.

Not over 1/5 capital in one loan. Code §851.

Not over 25;.' of paid in capital and surplus in one loan if surplus is 50% of capital.
R. S. '99. §1292. Discount of bills of exchange, and commercial paper not counted as
loans if based on collateral.

Not over 15% of paid in capital and surplus in one loan. C. C. §583. Discount of
commercial paper and bills of exchange not counted as loan.

Not over 20? of paid in capital in one loan nor total of 50jS of capital to stockholders
collectively. Bills of exchange, and commercial paper discounted not counted as
loans. C. S. '97, §043.

None.

Not to loan on or hold own stock. R. C. 99, §§3244-7. Not over 15$ of paid in
capital in one loan. Bills of exchange, and commercial paper discounted and loans
on collateral not counted as loans. R. C. '99, §3347.

Not over 10? of deposits or capital stock in one loan. P. S. '01, p. 541.

Not over 1(1% of paid in capital and surplus in one loan ; discount of commercial
paper and bills of exchange not counted as loans. Not to loan on or buy its own
stock. '99, ch. 173.

Not to loan on or buy its own stock. C. L. '97, §244.

Not over 1/5 paid in capital and surplus in one loan; discount of bills of exchange,
commercial paper and loans on collateral not counted as loans; not to loan on
shares. Birdseye S. p. 204.

Not over 1/10 paid in capital in one loan ; discount of bills of exchange, and commer-
cial paper not counted as loans. Bates' S. §§3831-80. Not to loan on or own its own
capital stock. Bates' S. §§3831-71.

Not over 20% of paid in capital and surplus in one loan ; discount of bills of exchange
and commercial paper not counted as loan. Not over 50? of capital to be loaned to
stockholders. '99, ch. 4. Not to loan on its own stock.

None.

Not over 10? of paid in capital and surplus to director. Loans to officers not to
exceed 25? of capital paid in. '01, ch. 268. Not to loan on capital. P. & L. Digest, p. 274.

Fixed by charter.

Not over 1/10 paid in capital and surplus in one loan. '97, ch. 291.

Not over 15? of capital in one loan ; discount of bills of exchange, and commercial
paper not counted as loans. R. S. '99, §1358. Not to loan on shares of its stock. R. S.
'99, §4358. Real estate loans not to exceed 60? of capital. R. S. '99, §4340.

None.

Not over 15? of paid in capital and surplus to one person nor 10? to officer. R. S. '98,
§§379, 380. Discount of bills of exchange and commercial paper not counted as loans.

None.

Not over 1/10 paid in capital in one loan ; discount of bills of exchange and com-
mercial paper not counted as loans. Code §1108. Not to loan on shares of its stock.
Code §1103.

NotoverSO? of capital, surplus and undivided profits in one loan ; discount of bills of
exchange and commercial paper not counted as loans. Not to loan on its own stock.
'01, ch. 83, §79.

None.

Not over 1/7 of paid in capital in one loan ; discount of bills of exchange, and com-
mercial paper not counted as loans ; 1/10 if capital exceeds $40,000. R. S. '99, §3096. Not
to loan on its own stock. R. S. '99, §3088.

Schedule XIX.

359]

Appendix III.

SCHEDULE XIII B.

States and
Territories.

LOANS (Legal restrictions).

Trust companies.

Arizona1

Arkansas

California

Colorado

Connecticut !

Delaware

Dist. of Columbia

Florida

Georgia

Iowa

Idaho

Illinois

Indian Territory.
Indiana

Kentucky

Louisiana1

Massachusetts.

Maryland .
Maine

Michigan

Minnesota

Mississippi —

Missouri

Montana

Nebraska '

Nevada x \

North Carolina...
North Dakota1...]
New Hampshire .

New Jersey

New Mexico1

New York

Ohio

Oklahoma

Oregon

Pennsylvania ...

Rhode Island

South Carolina. . .

South Dakota

Tennessee

Texas2

Utah

Vermont

Virginia

West Virginia —

Washington

Wisconsin

Wyoming1

None.

Not to stockholders. Mills S. §535.

Same as banks. '01, ch. 143.

Banks and trust companies are specially chartered. No general law in State.

None.

Same as banks. '98, p. 82.

Same as banks. Code '97, §1889

None.

Same as banks ; banks may acquire trust powers.

None.

Not to loan to directors. Horner's S. '01, §3815m.

None.

Not over 20# of paid in capital in one loan. S. '94, §610.

Same as banks. R. S. '97. §281.

Not to persons outside state, nor over 1/5 of paid in capital in one loan. '88, ch.
413. If capital is $500,000, 1 '5 capitaljpaid in and surplus. Discount of bills of exchange
and commercial paper not counted as loans. '01, ch. 255.

Fixed by charter.

Not to loan to officers without approval of directors: not to loan on capital stock.
'01, ch. 196.

None.

Not to officers. S. '94, §2851.

None.

Must be on collateral. R. S. '99, §1430.

None.

Same as banks. P. S. p. 541.

Not to loan on its own stock. Loans must be on collateral. '99, ch. 174.

None.

Same as banks ; 1/10 of paid in capital may be loaned to officer. Birdseye, p. 248.

Not over 1/10 paid in capital in one loan; none to officers or employees; must be
on collateral. Bates' S. §3821a.

None.

Same as banks in regard to loans to officers. '01, ch. 268.

Fixed by charter.

None.

Same as banks. R. S. '9S, §424.

Not over b% of deposits or $30,000 in one loan, nor over $10,000 on personal security.
S. '94, §4102. Not over b% of paid in capital to officers, discount of bills of exchange,
and commercial paper owned by officer not counted. S. '94, §4103. May loan over
5% to one person if deposits are $1,000,000. '00, ch. 53.

Fixed by charter.

None.

No trust companies in State.

•■Schedule XIX.

Trust Companies in the United States.

[360

SCHEDULE XIV A.

States and
Territories.

[NVESTMENTS. (Legal restrictions.)

Banks.

Arizona .

California —

Colorado

Connecticut . .

Delaware

Dist. of Columbia

Florida

Georgia

Iowa . .

Idaho

Illinois

Indian Territory.
Indiana

Kentucky

Louisiana

Massachusetts

Maryland

Maine

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

North Carolina..
North Dakota . . .
New Hampshire
New Jersey

New Mexico.

New York

Ohio

Oklahoma

Oregon

Pennsylvania ..
Rhode Island...
South Carolina.
South Dakota . .

Tennessee

Texas1

Utah

Vermont

Virginia

West Virginia..

Washington
Wisconsin . .
Wyoming...

None.

May hold only necessary real estate and that acquired in business. Mills S. §514.

Fixed by charter.

Banks and trust companies are specially chartered. No general law in state.

National Banks. Yes.

None.

May hold only necessary real estate and that acquired in business. Horner's S. '01,
§2695.

May hold real estate to value of 50$ of capital. G. S. '01, §457. Not to engage in
trade or buy stock of bank or corporation or loan or hold its own stock ; may hold its
own stock if necessary to prevent loss. G. S. '01, §417.

May hold only necessary real estate and that acquired in business. S. '94, §582.
Not engage in trade. S. §582.

Not engage in trade. R. L. §314.

Many restrictions. '94, ch. 317. §21. May hold real estate to amount of 5% of capital.

Not to deal in other than exchange, notes, bullion, stocks, or bonds. P. G. L. p. 106.

Many restrictions ; only in prescribed securities. R. S. '83, ch. 47, §§102, 103 ; '93, ch.
170: '95, ch. 161.

May hold only necessary real estate or that acquired in business. C. L. '97, §6100.

May hold only necessary veal estate and that acquired in business. S. '94, §2500.

May own S1.0li0.000 worth of property. Code §838.

Not to engage in industrial pursuits. R. S. '99, §1291.

May hold only necessary real estate and that acquired in business. C. C. §575.

May hold only necessary real estate and that acquired in business. C. S. '97, §636.

None.

May hold only necessary real estate and that acquired in business. R. C. '99, §3220.

Not over 10% of deposits or paid in capital in one investment. P. S. '01, p. 541.

Not over 25$ of capital in real estate. May hold real estate acquired by judicial
sale. '99, ch. 173.

May hold real estate necessary for business i.nd that acquired by judicial sales.
C. L. '97, §248.

May hold only necessary real estate and that acquired in business. Birdseye p. 213.

May hold necessary rf al estate and that acquired by judicial sale. Bates' S. §3821.

Not over 1/3 of capital to be invested in real estate except such as is acquired in
business. Not to engage in commerce, nor invest in stock of corporation nor dis-
count on, or own shares of its own stock. '99, ch . 4.

None.

Only real estate necessary and that acquired in business.

Fixed by charter.

Only real estate necessary and that acquired in business.

Only necessary real estate and that acquired in business.

None.

Necessary real estate and that acquired in business. R. S. '98, §376.

Necessary real estate and that acquired in business. Not to invest funds in trade
or commerce. S. '94, §§4031,2.

Necessary real estate anil that acquired in business. Code §1163.

May not deal in real estate, buy stocks, bonds or securities of corporation or guar-
antee corporate debts. Code '99, p. 538. '01, ch. 83, §76.

None.

May hold only necessary real estate and that acquired in business. S. '98, §2024.

Not to buy it's own stock except when necessary. R. S. '99, §3088. May hold only
necessary real estate and that acquired in business.

L. Digest p.

R. S. '99, §4340.
Code '96, §3226.

'Schedule XIX.

361]

Appendix III.

SCHEDULE XIV B.

States and
Territories.

INVESTMENTS. (Legal restrictions.)

Trust companies.

Arizona1 ;

Arkansas

California

Colorado

Connecticut

Delaware ;

Dist. of Columbia

Florida

Georgia :

Iowa

Idaho

Illinois

Indian Territory .

Indiana

Kansas1

Kentuck}' I

Louisiana1

Massachusetts ...I

Maryland j

Maine

Michigan !

Minnesota !

Mississippi

Missouri

Montana

Nebraska

Nevada x i

North Carolina...
North Dakota1...
New Hampshire..

New Jersey

New Mexico1 |

New York

Ohio

Oklahoma

Oregon

Pennsylvania ..
Rhode Island...
South Carolina.
South Dakota ..

Tennessee

Texas 2

Utah

Vermont .

Virginia

West Virginia.
Washington ...

Wisconsin

Wyoming1

None.

Not in stock of private corporations. Mills' S. §544a.

Fixed by charter.

May hold §500,000 of real estate, and that acquired in business. Act 1890, §12.

None.

None. Not to engage in commerce. Horner's S. '01, §3S15m.

May hold real estate to value of 50£ of capital. G. S. '01, §1477.

None.

Same as b-inks. E. S. '97, §314.

Restricted as to trust funds. '88. ch. 413, §7. May hold $250,000 of real estate.
'88, ch. 413, §18.

Fixed by charter.

None.

Not over 50% of paid in capital and surplus in real estate. C. L. §6165.

Realty only by contracts and stipulations.

None.

May own only necessary real estate. R. S. '99, §1430.

May own only necessary real estate. C. C. §606.

None.

Same as banks. P. S. '01, p. 541.

None.

Capital to be invested in bonds and mortgages
stock of private corporations. Birdseye S., p. 251.

Real estate same as banks. List of securities for investments prescribed.
Bates' S. §3821a.

None.

Fixed by charter.

None.

Federal, state, municipal and school district bonds and real estate mortgages.
R. S. '98, §429.

Not over 7W of paid in capital in real estate, mortgages nor 1/3 of assets in
personal securities. S. '94, §4099. Other mmute regulations. S. '94, §4101.

None.

May hold real estate of which they have insured the title. '01, ch. 85.

None.

May hold only necessary real estate. No restrictions as to personal securities.
R- S. '99, §3131.

May not hold more than 10£ of

No trust companies in State.
25

2 Schedule XIX.

Trust Companies in the United States.

[362

SCIIKDULE XV A.

States and
Territories.

CAPITAL. (Legal restrictions.)

Hanks.

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Dist. of Columbia

Florida

Georgia

Iowa —

Idaho

Illinois

Indian Territory.

Indiana

Kansas

Kentucky

Louisiana

Massachusetts ...
Maryland

Maine

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

North Carolina. . .
North Dakota —
New Hampshire .

New Jersey

New Mexico

New York

Ohio

Oklahoma

Oregon

Pennsylvania —

Rhode Island

South Carolina...
South Dakota —

Tennessee

Texas i

Utah

Vermont

Virginia

West Virginia —

Washington

Wisconsin

Wyoming

p. 27; maximum, $500,000. Code '96,

), oh. 1(37. Half paid in in money.

Mill's S. §510.

Minimum, $15,000 to $35,000 paid in.
|1085, 1086.
None.
None.

Minimum, $25,1 100 to $200,000 ; no maximum. '!
Minimum, $30,000, half paid in ; no maximum,
Fixed by charter.

Minimum $25,000 to $200,000 ; no maximum. 50^ paid in U. S. It. S. §5138-40.
Minimum, $15,000 to $50,000, half paid in. It. S. §3169.
Minimum, $25,(101); no maximum. 3o;<: or $15,01)0 paid in. Code §1910.
Minimum, $25,000 to $50,000 paid in. Code '97, §1861.
None.

Minimum, $25,000 to $200,000 paid in ; no maximum. R. S. '99, pp. 199-200.
None.

Minimum, $25,000 ; no maximum. 50% paid in. Horner's S. '01, §§2684, 2690.
Minimum, $5000; no maximum: paid in. G. S. '01, §408.

Minimum, $50,000 to $100,000 ; half paid in ; no maximum. S. '94, §577, '98, ch.
Minimum, $10,000 to $100,000 paid in. R. S. §376.
Fixed by charter.

Minimum. $31 n. (too in Baltimore. $50,000 inanv other part of the state; maximum.
2,000,000 in Baltimore, $500,000 in any other part of the state. P. G. L. p. 100.
Fixed by charter.

Minimum, $20,000 to $350,000, half paid in. '99, ch. 265.
Minimum, $10,000 to $25,000 paid in. S. '94, §2490.
None.

Minimum, $10,000; maximum, $5,000,000, half paid in. R. S, '99, §1278.
Minimum, $20,000 ; no maximum. C. C. §570.
Minimum, $5,000 to $50,000 ; no maximum. C. S. '97, §619.
None.

Fixed by charter.

Minimum, $5000 to $50,000, 50% paid in. R. C. '99, §3231.
Fixed by charter.

Minimum, $50,000 paid in. '99, ch. 173.
Minimum. $30,00(1, half paid in. C. L. '97, §244.
Minimum, $25,000 to $100,000 paid in. Birdseye, p. 212.

Minimum, $25,000; maximum, $500,000; 00;: paid in. Bates' S. §§3821,3866, 3861;
Minimum, $5000 paid in. '99, ch. 4.
None.

Minimum, $50,000, half paid in. Pepper and Lewis, Dig. p. 363.
Fixed by charter.
Fixed by charter.

Minimum, $5,000 to $35,000 ; half paid in. R. S. '99, §4343.
None.
None.

Minimum, $25,000 to $100,000; maximum, $1,000,000, 25;; paid in. R. S. '98, §37."
M inimum, §50,000 ; maximum, $500,000 paid in. S. '94, §3998.
Fixed by charter.

Minimum, $25,000, maximum, $500,000 ; 40^ paid in. '01, ch. 83.
None.

Minimum, $35,000, maximum, $500,000: $15,000 paid in. S. '9S, §2024.
Minimum, $10,000 to $100,000; 50;;' paid in. R. S. '99, §3086.

Schedule XIX.

363]

Appendix III.

SCHEDULE XV B.

States and
Territories.

CAPITAL. (Legal restrictions.)

Trust companies.

Alabama

Arizona1

Arkansas

California —

Colorado

Connecticut . .

Delaware

Dist. of Columbia

Florida

Georgia

Iowa

Idaho

Illinois

Indian Territory

Indiana

Kansas1

Kentucky

Louisiana1

Massachusetts...

Maryland

Maine

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada x

North Carolina. .
North Dakota1..
New Hampshire.

New Jersey

New Mexico1. ..

New York

Ohio

Oklahoma

Oregon

Pennsylvania . . .
Rhode Island —
South Carolina..
South Dakota . . .

Tennessee

Texas2

Utah

Vermont

Virginia

West Virginia...

Washington

Wisconsin

Wyoming1

None.

Minimum, $250,000 paid in. '91, ch. 264.

Minimum, $50,000 to $250,000 paid in. Mills' S. §544j.

Fixed by charter.

Fixed by charter. '

Minimum, $1,000,000, half paid in. Act 1890, §14.

None.

Minimum, $100,000; maximum, $2,000,000, $100,000 paid in. '98, p. 82.

Same as banks.

Minimum, S25.000 paid in. No maximum. '01, p. 26.

Same as banks.

None.

Minimum, $25,000 to $100,000 paid in. Horner's S. '01, §3815c.

Minimum, $100,000; maximum, $1,000,000, 1/5 paid in, remainder within 6 months.

G. S. '01, §1469.
Minimum, $15,000 to $200,000, half paid in; no maximum. S. '94, §§003. 007. "98, ch. 32.

'97, ch. 14.
Minimum, $10,000 paid in; no maximum. R. S. §277.
Fixed by charter.

Fixed by charter. Foreign surety companies capital, $250,000 paid in.
Fixed by charter.
Minimum, $15u,(i0(i; maximum, $5,0 i0,00u, half paid in. C. L. '97, §6157.

Minimum, $200,000; maximum, $2,( mo. i. $200,000 paid in. '99, ch. 200.

Minimum, $100,000; maximum. $1,000,000 ; $50,000 paid in.

Minimum, $1,000,000; maximum, s1o.oihi.oiio. uuarter paid in. R. S. §1429.

Minimum, $100,000; maximum, $10,000,000; $100,000 paid in. C. C. §605.

None.

Fixed by charter.

None.

Fixed by charter.

Minimum, $100,000 paid in. '99, ch. 174.

None.

Minimum, $100,000 to $500,000 paid in. Birdseye, p. 246.

Minimum, $200,000 paid in. Bates' S. §3821d.

Minimum, $200,000, half paid in. '99, ch. 11, art. 5.

None.

Minimum, $125,000 paid in. '95, ch. 286.

Fixed by charter.

None.

Minimum, $25,000 to $100,000 paid in.

Fixed by charter.

Minimum, $150,000 paid in. '01, ch. 85.

None.

Minimum, $100,000; maximum. $5,000,0(10; 50;: paid in. S. '98. §1791d.

Same as banks. •£>% paid in ; K)% of remainder a month. R. S. '99, §3129.

1 No trust companies in State.

■ Schedule XIX.

100

Trust Companies in the United States.

[364

SCHEDULE XVI.

States and
Territories.

LIABILITIES. (Legal restrictions.)

Trust companies.

Arizona1

Arkansas

Caliiornia

Col orado

Connecticut

Delaware

Dist. of Columbia

None.
None.
None.
None.

None.

Fixed by charter.

None.
None.
None.

Deposits must not exceed 10 times
capital. '91, ch. 261.
None.

Fixed by charter.
Fixed by charter.
None.

Not to exceed capital; deposits, bills
of exchange and liabilities for divi-
dends not counted. R. S. §2184.

None.

Not to exceed amount of capital paid.
P. G. L. 103. Deposits not to exceed 10
times amount of paid up capita) and
surplus.

None.

Not over 2/3 of capital to be invested
in rediscounts and bills payable. C. S.
'97, §(533.

None.

Not to exceed paid in capital: de-
posits, bills of exchange drawn against
money credits and liabilities of stock-
holders for balance on shares not
counted as liabilities. Bates' S.,§§3S21-78.

None.

Not to exceed C5g of capital. Deposits
not counted. G. L. '96, p. 543.

Fixed by charter.

None.

Not to exceed assets. Code '96, §3226.

None.

Debenture bonds not to exceed 10
times capital of corporation. Bal-
linger's S., '97, §4266.

None.

Not to exceed capital; deposits, bills
of exchange for money due, redis-
counts for cash, liabilities for capital
stock and dividends not counted. R. S.
'99, §3093.

None.

None.
None.
None.
None.
None.
None.
None.
None.
None.
None.
None.

None.
None.
None.
None.

Not to exceed 10 tiE
R. S. '99, §1427.
None.
None.

None.
None.
None.
None.
None.
None.
None.
None.

None.
None.
None.
None.

Fixed by charter.

None.

Georgia

Idaho

Indian Territory

Kansas 1

Maine

Michigan

Missouri

aes capital

North Carolina

New Hampshire

New Mexico1

Ohio

Virginia

West Virginia

No trust companies in State.

: Schedule XIX.

365

Appendix III.

101

SCHEDULE XVII A.

States and
Territories.

TAXATION.

Rate and character.

Tear of

passage
of law.

Alabama

Arkansas

Arizona

California

Colorado

Connecticut

Delaware

Dist. of Columbia

Florida

Georgia

Idaho

Illinois

Indiana

Indian Territory .
Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota .

Missouri

Real estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessor. Tax paid by bank.
Code '96. §3911, rS ; '97, p. 1489, §36.

Real estate locally. Shares to owners where bank is located.
Value fixed by local assessor. Tax paid by bank. Sandels and Hill's
Digest '94, §§6445-54.

Real estate locally. Shares to owners where bank is located.
Value fixed by local assessor. R. S. "87, §2649 ; '93, ch. 85.

Real estate locally. Shares in national banks, real estate deducted,
to owners where bank is located and by local assessor. '99, ch. 80.
Capital stock of other baaks to corporation. Shares not taxed to
owners. '95, ch. 167; '99, ch. 80.

Real estate locally. Shares to owners where bank is located.
Value fixed by local assessors. Tax paid by bank. Mill's S. §3810a ;
'93, ch. 139, §24.

Real estate locally. 1% on market value of shares less taxes on
realty in state, '01, ch. 165. Savings banks M of 1% on deposits,
deducting $50,000 real estate and state aid railroad bonds. G. S. '88,
§3918.

Real estate locally. R. S. '93. p. 114. X of 1% on capital stock. R. L.
'93, p. 54. % of 1% on surplus above 25$ thereof. R. L. '93, p. 589.

$.50 on each S10U0 of capital. Savings banks without capital stock,
1/40 of \% on deposits every 6 months. C. S. D. C. '94, p. 344, §25. Capital
stock, real estate deducted, assessed to bank. C. S. D. C. '94, p. 530.

Real estate locally. '95, p. 4, §6. Shares, real estate deducted, to
owners where bank is located. Value fixed by local assessors. Tax
paid by bank. '93, p. 41 ; '95, p. 5. Taxed on trust deposits. '95, p. 5.

Real estate locally. Shares, real estate deducted to owners, where
bank is located. Value fixed by local assessors. '00, p. 33, §12.

Real estate locally. Shares, real estate and debts deducted, to owner
where bank is located. Value fixed by local assessor. Tax paid by
bank. Deductions for debts. R. S. '87, §1441.

Real estate locally. '81, p. 133. Shares to owners where bank is
located. Value fixed by local assessor. K. S. '99, p. 1400, §35.

Real estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessor. '73, p. 214. Ann.
Statutes. '97, §3257.

Shares to owner where bank is located. Value fixed by local
assessor. Tax paid by bank. Ind. Terr. Statutes. "99, §§4944-53.

Real estate locallv. '74, ch. 60, §28. Shares to owners, real estate
deducted, where bank is located. Value fixed by local assessor. Tax
paid by bank. Code '97, §§1322, 1323.

Real estate locally. Shares, real estate deducted, at true value fixed
by local assessor where bank is located. Tax paid by bank. G. S. '99,
§7207.

Real estate locally. '86, ch. 1233. Shares in national banks to owner
where bank is located Tax paid by bank. '00, ch. 23. Other banks
taxed locally on value of franchise fixed by state board. Shares not
taxed. '92, ch. 103 ; 173 U. S. 636.

Real estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessors. Tax paid by bank.
R. L. '97, p. 798.

Real estate Locally. R. S. '83, ch. 6. Shares national and state banks
locally. R. S. '83, ch. 6. Savings banks 7/8 of 1% on value of franchise
fixed by state assessors. '95, ch. 130.

Real estate locally. '96, ch. 120. Shares, real estate deducted, at mar-
ket value fixed by state tax commissioner. Tax paid by bank. '96,
ch. 120.

Real estate locally. Shares of stock at cash value where bank is
located. '73, ch. 315.

Real estate locally. C. L. '97, §6148. Shares, real estate deducted, as
personalty to owner at residence. Value fixed by local assessor. C.
L. '97, §3831.

Real estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessor. Tax paid by bank.
Statutes '94, §1532.

Real estate locally. Code '92, §3749. Shares to owners where bank is
located. Value fixed by local assessor. Tax paid by bank. '00, ch. 3.

Real estate locally. Shares, real estate deducted, to owners where
bank is located and by local assessors. Tax paid by bank. R. S. '99, §9153.

1883. S. &
H.'94.p.l429

1901

1878

ch. 3f

1872
1877

ch. 39.

1874

1891. '91,
ch. 84.

1900. '00,
ch. 23.

ch.85,p.
111.

1845
1895

1893. '93,
ch. 206.

1878

1900

1895. '95.
ch. 242.

National banks can only be taxed on shares of stock in names of shareholders,
-173 U. S. 664; U. S. Sup. Ct„ April 3, 1899.

. on their real estate.

102

Trust Companies in the United States.

[366

SCHEDULE XVII A.— Continued.

States and
Territories.

TAXATION.

Kate and character.

Montana

Nebraska

New Mexico —

Nevada

New Hampshire

New Jersey

New York

North Carolina .

North Dakota.
Ohio

Oklahoma .
Oregon —

Pennsylv;

Rhode Island.

South Carolina.

South Dakota.

Virginia .

Washington.

West Virginia

Wyoming

Ileal estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessor. Pol. Code, §3691.
Banks and trust companies pay license from $10 to $100 a quarter ac-
cording to business. Pol. Code, §4061.

Real estate locally. Shares, real estate deducted, to owner where
bank is located. Value fixed by local assessor. C. S. '97, §§4311-14.

Real estate locally. Shares, real estate deducted, to owner where
bank is located. Value fixed by local assessor. Tax paid by bank,
C. L. '97, §§257-9, 4025.

Real estate locally. C. L. '00, §1084. Shares to owner at residence.
Value fixed by local assessor. '00, C. L. §1084. License from $12 to
S200 a month, according to business done. C. L. '00, §1190.

Real estate locally. Shares, real estate deducted, to owners by local
assessors. P. S. '01, p. 227. Savings banks, 3/4 of \% on deposits draw-
ing interest, real estate and mortgage loans in N. H. at not exceed-
ing 5% deducted. P. S. '01, p. 229. Stock, savings banks 1% on guarantee
fund or capital stock in addition to above. P. S. '01, p. 229.

Real estate locally. Shareholders on actual value of stock in dis-
trict of residence. '00, ch. 107.

Real estate locally. State tax of 1% on capital stock, surplus and un-
divided profits. No deductions. '01, ch. 550.

License, S25 on $10,000 capital ; $2 for each $1000 additional. Real
estate locally. Shares, less real estate at actual value where bank is
located for state purposes, and tax paid by bank to state treasurer.
$25 for each branch bank. For local purposes shares are taxed where
owner resides. '99, ch. 15, §40.

Real estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessor. Code '99, §1203.

Real estate locally. Shares to owners where bank is located. Value
fixed by county auditor. Tax paid by bank. Bates' statutes, '97,
§§2762-66, 2840.

Real estate locally. Shares to owner where bank is located. Value
fixed by local assessor. Tax paid by bank. Statutes '93, §§5598-5601.

Real estate locally. Shares at par value to owners at residence.
Hill's Laws, '92, §2764.

Real estate locally for local purposes. Shares, 2/5 of 1% on actual
value, or 1% on par value at option of bank. Tax paid by bank. '97,
ch. 227.

Real estate locally. Shares in national banks, real estate deducted,
to owner at residence and by local assessor. Savings banks $.40 a $100
of deposits and profits, '93, ch. 1215.

Real estate locally. Shares at true value, real estate deducted,
where bank is located and by local assessors. Tax paid by bank.
R. S. '93, §253-60.

Real estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessor. Ann. S. '99, §2156.

Real estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessors. Tax paid by bank.
Code '96, §§790, 791.

Real estate locally. Share, real estate deducted, to owners where
bank is located. R. S. '95, §5080. Occupation tax, $25 to $240 according
to population. R. S. '95, p. 1015.

Real estate locally. Shares, real estate and debts deducted, to
owners where bank is located. Value fixed by local assessors. R. S.
'98, §2507.

Shares in national banks to owners at residence by local assessors.
'92, ch. 16. Savings banks 7/10 of 1% on deposits ; W% of assets invested
in United States bonds, and individual deposits above $1500 if listed
elsewhere, to be deducted. '96, ch. 18.

Real estate locally. Shares at market value to owners where bank
is located and by local assessor. Rate, $.40 a $100. Tax paid by bank.
'96, ch. 669.

Real estate locally. Shares, real estate deducted, to owners where
bank is located. Value fixed by local assessors. Tax paid by bank.
Hallinger's Codes, '97, §4266. '97, ch. 147.

Real estate locally. Value of capital, real estate and debts deducted,
assessed to firm by local assessor. Shares not taxed. Code '99, pp.
202, 203. License tax from $10 to $70 according to capital. '01, p. 111.

Keal estate locally. Shares where bank is located, and by local
assessors. Statutes '98, §§1039, 1042, 2024.

Real estate locally. Shares to owners at residence. Value fixed by
local assessor. R. S. '99, §§1772-74.

1879.
p. 276.

1891.
ch.40

'79,
'91,

1891. '91,
ch. 99, §117

1895. '95.
ch. 108, ch
lib.

1900

1901

ch. 29.

1867

1870.
L. '92,

1S82.

ch. 66

p. 426.

p. 147.

1887. '
ch. 28.

Hills
P.

ch. 10:
, 1869.
p.p.

C. L.

564.

' Schedule XIX.

367]

Appendix III.

103

SCHEDULE XVII B.

States and
Territories.

TAXATION.

Trust companies.

Rate and character.

Alabama

Arkansas

Arizona1

California

Colorado ,

Connecticut

Delaware

Dist. of Columbia

Florida

Georgia

Idaho

Illinois

Indiana

Indian Territory

Iowa

Kans

Kentucky

Louisiana1 —

Maine

Maryland

Massachusetts

Michigan ,

Minnesota

lippi ....

No trust company legislation. Corporations are taxed same as
banks. '98-9, p. 48 ; '01, p. 214. License tax $10 to S50 a year according
to capital. '01 p. 229.

No trust company legislation. Corporations taxed on assets like 1887. S. &
individuals. Shares of stock taxed to owner as personal property. H. p. 1432.
S. & H. Digest, '94, §§6462. 6463.

No trust company legislation. Real estate of corporations taxed
locally. Shares not taxed to owner if capital stock is taxed to firm.
R. S., '87, §2649.

Same as for banks other than national, '99, ch. 80.

Corporations taxed on actual or market value of real and personal 1902.
estate by local assessors. Shares not taxed to owners, '93, ch. 139, §29.
Attorney General's Report, '93-4, p. 34.

Same as for banks, '01, ch. 165. 1901.

Same as banks. '93, p. 54.

Real estate locally, l1/^ on gross earnings. Shares not taxed. TJ. S.
Statutes at Large, vol. 26, p. 629. Capital stock, real estate deducted,
assessed to company. C. S. D. C, '94, p. 530.

No trust company legislation. Same as for banks. '95, pp. 5, 13.

Same as for banks. '98, p. 78. 1% on all premiums in addition. Paid
to comptroller, '00, p. 28, §7. 1901.

Real estate of corporations locally. Capital stock and other| 188'
property in name of firm at value fixed by local assessor. Shares not
taxed. R. S., '87, §§1440-2.

Same as banks. R. 8. '99, p. 1400.

Real estate of corporations locally. Capital stock at full cash value,
real estate and personalty deducted. Paid by corporation. Ann. S.,
".•7. §§6337-8, 6279-80.

No trust company legislation. No provisions for taxation of cor-
porations except occupation tax to non-citizens. Am. Corporation
Legal Manual, '01. p. 165.
Same as for banks. Code '97, §§1322, 1323.

Same as for banks. G. S., '99, §7207.

Same as for banks. '92, ch. 103.
Same as for banks. R. L., '97, p. 798.

p. 173.

1874.
ch. 60.

'71,

ch. 85.
1845.

Real estate locally. Shares to owners locally. R. S., '83, ch. 6, §2
73 of \% on value of franchise fixed by state assessors. '95, ch. 130.

Same as for banks. '96, ch. 120. 2% on gross receipts in addition.
'96. ch. 120, §146.

Real estate locally. '62, ch. 183. Market value of shares less real es-
tate at average rate in state. Personalty held in trust at above rate.
% of average rate on other than demand deposits. '88, ch. 413.

Real estate locally. Shares, real estate deducted to owner at resi-| 1889. '89,
dence and by local assessors. C. L. '97, §6168. 2% of gross premiums as ch. 108.
surety on bonds. '97. ch. 106. | 1897.

I Real estate of corporations locally. Shares, real estate deducted, at 1881.
market value where corporation is located. Value fixed by local
assessor. Statutes '94, §§1516. 1530.

Real estate of corporations locally. Assets taxed to firm. Shares 1892. Code
not taxed to individuals. Code '92, §§3750-8. adopted.

No trust companies in State.

104

Trust Companies in the United States.

[368

SCHEDULE XVII B.-Continued.

States and
Territories.

TAXATION.

Trust companies.

Rate and character.

Year of
passage,
of law.

Missouri

Montana

Nebraska

Nevada1

New Hampshire

New Jersey

New Mexico1 ...

New York

North Carolina .

North Dakota1..
Ohio

Oklahoma

Oregon

Pennsylvania . . .

Rhode Island ...
South Carolina..
South Dakota...

Tennessee

Texas2

Utah

Vermont

Virginia

Washington

West Virginia ..
Wisconsin

Wyoming l

Same as for banks. R. S. '99, §9153.
Same as for banks. Civil code §611.

No trust company legislation. Real estate of corporations locally.
Capital, debts and real and personal estate deducted at place of prin-
cipal office. C. S. '97. §§4289,"4313.

No special tax. No trust company legislation. License same as
banks. C. L. '00, §1190. Real estate locally. Capital stock at actual
value ; shares not taxed. Property taxes deducted. C. L. '00, §§1084-9.

3/4 of 1% on deposits drawing interest, real estate and mortgage loans
in N. H. at not exceeding f>% deducted, and 1% on capital stock, real
estate deducted if not already deducted from deposits. P. S. '01, p. 229.

Real estate locally for local and school purposes. True value of
capital stock less real estate is taxed at local rate in office district.
Capital property and franchises exempt from other taxes. '99, ch. 174.

Same as banks. C. L. '97, §§257-9, 4025.

Real estate locally. '96. ch. 908. State tax of 1% on capital stock, sur-
plus and undivided profits. '01, ch. 132.

No trust company legislation. Real estate of corporations locally.
Capital stock less realty to company. Shares not taxed to owners.
'99, ch. 15, §14.

No special tax. Property of corporations assessed at market value,
debts deducted, by local assessor. Code '99, §1198.

Real estate locally. Shares where company is located. Value fixed
by county auditor. Tax paid by company. This is for general cor-
porations. No special law. Bates' S. '97, §§275s, 2", 62-6. 2840.

No special law. Real estate of corporations locally. Corporations
taxed locally like individuals. Shares taxed to owner at residence-
Statutes §§5580-3.

No trust company legislation. Real estate of corporations locally.
Capital at place where principal office is located. Shares not taxed to
individuals. Hills L. 92, §§2744, 2750.

Real estate locally for local purposes. 1/2 of l^on actual value of
capital stock. 4/10 of l^on obligat ions held by residents. 2/5 of 1% on
taxable securities held in trust. '91, ch. 200.

S.40 a S100 of deposits. '93, ch. 1213. Shares, real estate deducted to
owner at residence by local assessor. G. L. '96, p. 182.

No trust company legislation. Same as for banks. R. S. '93, §261.

No special tax. Corporations taxed on market value of real and

personal estate, debts deducted. Value lixed by local assessor. Ann.
S. '99, §2153.

Same as for banks. Code '96, §§790-1.

No special tax. Occupation tax same as banks. $25 a year on filing
statement. R. S. §642. Corporate property assessed like that of indi-
viduals by local assessor. R. S. §§5084, 5118.

Same as for banks. R. S. '98, §2507.

Same as savings banks. '96, ch. 18.

Annual license tax $200 : \% tax on gross annual receipts.

Same as for banks. There is no provision for organization of trust
companies apart from banks. Ballinger's code '97, §4266.

Same as for banks. Code '99, pp. 202-3 ; '01, p. 111.

Real estate locally. License of $300 annually. 2% on net profits.
Statutes '98, §1222k.

Same as for banks. No tax on capital stock of domestic corporations.
R. S. '99, §1774.

1895. '
ch. 242.

1893. '
p. 105.

1879. '
ch. 276.

1893. '

ch. 48.

ch. 40.
1901.

1897. '97,
ch. 126, §25.
1867.

1864.

Hill's L. p.
1381.

ch. 677.
1897. '97,
ch. 28.

1895.

1876. '76,
p. 280.

1896. '96,
p. 432.

1896.
1890.

1897. '97,
ch. 147.

1901.

1891. '91,
ch. 204.

1895. '95,
ch. 87.

No trust companies in State.

■ Schedule XIX.

169] Appendix III. 105

SCHEDULE XVIII.

States Restrictions on the use of the word "trust" in the

title of corporations.

Indiana Only corporations organized under Trust Act may use

word trust in title.

Horner's S. '01, §3815q.

Massachusetts Only incorporated trust companies may use word trust

in title. Exception in case of licensed insurance
companies already in operation.

'99, ch. 467.

New Jersey Only corporations organized under Trust Act may use

word in title. '99, ch. 174, §1.

New York Only corporations formed under Banking and Insur-
ance Laws may have word trust, banking-, assurance,
guaranty, savings, investment or loan as part of title.
'00, ch. 704.
No other states appear to have such restrictions.

SCHEDULE XIX.-GENERAL REMARKS.

Alabama No trust company legislation.

Arizona " " " No companies in State.

Arkansas " " "

Florida " " "

Illinois — Banks may acquire trust powers.

Indian Territory No legislation on banks or trust companies.

Kansas No trust companies in State.

Louisiana No legislation for other than banks with trust powers.

No companies in State.

Massachusetts No state banks in the state, other than savings banks.

Nebraska No trust company legislation.

Nevada " " " No companies in State.

New Mexico Act provides for savings banks and trust associations,

but usual trust powers not mentioned. No com-
panies in State.

North Dakota No trust companies in State.

Oregon No trust company legislation.

South Carolina No trust company legislation.

Tennessee No trust company legislation.

Texas No corporat e body shall hereafter be created, renewed

or extended with banking or discount privileges.
Const. '76, Art. 16, §16.

Washington No legislation for other than banks with trust powers.

Wyoming No trust companies in State.

APPENDIX IV

TABLE I.-TRUST COMPANIES IN NEW YORK STATE.
From Reports of Superintendent of Banking.

Capital.

Trust
deposits.

1875.
1881.
1885.

1893.
1900.
1901.

121
13 2
SO-'
20 2
212
25 2

443
49 3
593

57 3

811,584,475
11,500,000
14,202,900
15,260,950
15,603,000
19,501,300
22,287,000
24,787,000
29,600,000
33,000,000
34,850,000
48,050.000
47,150,000

654,948
888,913
023,132
166,059
030,840
018,183
517,355
427,787
630,045
739,925
205,442
190,671
,983,512

$29,442,552
61,321,484
75,422,656
76,971,344
106,133,132
89,463,837
130,954,406
104,974,386
123,069,072
185,099,694
197,664,749
213,484,885
245,367,995

$20,923,017
32,800,852
52,289,212
72,523,792
51,854,439
85,640,807
83,290,756
124,537,051
184,282,820
198,229,029
269,519,509
310,056,684
392,753,774

'June;

2 July 1.

January 1.

1 January 1,

TABLE IL-RESOFRCES OF FINANCIAL INSTITUTIONS IN

NEW YORK STATE.

From Report of New York Supt. of Banking, Feb. 26, 1901. p. 11.

Savings banks. ^^^^ Trust companies. S^l«

count banks

companies.1

$667,865,396
675,987,634
718,454,662
704,535,118
735,863,598
783,078,580
812,173,632
869,571,244
932,420,861

1.000,209,099

1,066,0

$233,839,051
271,830,699
295,459,929
271,496,822 ;
284,911,631
285,407,997
280,691,855
324,766,619
355,485,972
366,304,182
380,711,930

797.

765,575
707,779
466,011
419,729
630,045
742,947
739,925
205,442
190,671
983,512

$3,964,942
4,370,117
5,045,787
5,025,769
5,102,689
4,517,699
4,677,325
5,116,362
5,197,996
5,269,271
5,255,452

!The Buffalo Loan, Trust and Safe Deposit Co., and the Rochester Safe
Deposit and Trust Co., are not included with the Safe Deposit Companies,
as they are given under the head of Trust Companies.

2 November 28, 1892.

371]

Appendix IV.

107

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Appendix II7.

Ill

TABLE VII.
(Prepared for George Cator by The Bradstreet Company.)
List of Companies in the Following States who act as Trustees or Admin-
istrators and Execute such Forms of Trust.

Name. Town. State. Stat. Cap. & Sur.

Birmingham Trust and Savings Co... Birmingham, Ala. 12-31-01 $ 575,000

Alabama Trust and Savings Co Birmingham, " 12-31-01 105,000

Peoples Savings Bank and Trust Co.. Birmingham, " 12-31-01 78,000

Union Trust and Savings Co Montgomery, " 12-31-01 45,883

Alabama Trust and Banking Co Sheffield, " 12-31-01 60,000

Arizona None.

Jonesboro Saving and Trust Co Jonesboro, Ark. 12-31-01 50,000

Little Rock Trust Co Little Rock, " 4-16-02 79,804

Cotton Belt Saving Trust Co Pine Bluff, " 12-31-01 70,522

Union Trust Co Little Rock, " 4-30-02 50,000

Broadway Bank and Trust Co Los Angeles, Cal. 4-1-02 113,000

State Bank and Trust Co Los Angeles, " 12-31-01 525,000

Los Angeles Trust Co Los Angeles, " 5-1-02 450,000

Pasadena S. T. and S. D. Co Pasadena, " 12-31-01 25,000

California S. D. and Trust Co San Fran., «' 5-1-02 1,241,607

Germania Trust Co San Fran., " 12-31-01 340,000

Mercantile Trust Co San Fran., " 4-30-02 1,000,000

Union Trust Co San Fran., " 12-31-01 1,252,169

East Florida Saving and Trust Co Palatka, Fla. 12-31-01 30,000

Sanford Loan and Trust Co Sanford, " 12-31-01 30,540

Citizens Bauk and Trust Co Tampa, " 12-31-01 175,000

Spokane and Eastern Trust Co Moscow, Idaho. 4-30-02 100,000

Antlers Bank and Trust Co Antlers, Ind. Ty. 6-1-02 14,500

Citizens Bank and Trust Co Coalgate, " 12-31-01 15,000

Territorial Trust and Surety Co Muskogee, " 12-31-01 100,001

German Trust Co Davenport, Iowa. 5-1-02 72,361

Iowa Loan and Trust Co Des Moines, " 4- 1-02 600,000

Citizens Saving and Trust Co IowaCity, " 12-31-01 65,000

Wettstein Loan and Trust Co LaPorteC, " 5-1-02 50,000

Home Trust and Saving Bauk Osage, " 12-31-01 27,546

Farmers Loan and Trust Co Sioux City, " 5-1-02 600,000

Leavitt and Johnson Trust Co Waterloo, " 12-31-01 150,000

Kansas None.

Louisiana None.

Belzona Trust and Banking Co Belzona, Miss. 12-31-01 25,000

Delta Trust and Banking Co Vlcksburg, " 5-1-02 143,040

Walton Trust Co Butler, Mo. 4-30-02 60,500

Fredericktown Trust Co Fredericktown, " 4-30-02 125,000

Fidelity Trust Co Kansas City, " 3-31-02 1,459,513

Missouri Union Trust Co Kansas City, " 12-31-01 100,000

South Western Trust Co Kansas City, " 3-13-02 63,276

United States Trust Co Kansas City, " 12-31-01 250,000

Missouri Valley Trust Co St. Joseph, " 4-30-02 100,000

American Central Trust Co .....St. Louis, " 12-31-01 1,500,000

Colonial Trust Co St. Louis, " 4-30-02 3,00C,OuO

Commonwealth Trust Co St. Louis, " 4-30-02 2,000,000

Germania Trust Co St. Louis, " 4-30-02 1.673,460

Lincoln TrustCo St. Louis, " 4-30-02 3,500,000

Mercantile Trust Co St. Louis, " 12-31-01 3,500,000

Mississippi Valley Trust Co St. Louis, " 4-30-02 6,500,000

St. Louis Trust Co St. Louis, " 12-31-01 5,000,004

Missouri Trust Co St. Louis, " 4-30-02 2,134,940

UnionTrustCo St. Louis, " 12-31-01 5,000,000

Union Bank and Trust Co Helena, Mont. 12-31-01 125,000

Smith Bros. Loan and Trust Co Beatrice, Neb. 12-31-01 128,000

Empire Loan and Trust Co Haigler, " 5-1-02 5,600

Lincoln S. D. and Trust Co Lincoln, " 5- l-0i 25,500

Equitable Trust Co Omaha, *' 12-31-01 201,000

Nevada None.

New Mexico None.

North Dakota None.

112

Trust Companies in the United States.

[376

TABLE VII.— Continued.

Union Trust Co.

Town. State.
.Oklahoma, Okla.

Grants Pass Bank and Trust Co Grants Pass, Ore.

Security Saving and Trust Co Portland, "

Portland Trust Co Portl ind, "

Farmers Loan and Trust Co Anderson, S. C.

Columbian Bank and Trust Co Charleston, "

Exchange Bank and Trust Co Charleston, "

Hibernia Trust and Saving Bank. . . . Charleston, "

S. C. Loan and Trust Co Charleston, "

Centra] Bank and Trust Co Sioux Falls, S. Dak.

State Bank and Trust Co Sioux Falls,

Ashland City Bank and Trust Co Ashland C, Tenn.

Citizens Bank and Trust Co Chattanooga, "

Clarksville Trust and Bank Co Clarksville, "

Dayton Bank and Trust Co Dayton, "

Dickson Bank and Trust Co Dickson, "

Williamson Co. Bank and Trust Co... Franklin, "

Banking and Trust Co Jonesboro, "

Knox Co. Bank and Trust Co Knoxville, "

Lawrence Bank and Trust Co Lawrenceburg, "

Lynnvllle Bank and Trust Co Lynnville, "

American S. B. and TrustCo Memphis, "

Memphis Trust Co Memphis, "

Nashville Trust Co Nashville, "

Union Bank and TrustCo Nashville, "

Com. Bank and Trust Co Pulaski, "

Robertson Co. Bank and TrustCo Spingfield, "

Utah Savings and TrustCo Salt Lake C, Utah.

Burlington Trust Co Burlington, Vt.

Enosburg Falls S. B. and Trust Co.. . .Enosburg F's,

Ludlow S. B. and Trust Co Ludlow, • '

Capital S. B. and Trust Co Moutpelier, '

Montpelier S. B. aud Trust Co Montpeller,

Orleans Trust Co Newport, *

Bichford S. B. and Trust Co Richford,

Proctor Trust Co Proctor, '

Rutland Trust Co Rutland, '

State Trust Co Rutland, '

Franklin Co. S. B. and Trust Co St. Albans,

Citizens S. B. and TrustCo St. Johnsbury, '

Lynchburg Trust and S. B Lynchburg, Va.

Newport News Trust and S. D. Co Newport News, "

Petersburg Bank aud Trust Co Petersburg, "

Radford TrustCo Radford, "

Richmond Trust and S. D. Co Richmond, "

Virginia Trust Co Richmond,

South West Virginia Trust Co Roanoke, •'

American S. B. and Trust Co Seattle, Wash.

Spokane and Eastern TrustCo Spokane, "

Fidelity Trust Co Tacoma, "

North West Loan and TrustCo Kenosha, Wis.

Savings Loan and TrustCo Madison, "

Wis. Fidelity Trust and S. D. Co Milwaukee, "

Milwaukee Trust Co Milwaukee, "

Stat.

Cap. & Sur.

12-31-01

46,500

12-31-01

25,000

12-31-01

260,000

12-31-01

300,000

12-31-01

78,859

12-31-01

53,000

12-31-01

100,000

12-31-01

42,181

12-31-01

105,908

1-15-02

26,590

12-31-01

69,438

12-31-01

4,750

12-31-01

235,000

12-31-01

50,000

12-31-01

23,000

12-31-01

19,900

12-31-01

150,000

12-31-01

25,000

12-31-01

46,973

12-31-01

28,000

12-31-01

23,000

12-31-01

50,000

4-30-02

462,073

5- 1-02

390,623

12-31-01

158,064

12-31-01

36,927

12-31-01

32,500

12-31-01

163,000

4-30-02

194,005

12-31-01

27,894

12-31-01

50,000

12-31-01

120,000

12-31-01

106,000

1- 1-02

56,523

12-31-01

74,500

5-10-02

a, 500

5- 1-02

99,151

12-31-01

100,000

1- 1-02

53,558

12-31-01

9 1,457

12-31-01

215,000

12-31-01

50,000

4-30-02

112,259

5- 1-02

102,500

12-31-01

l,6i2,825

12-31-01

604,507

6- 1-02

200,000

5- 1-02

50,000

4-30-02

100,000

12-31-01

330,000

12-31-01

60,965

12-31-01

150,000

12-31-01

125,000

12-31-01

200,000

Wyoming None.

377]

Appendix IV.

113

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The Maryland Constitution of 1 85 1

Series XX Nos. 7-8

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. Adams.)
J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

The Maryland Constitution of
1851/

JAMES WARNER HARRY

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY

JULY-AUGUST, 1902

THE FRIEDENWALD COMPANY
BALTIMORE, MD.

PREFACE

This monograph was undertaken at the suggestion of the
late Professor H. B. Adams. Its purpose is to add one
chapter to the constitutional history of Maryland: the period
between the years of 1836 and 1851. The author is under
obligations to many friends for their interest and their help ;
especially to Associate Professor J. M. Vincent and to Dr.
Bernard C. Steiner of the Johns Hopkins University, who
have assisted with many useful suggestions and corrections.

J. W. H.

Johns Hopkins University, June, 1902.

CONTENTS

PAGE

Introduction 9

CHAPTER I
Constitutional Reform.

General Sketch. — State Reform Convention of 1836. — Internal
Improvement and Taxation. — Object Sought by the Re-
formers.— Southern Counties Opposed to a Convention. —
State Reform Convention of 1845. — Reform Agitation
1847-9. — State Reform Convention 1849. — The Legisla-
ture of 1849. — The Referendum 12

CHAPTER II
The Convention.

Sectionalism. — Personnel of the Convention. — The Convention
and the Compromise Acts of 1850. — Basis of Representa-
tion.— Secession of Eastern from the Western Shore. —
Committee's Report on Representation. — An Elective ver-
sus an Appointive Judiciary. — Political Individuality of
Counties. — United States Senatorial Districts. — Free-
Negro Population. — Public-School System 33

CHAPTER III

The Constitution.

Ratification of the Constitution. — Critical and Comparative
Study of the Constitution 68

Appendix.

Vote by Counties on Call of the Convention. — Vote by Coun-
ties on Adoption of Constitution 85

THE MARYLAND CONSTITUTION OF 1851

INTRODUCTION

The original constitution of Maryland, framed at an
early period of the Revolutionary War, remained for three-
quarters of a century the fundamental law of the State,
until it was superseded by the Constitution of 185 1. At
the time of its formation the constitution was well adapted
to the wants and circumstances of the people. But the
rapid growth of population, and the great commercial and
industrial development of the State rendered necessary the
alteration of the constitution then framed, so as to con-
form to social and economic progress.

Many of the more objectionable features of the con-
stitution were amended or abolished. Among these
changes were the abolition of the property qualification for
the right of suffrage, and the repeal of the clause which
prevented those who were conscientiously scrupulous of
taking the oath from sitting in the General Assembly, or
serving as a witness in criminal cases where capital punish-
ment was involved. The electoral college for selecting the
members of the Senate had been abolished, and the people
had been given the right, with some restrictions, of electing
their governor.

All of these changes in the constitution had been effected
by successive acts of the General Assembly; but these
alterations, so far from producing the desired result, had
in many instances tended to destroy the harmony of the
original instrument, and instead of improving had served
to render it a " shapeless mass of unintelligible and con-
tradictory provisions," so that in many of its features it
bore little or no resemblance to the original constitution.

10 Tlie Maryland Constitution of 1851. [388

The question of a state convention to amend the con-
stitution of Maryland had long been discussed in various
parts of the State. Among those who were in favor of
calling a convention to change the constitution there was
considerable difference of opinion as to the proper mode
of procedure. The 59th article of the constitution provided
for its own amendment by the identical action of two
successive legislatures, and the Declaration of Rights re-
ferring to that provision declared: "That this Declaration
of Rights, or form of government to be established by this
convention, or any part of either of them, ought not to be
altered, changed, or abolished by the legislature of this
State, but in such manner as this convention shall prescribe
and direct." *

The question was presented whether it was within the
constitutional power of the legislature of the State by a
simple resolution of that body, without first repealing the
59th article of the constitution, to call a convention to
alter or amend the constitution and frame a new one. This
very important question gave rise to considerable discus-
sion concerning the rights of the majority and of the
minority, and of the true intent and meaning of these
clauses of the old constitution.

Many leading men of the State considered that, without
the previous repeal of these articles of the constitution the
very call of a convention would be an open act of revolu-
tion, and its action null and void, even if sanctioned sub-
sequently by the popular approval. They considered that
the General Assembly had no authority either directly to
call a convention, or to take the vote of the people in
reference to its call.3 On the other hand it was argued by
the advocates of what was then called " conventional re-
form," that there was, underlying the whole system of state
government, a principle of acknowledged right in the peo-

Md. Dec. of Rights, 1776, sec. 42.

Report of Majority of Committee on Constitution, 1848.

389] Introduction. 11

pie to change their constitution in the manner in which a
majority of the people desired. They claimed that, as the
authority to change, alter, or abolish their form of govern-
ment was guaranteed to the people in the Declaration of
Rights,3 and that as a convention was neither prohibited
by the constitution, nor the mode of its organization pre-
scribed, the General Assembly could constitutionally pro-
vide for a convention.

The struggle between these two parties, representing
roughly the agricultural and the commercial interests of
the State, extended over a period of some twenty-five
years. The agitation finally resulted in a call of a consti-
tutional convention by the General Assembly, known as
the " Reform Convention of 1850."

It is the purpose of the writer to trace the growth of the
idea of " conventional reform " in the State. It includes
the history of the Convention of 1850 and the character of
the constitution which it gave to the people of the State
for their ratification, or rejection.

3 Md. Const, of 1776, Dec. of Rights, sees. 1, 2, 4.

CHAPTER I

CONSTITUTIONAL REFORM AGITATION

The period of prosperity which succeeded the War of
1812 was marked by great industrial and economic changes
throughout the American States. During this time the
spirit of democracy diffused itself throughout the nation
and produced many great and important changes in the
political, social, and economic life of the people. It was a
period characterized by the erection of schools, the exten-
sion of the right of suffrage, the construction of various
works of internal improvement, and wild speculation. With
this growth of democracy and the idea of popular sov-
ereignty, there were many changes made in the constitu-
tions of the several states to correspond with the social
and economic conditions of the people. These changes
were, for the most part, effected by constitutional conven-
tions, elected directly by the people.

Conventions of such a character, prior to 1850, had been
held in Massachusetts, New Hampshire, Connecticut, Rhode
Island, New York, New Jersey, Pennsylvania, Virginia,
South Carolina, Georgia, and Missouri. These assem-
blies were called for constitutional purposes by the respec-
tive state legislatures, under the general legislative power,
without the special authorization of their constitutions.1
During the year of 1850 conventions for the purpose of
amending or framing new constitutions were held in the
following states, New Hampshire, Vermont, Michigan,
Indiana, Ohio, Virginia, and Kentucky.2

With such precedents, a large portion of the people of

1 Jameson's Constitutional Convention, p. 209.
a Ibid., p. 533 et seq.

391] Constitutional Reform Agitation. 13

Maryland demanded of their legislature the right of meet-
ing in a convention, elected by the people, for the purpose
of amending their constitution. The legislature, defending
itself behind the phraseology of the fifty-ninth article of
the constitution, which prescribed for its own amendment
by the identical action of two successive legislatures, re-
sisted for some twenty years every attempt of the friends of
constitutional reform to secure the calling of a convention.

Maryland, since the framing of the Constitution of 1776,
had become a government of the minority. Within this
period of seventy-five years, the economic and social con-
ditions of the people had undergone a complete change.
The city of Baltimore, at that time scarcely more than a
village, had expanded into a great commercial city, num-
bering a population of more than a hundred thousand, and
possessing one-third of the entire wealth of the State.3
The center of population had shifted from the Eastern
Shore and the southern counties to the northern and
western sections. With these changes there had been no
corresponding change effected in the constitution. The
smaller counties, though so unequal to the city of Bal-
timore and the larger counties in respect to population,
still had the majority of representatives in the legislature,
and foreseeing what demands would be made, if a conven-
tion was called for the purpose of changing the constitu-
tion by which their ascendency in the legislature was
secured, were opposed to every project of calling such a
body. In 1836, when the popular mind was agitated more,
perhaps, on this question of constitutional reform than in
any other period of the State's history, the legislature had
instructed a select committee to inquire into the expediency
of making it high treason for citizens to conspire against
the constitution of the State.4

The question of constitutional reform by means of a con-

3 U. S. Census, 1850.

* Niles Register, 5th series, vol. 52, p. 73.

14 The Maryland Constitution of 1851. [392

vention had long been agitated among the people of Mary-
land, and had been largely mixed with party movements
and purposes. From 1820 to the Civil War the State was
a close one in regard to the numerical strength of the
respective political parties. In general the Whigs were
stronger. As one party secured the control of the gov-
ernment, the other agitated the question of " conventional
reform," as it was alleged, " to ride into office."

In the movement of 1835-36 for constitutional reform,
which resulted in the radical amendments of the constitu-
tion of 1836, a portion of the people of the State were pre-
pared to effect the proposed amendments without the aid
of the legislature. Local conventions were held in several
counties of the State urging the necessity of constitutional
reform, and for the purpose of selecting delegates to a
state convention to be held in the city of Baltimore in the
spring of 1836. The purpose of this convention was to
bring pressure to bear on the legislature in order to obtain
the desired changes in the constitution. On the 6th of
June, 1836, the State Reform Convention, composed of
representatives from both political parties, assembled in
Baltimore City. In this convention Cecil, Harford, Balti-
more, Frederick, Montgomery, and Washington counties,
and Baltimore City were represented. The convention
adopted a set of resolutions recommending to the voters of
the State not to support any candidate for the state legis-
lature who did not pledge himself to introduce and sup-
port a bill in the legislature providing for taking the vote
of the people on the question of reforming the constitution
of the State. The convention resolved: "That if within
forty days after the commencement of its session the legis-
lature shall refuse or neglect to provide for ascertaining the
sense of the people of the State upon this important ques-
tion, and for calling a convention as prescribed in the
previous resolutions, the president of the convention is
hereby requested forthwith to convene this convention for
the adoption of such ulterior measures, as may then be

393] Constitutional Reform Agitation. 15

deemed expedient, just and proper, as may be best calcu-
lated, without the aid of the legislature, to ensure the
accomplishment of the desired results." B

The legislature, coerced by the state of public feeling,
and by the course pursued by the nineteen Democratic
senatorial electors, who refused to qualify and meet the
twenty-one Whig electors to elect the Senate," made many
of the desired changes in the constitution. The persistence
with which the nineteen " reform " electors pursued their
determination of electing a senate composed of a majority
in favor of reform, and the illegal and revolutionary man-
ner in which they endeavored to bring about a convention
for the purpose of forming a new constitution, produced
a reaction throughout the State in regard to the calling of
a convention. Public meetings were held in many of the
counties, and in the city of Baltimore, condemning the
course pursued by the " reform " electors as " disorganizing
and revolutionary." 7 The changes made in the constitu-
tion by the " reform legislature " of 1836-37 served to
check for a few years the demand for a constitutional con-
vention.

The legislature in the effort to secure to Maryland the
growing trade of the West, and with the view of developing
the mineral resources of western Maryland, was induced to
make use of the capital and credit of the State in the aid
of various works of internal improvement. In the Decem-
ber session of the legislature of 1835-36, a measure was
introduced to grant heavy subsidies to the various pro-
jects of internal improvement in course of construction.
This measure was opposed in the legislature, and, with a
view of enabling the members to learn the sentiments of
their constituencies on the subject, was postponed until the
extra session held in May.

8 Scharf s History of Md., vol. iii, p. 189. See also Niles Register,
5th series, vol. 52, p. 124.

8 Steiner's Electoral College, Amer. Hist. Association, Rep. 1895.
p. 142.

7 McSherry's History of Maryland, p. 351.

16 The Maryland Constitution of 185 1. [394

During this time a convention was held in the city of
Baltimore at which delegates were present from the states
interested. The subject of internal improvement was
thoroughly discussed, and, in the language of Governor
Lowe, " promises were made which created a wild delusion
scarcely equalled by the dream of oriental imagination.
The people were told that instantaneous wealth and power
were within their grasp; that millions upon millions of
public debts might safely be incurred as the returns of the
investment would be certain and immediate; and that, for
all time thereafter Maryland would be free from even the
light burden which she had borne from the beginning;
while from her exhaustless treasury, perennial streams of
gold should flow bearing upon their bosom into the re-
motest section of the State the blessing of knowledge and
refinement." s

The result was that when the legislature met in extra
session in May, after a violent opposition, an appropriation
of eight millions of dollars was made, which together with
the appropriation already made, and those made two years
later, involved the State in a debt of over sixteen millions
of dollars.9 To meet the interest on this debt and gradually
absorb the principal, excessive taxes were imposed upon
the people. Violent opposition to the taxes was manifested
in several places. In some of the counties anti-tax associa-
tions were formed declaring their inability to pay the tax.
In Harford county open resistance to the law was made.
When the collector of the tax attempted to sell some prop-
erty on which an execution was levied for the payment of
the state tax a mob chased him from the place of the sale,
threatening to kill any one who should venture to bid.10
This condition of affairs, and the popular excitement
caused by the financial embarrassment of the State brought

Gov. Lowe's Inaugural Address, June 6, 1851.
McSherry's History of Maryland, p. 368.
0 Niles Register, 5th ser., vol. 65, p. 354.

395] Constitutional Reform Agitation. 17

the subject of " conventional reform " again into promi-
nence.

As the evils of having a constitution so completely in
the power of the legislature became apparent in the ex-
travagant use of the State's credit, it was seen that there
must be some effectual check to prevent the legislature in
the future from involving the State in financial ruin. Each
succeeding election found the subject of constitutional re-
form a topic of increasing excitement and agitation, and
augmented the number of those who advocated the calling
of a constitutional convention. The subject came regularly
before the legislature, and the governors in their messages
to the General Assembly repeatedly called the attention of
that body to the necessity of calling a convention.

The most important alterations in the constitution con-
templated were : a change in the system of representation in
the House of Delegates; limitation upon the power of the
General Assembly to contract debts, or pledge the public
credit; reduction in governmental expenses; the right to
elect all local county officers; a reform of the judicial sys-
tem, and especially a constitutional convention, elected
directly by the people for the express purpose of framing a
new constitution.

The rapid growth of population in the northern and
western sections of the State, especially in Baltimore City,
rendered necessary the reapportioning of representatives
in the General Assembly. The smaller counties of south-
ern Maryland, and of the Eastern Shore, fearing the pre-
ponderance of Baltimore City's influence in the legislature,
fixed an arbitrary and unjust limitation upon her representa-
tion. Although with a population including considerably
over one-fourth of the entire population of the State, the
representation of Baltimore City embraced only about one-
sixteenth of the total representation in the House of Dele-
gates.

Representation in Maryland from colonial days down to
1836 had been based upon territory. In the year 1659 the

18 The Maryland Constitution of 1851. [396

legislature organized into two separate branches, and the
representation in the " Lower House " was made equal
among the counties. In 1692 the legislature by law fixed
the representation from each county at four. This equality
of representation among the counties remained unaltered
until the Revolutionary War.11

In 1776, when the constitutional convention assembled
to form a constitution for the State just emerging from
colonial dependency, the system of equal representation of
the counties was engrafted upon the constitution, and each
county was given four delegates, and the town of Baltimore
and city of Annapolis two each. In 1824 a constitutional
amendment was passed by the legislature which gave Bal-
timore City four delegates, so as to place her representa-
tion on an equality with the counties; but it failed to be
ratified by the succeeding legislature as the constitution
required.12 A similar amendment was made in 1835, but
failed likewise to be ratified.13 By the amendment of the
constitution in 1836, Baltimore City, Baltimore and Fred-
erick counties were each given five representatives. The
counties of Cecil, Kent, Queen Anne's, Caroline, Talbot,
St. Mary's, Charles, Calvert and Allegany three; and the
remaining counties four each.

After 1840, representation in the House of Delegates
from the several counties was to be established on a given
ratio, having federal numbers as its basis; but Baltimore
City was limited to equal representation with that of the
largest county, and no county was to have less than three
representatives.14

In the judicial department of the State a complete reor-
ganization was urged by the reformers. The appointing of
the judges by the governor, and the tenure of office for
good behavior, which was found to be in practice equal to

11 McMahon's History of Maryland, vol. 1, p. 465.

12 Act 1824, ch. 115.

13 Act 1835, ch. 98.

14 Act 1836, ch. 197, sec. 9.

397] Constitutional Reform Agitation. 19

a life tenure, were considered to be, as the phrase went,
" contrary to the spirit of American institutions." In 1842
there were in commission twenty-one common law judges
and a chancellor at an expense for their salaries of $36,000
per annum. Governor Thomas in his message to the
General Assembly in the same year declared that there was
not a state in the whole Union, notwithstanding the fact
that the population of several of the states was four times
as great as that of Maryland, where the number of the law
judges, and the amount of their salaries, were not less
than those of Maryland. " Besides these objections," Gov-
ernor Thomas continues, " another is that there are no
effectual means provided for in the constitution to get rid
of judges once commissioned as promptly as public interest
may demand."

In 1844 the House of Delegates appointed a committee
to take into consideration the advisability of reducing the
expenses of the judicial system of the State, and of chang-
ing the tenure of office. In their report they showed that
Maryland in 1840 paid for her judiciary the sum of $41,500"

"The State paid in 1840 in salaries the sum of $36,100, as follows:

Chancellor $ 3,400

Twelve associate judges of county courts 16.800

Five chief judges " " 11,000

Chief judge of Court of Appeals 2,500

Chief judge of Baltimore City Criminal Court 2,400

$36,100
In addition to the salaries thus paid from the treas-
ury, the two associate judges of Baltimore City

Court were paid by the city ($1500 each) 3,000

The judges of the sixth district (including Baltimore
and Harford counties) received in addition to their
salaries, in equal shares the amount of certain
taxes on proceedings in the court, amounting to
($800 each) 2,400

$5,400

Making a total of $41,500

See Report of Committee on Grievances and Courts of Justice,
House Journal, March 5, 1844.

20 The Maryland Constitution of 1851. [398

(excluding the salaries of the clerks, etc., etc.), while Massa-
chusetts, with a population more than twice as great, and
almost three times the extent of territory, was paying but
$25,750. The committee recommended the reduction of
the number of judges; but not of their salaries.

In addition to the lack of authority claimed by the legis-
lature, the fear of agitating the question of slavery in the
State greatly increased the difficulties of securing legislative
sanction for the call of a constitutional convention. That
portion of the State which was deeply interested in slavery,
jealously guarded that institution from both internal and
external interference. It was feared that, if a convention
assembled, with full power of framing a new constitution,
the relation between master and slave might be changed.
By an amendment of 1836, a provision was engrafted upon
the constitution, declaring that the relation of master and
slave in the State should not be abolished unless a bill for
that purpose should pass by a unanimous vote of both
branches of the General Assembly, be published three
months before a new election, and be unanimously con-
firmed by both branches of the succeeding General As-
sembly after a new election. In event of slavery being
abolished within the State, the constitution required full
compensation to be made to the master for the value of his
slaves.18

The dissension between the North and South arising over
the settlement of the slavery question in the new territories
acquired by the Mexican War, and the position of Mary-
land as a border State, rendered the southern counties
more determined than ever to place around the institution
of slavery those safeguards which should render it more
secure from both internal and external violence. They
considered that security could best be assured when they
had a controlling voice in the government of the State.
This predominant influence in the General Assembly they

Act 1836, ch. 197, sec. 26.

399] Constitutional Reform Agitation. 21

could no longer hope to retain if a convention, whose rep-
resentation was based upon popular numbers, as was urged
by Baltimore City, and the larger counties, assembled to
frame a new constitution.

The distribution of slave property in Maryland was very
unequal. The number of slaves was rapidly decreasing in
the northern and western sections of the State, especially
in those counties bordering on the free State of Penn-
sylvania. The proximity to a free State, and the conse-
quent facilities for escape, rendered slavery almost imprac-
ticable, and slave property almost worthless. In southern
Maryland, on the other hand, where agriculture was exten-
sively carried on, and slave labor productive, the num-
ber of slaves was constantly increasing.

The southern planters had the greater part of their cap-
ital invested in this kind of property. This interest which
they guarded with so much jealousy, and which formed so
large a part of their wealth, might be destroyed and the
wealth of the other part of the State scarcely feel the shock.
These considerations led the people of the southern coun-
ties to believe it would be dangerous to them and to their
interest to give the legislative authority into the hands of
the people of the north and west, especially to those of
Baltimore City, who were suspected of holding anti-slavery
sentiments. This group considered that they were not con-
cerned in sustaining the rights of the slave-owners. Though
there were no public manifestations of a wish for the im-
mediate abolition of slavery in the State, the tendency of
the times and the action taken by the northern abolition-
ists were well calculated to increase the apprehensions of
the slave-owners. This fear of agitating the question of
slavery in the State was one of the principal causes for the
legislature's resistance of the demands of the large majority
of the people for a constitutional convention.

The financial embarrassment of the State, due to the
failure of realizing the large returns which had been so
confidently predicted from the works of internal improve-

22 The Maryland Constitution of 1851. [400

ment, increased the agitation for " retrenchment and re-
form." This agitation arose paramount to all other issues.
After the Stamp Tax law of 1844 was put in execution,
which was the most objectionable among the many laws
passed for the purpose of raising a revenue, and which was
referred to as the " British Stamp Act," 17 the demands for
a convention became general over the State.

On the 27th of August, 1845, a state reform convention,
composed of delegates from several counties, was held in
Baltimore City. The convention organized by the selec-
tion of Colonel Anthony Kimmel, of Frederick county,
president; and George W. Wilson, secretary. A committee
of five was appointed for the purpose of drafting a me-
morial to the legislature in behalf of the convention in
favor of " conventional reform." It was decided to estab-
lish a permanent central reform committee, consisting of
ten members from the city of Baltimore, and five from
each county, for the purpose of " securing the great object
of retrenchment and reform." The convention adopted a
set of resolutions without a dissenting voice. Among
which were:

"Resolved, That it be recommended to all the election
districts in the State to organize reform associations, and
to appoint corresponding committees, whose duty it shall
be to report to the central committee all information that
they may collect with regard to the progress of reform
principles, and suggest such measures as may be deemed
advisable to advance the cause in their several districts."

" Resolved, That it be recommended to the people
throughout the State to give their votes to no candidate
for either branch of the legislature who will not pledge
himself to vote for the call of a convention; the abolition
of all useless offices, and the retrenchment of all unneces-
sary expenses."

" Resolved, That we consider any apprehension that, in

" Scharf's History of Maryland, vol. iii, p. 212.

-101 J Constitutional Reform Agitation. 23

a convention assembled to form a new constitution to be
submitted to the people for ratification, there is danger
that the slavery question might be agitated to the preju-
dice of the quiet and happiness of the public, as altogether
visionary; and as implying injurious and unfounded doubts
of the good sense and sound principles of the people; that
we believe the views of all classes of our citizens on the
subject are sound, and that the State is more dishonored
by the intimation of doubts with regard to it, than she
could be by any agitation of the question that would be
likely to take place in a convention." "

When the legislature assembled in December, 1845, a
bill was introduced in the House which provided for tak-
ing the vote of the people of the State upon the question
of calling a constitutional convention. Petitions were re-
ceived from the several reform organizations of Maryland,
praying for the passage of the bill. The majority of the
committee to whom the petition and bill were referred,
reported that under the present form of government the
legislature had no power to call a convention, and that
whatever amendments were necessary, could be made by
the legislature in the manner prescribed by the constitu-
tion. The minority of the same committee reported that
under the Declaration of Rights, and the constitution of
the State, the legislature did have the power, and it was its
duty to do so at the present session. After a violent de-
bate between the members from the smaller counties on
one side, and the representatives from the larger counties
and from the city of Baltimore on the other, the bill was
lost by a tie vote."

When a new legislature was elected in 1847, the sub-
ject was again introduced in the House. The committee
in their report deplored the idea of agitating a question of
such moment when the State was involved in financial

18 Niks Register, 5th ser., vol. 68, p. 405.
10 House Journal, December session, 1845.

24 The Maryland Constitution of 1851. [402

embarrassment of the most serious character, and re-
quested that the whole discussion might be postponed until
its agitation could exercise no injurious influence upon
the credit of the State. That " conventional reform "
would be a violation of the constitution, subversive of the
interest of the smaller counties; and an abridgment to
the rights of the minority.20

In the gubernatorial canvass of 1847, tne Democratic
party nominated Philip Francis Thomas of Talbot county
for governor. Mr. Thomas's opinion on the question of
a constitutional convention was so well known that he was
presented as the standard bearer of the " reform party,"
whose motto was " reform, retrenchment, and conven-
tion." 21 The leaders of the reform movement entreated
the people to lay aside all party prejudices and act inde-
pendently of party affiliations in order to secure Mr. Thom-
as's election. They urged the counties to select their
tickets for the General Assembly with direct reference to
this question of " conventional reform," which had become
paramount to all other questions. The Whigs, as a party
opposed to the calling of a convention, nominated Mr.
William Goldsborough for governor in opposition to Mr.
Thomas. Active canvass of the State was made by both
parties. Excitement ran high, and invectives were used
to a considerable extent on both sides.

The W nigs characterized their opponents as " syco-
phants " and " parasites," " who pander to the prejudice
and interest of the larger counties in hope of lucre." 2:
The Democrats returned the abuses with equally oppro-
brious terms. Mr. Thomas was elected governor by a ma-
jority of 709 votes; while the Whigs had the majority in
both branches of the General Assembly. The friends of
" conventional reform " were again destined to disappoint-
ment. The legislature refused to pass an act authorizing

20 Report of Majority on Constitution, Dec. session, 1847.

21 Easton Star, July 27, 1847. 22 Easton Star, October 12, 1847.

403] Constitutional Reform Agitation. 25

a vote of the people to be taken upon the subject of a con-
stitutional convention, claiming lack of authority and
power to enable them to do so.

These repeated refusals of the legislature to call a con-
vention; or to take the vote of the people in reference to its
call, made the reform party more determined than ever to
secure a convention with, or without, the aid of the legis-
lature. Accordingly the leaders of the reform party
throughout the State began early in the spring of 1849 a
more violent agitation than ever on this all-absorbing
question of " conventional reform." Local conventions
were held in several counties, and delegates were selected
to meet in a state reform convention to be held in the city
of Baltimore. One of the first of these county conventions
was held in Westminster, on the 9th of June. In this gath-
ering addresses were made by several prominent men of
the county, earnestly recommending prompt and judicious
action with a view to a thorough reform in the constitution
of the State by a convention. Among the defects of the
constitution comprised in the resolutions adopted were:,
its liability to be changed at the caprice of the legislature;
the inequality of representation in the Senate; the life ten-
ure of the judiciary; the lack of constitutional check upon
the legislature in the expenditures of the public money,
and as a grievance, that the legislature had failed to meet
the wishes of the people in granting constitutional reform.23

The Worcester county reform convention met at Snow
Hill on the 10th of July. The complaints made against
the government of the State in the convention were, ex-
cessive taxes, both direct and indirect, and no constitu-
tional check placed upon the legislature in the expenditure
of public money. The convention selected ten delegates
to attend the state reform convention to be held in Balti-
more city.21 Similar conventions were held in several

28 Westminster Democrat, June II, 1849.
24 Baltimore Sun, July 16, 1849.

26 The Maryland Constitution of 1851. [404

counties. Resolutions were adopted with the view of ob-
taining constitutional reform, and delegates were selected
for the state reform convention.

In some of the county conventions there was a division
of opinion as to whether the reforms in the constitution
should be made by a convention; or by the legislature of
the State. Generally the southern counties and those of
the Eastern Shore were opposed to the convention. They
considered a convention would be dangerous to their rights
and privileges guaranteed in the constitution. The Demo-
cratic candidates for the legislature in Frederick county
issued a card pledging themselves not only to vote for,
but to use every honorable means to secure the passage of
a bill in the legislature, providing for the call of a con-
vention. They declared that " we hold that the 59th ar-
ticle of the constitution is not, and was not intended to be
other than a restriction upon the legislature; and that the
people cannot be curtailed of their sovereignty by consti-
tutional provisions, nor by legislative enactments." 25

The delegates from the several county conventions,
composing the state reform convention, assembled in Bal-
timore City, July 25, 1849. Represented were Washing-
ton, Frederick, Carroll, Baltimore, Harford, Caroline, Wor-
cester, Somerset, Montgomery, Baltimore City and How-
ard District.28 The convention was organized by selecting
Col. John Pickell of Baltimore City president, and Beale
H. Richardson, Esq., secretary. Two days were consumed
in discussing the proposed reforms, and the methods most
likely to bring the legislature to provide for a constitu-
tional convention. On the second day the following pre-
amble and resolutions were unanimously adopted:

" Whereas, The people of Maryland, through their repre-
sentatives from many of the counties, districts, and city of
Baltimore, have called this convention together to declare

25 Baltimore Sun, September 8, 1849.
20 Baltimore American, July 26, 1849.

405] Constitutional Reform Agitation. 27

and express for them their views and determinations in
relation to the reform of their constitution, and in primary
meetings have appealed to all men in Maryland, without
distinction of party to rally now upon this important and
vital question; and as in most, if not in all of the States
of this Union, the people by a convention of delegates se-
lected for their patriotism and wisdom, have assembled,
and after calm and mature deliberation amended, remod-
eled, or reformed their old constitutions (however admir-
able and appropriate at the period of their formation), and
adapted them to the changed conditions, growing power,
and the irrepressible progress of more enlarged spirit of
improvement and the fuller lights which practice and ex-
perience have bestowed; and as it is desirable that a work
of such importance, and so allied with the feelings and in-
terests of the people themselves, should be commenced,
pursued and completed in a spirit of harmony and union,
and that all minor questions, whether of Federal or State
policy should be omitted, to attain for the people the great
blessings of reform of their constitution, which they alone
are competent to make, most beneficially to themselves, by
the means of a convention, which shall be composed of
delegates directly elected by, and immediately responsible
to the people of this State."

" Resolved, That this convention, constituted as it is of
delegates appointed from the counties, districts and city of
Baltimore here represented, do, in behalf of the people of
Maryland whom they represent, declare that it is their
wish as it is their fixed determination to have a full and
thorough reform of the constitution of Maryland, by a
convention, so far as their votes and efforts can attain this
desired object."

" Resolved, That the legislature possesses the power, and
should call a convention at their next session, in obedience
to the manifest and expressed will and wishes of the people,
to reform the constitution of the State."

" Resolved, That in evidence of our sincerity in the prem-

28 The Maryland Constitution of 1851. [406

ises, we the members of this convention, mutually pledge
ourselves, one to the other, that we will cast our vote for
no candidate for a seat in either branch of the legislature
of Maryland, who is not fully committed and pledged to
vote for a bill providing for an immediate call of a con-
vention to revise the present constitution; and that we
commend this course to the friends of conventional reform
of all political parties throughout the State. That this
convention also recommends the formation of reform com-
mittees and clubs in every county, district and city in the
State, for the purpose of urging on the great work of con-
ventional reform." 2'

These recommendations were vigorously carried out by
the local reform organizations of the several counties of
the State, and of the city of Baltimore, in order to secure
the election of delegates favorable to " conventional re-
form." The Democratic party of the State was almost
unanimously in favor of a convention; while the Whigs in
the different sections were divided in regard to it. The
Whigs of Carroll county held a convention at Westminster
on the 18th of August, and took decided grounds for " con-
ventional reform." They declared that the legislature had
the power to call a convention of the people, and pledged
themselves to support no candidate unless he announced
himself in favor of the convention.28 The Whig voters of
Baltimore City in a convention of delegates appointed from
the different wards of the city adopted similar resolutions.29
The Whigs of the southern counties and of the Eastern
Shore were opposed to a convention. The Rockville, Md.,
Journal, speaking of the convention held there for the
purpose of selecting delegates to the state reform con-
vention in Baltimore City, stated, that " No Whigs at-
tended the meeting, and so far as we know, there is not
a conventional Whis; reformer in the district"30

27 Baltimore American, July 27, 1849.

28 Baltimore Sun, August 24, 1849.

29 Baltimore American, August 31, 1849.

30 Quoted from the Baltimore Sun, July 31, 1849.

407] Constitutional Reform Agitation, 29

The result of the election of 1849, gave the Whigs a
majority of twelve in the House, and nine in the Senate.
Governor Thomas in his message to the General Assembly,
January 1, 1850, plainly told that body that the large ma-
jority of the people of the State were in favor of a conven-
tion, and unless the wishes of the people in that behalf were
gratified the sanction of the legislature would not much
longer be invoked.

The subject of the constitution was one of the first to be
considered by the House. A select committee was ap-
pointed to inquire into the expediency of calling a conven-
tion, and to provide a bill to carry it into effect. Peti-
tions were received from various parts of the State in favor
of a convention. On the 15th of January, Mr. Biser of
Frederick county, who was known in the Convention of
1850 as the " Father of reform," made a majority report
favorable to a convention. The report was signed by only
three of the seven members of the committee. The com-
mittee admitted that the constitution, as it then stood pro-
vided that the legislature had thQ. power to change the
constitution of the State; but denied that that power was
exclusively in the hands of the legislature. They asserted
that the majority of the people also had the power to
amend or abolish their constitution when they so desired.
The committee showed that by the report of a similar com-
mittee in 1847, there were placed upon the records of the
legislature, views and arguments, which, if historically or
legally correct, would leave no other remedy to the ma-
jority of the people, should they demand a convention, than
a revolution.

The report claimed that the legislature had a precedent
in taking the vote of the people upon the question of in-
voking a convention by the act of 1846, which submitted
to the vote of the people of the State the proposed amend-
ment of the constitution, requiring in the future biennial
instead of annual sessions of the legislature, and which was
sustained by a majority of the voters. The committee

30 The Maryland Constitution of 1851. [408

considered that there was ample reason for asserting that
the vote could be constitutionally taken upon the propriety
of holding a convention, and reported a bill to that effect,
with provisions to put it in execution.31

On the 16th of January, Mr. Causin of Anne Arundel
county, from the same committee submitted a minority re-
port, denying the constitutional authority to submit to the
vote of the people a proposition relative to a call of a con-
vention. The report was also accompanied by a bill, which
provided for the repeal of the 42nd article of the Declara-
tion of Rights,32 and the 59th article of the constitution.3*
If the act for the repeal of these articles of the constitution
should be confirmed by the succeeding legislature, then
it would be lawful for the legislature to call a convention
of the people, to reform or make a new constitution.34

To secure the sanction of the legislature for a conven-
tion, it was seen that a compromise must be made between
the different sections of the State. Baltimore City and
the larger counties maintained that representation in the
convention should be apportioned among the counties and
city of Baltimore according to population. The Eastern
Shore and the smaller counties considered that all neces-
sary changes in the constitution could be made by the
legislature, and that their rights and interest would be put
to hazard by a convention, having population as the basis
of representation. They required, if such a convention
should be called, a vote of two-thirds of the convention to
pass any constitutional provision touching the interest of
the people of the Eastern Shore,35 as guaranteed to them
by the constitution.

The radical reformers were unwilling to consent to the
delay and uncertainty of the succeeding legislature con-
firming the amendments proposed by the report of the mi-

31 Report of Majority on Constitution, January 15, 1850.

32 See p. 10. M Ibid.

34 Report of Minority on Constitution, January 26, 1850.

35 House Journal, January 7, 1850.

409] Constitutional Reform Agitation. 31

nority of the committee. They demanded the immediate
enactment of a law authorizing the vote of the people to
be taken upon the question of a convention. After con-
siderable opposition, the bill reported by the majority of
the committee, but slightly amended, was passed by the
House by a vote of forty-three to thirty-five; and the
Senate without amendment or debate, except to a question
of postponement, passed the bill by a vote of eleven to
seven. The representatives from the following counties
voted unanimously to submit the bill to popular vote: Balti-
more, Harford, Cecil, Talbot, Frederick, Washington, Al-
legany, Carroll and Baltimore City. The counties of St.
Mary's, Calvert, Charles, Dorchester, Queen Anne's, Wor-
cester and Kent voted unanimously against the bill. The
remaining counties were divided in their vote.30 The Bal-
timore Sun of May 7, 1850, in an editorial states " That it
was not until the popular sentiment turned very decidedly
towards a convention independent of the legislature, that
the convention was granted; and so decisively had this
purpose taken hold of the popular mind that there was
some disappointment when the Senate passed the bill."

The convention was to have complete power of framing
a new constitution, except that it was prohibited from
changing the relation of master and slave as then estab-
lished and sanctioned by the constitution. The act also
provided that the new constitution should be submitted to
the people for their ratification or rejection on the first
Wednesday in June, 185 1. The representation in the con-
vention to be the same as each county and the city of Bal-
timore then had in both branches of the legislature."

The reform party did not rest with their success in the
legislature, but endeavored to secure the adoption of the
measure by the people. In Baltimore City a large meeting
was held without distinction of party on the 18th of April.
Addresses were made by several prominent reformers,

36 House Journal, February 16, 1850. " Act 1849, ch. 346.

32 The Maryland Constitution of 1851. [410

urging the people to cast their ballots for the convention.
The banners displayed bore in large letters the motto:
4,1 A long pull, a short pull, and a pull together."38 Similar
meetings were held in several parts of the State.

The vote in regard to a convention was taken on the 8th
of May. The ballots were marked thus — " for a conven-
tion," and " against a convention." A majority of 18,833
votes were cast in the State for a convention. In Balti-
more City the aggregate vote cast was very small, only
some 8500 voters went to the polls, and of these only 376
voted against the convention. The following counties
voted against the proposition: Prince George's, Dorches-
ter, Charles and St. Mary's. Somerset county voted for a
convention by a majority of six votes.39 The election for
delegates was held on the 4th of September, and on the 4th
of November, 1850, the convention assembled in Annapolis.

The fact that the articles of the constitution which gave
to the legislature the power to propose and make amend-
ments were not repealed, gives the convention a revolu-
tionary or extra-constitutional character.

ss Baltimore American, April 19, 1850. 39 See Appendix, p. 85.

CHAPTER II
THE CONVENTION

The year 1850 was one of profound excitement through-
out the United States. The slavery question was now
agitating the country from one end to the other. The
dispute about freedom in the new territories acquired by
the Mexican War aroused sectional animosities and seces-
sion threatened. The article of the constitution and the
laws of Congress providing for the recapture of fugitive
slaves had been repeatedly disregarded, or set at defiance.

The government of the State of Maryland at that time
was in the hands of the Whigs, who represented the agri-
cultural and conservative element of the people. Although
the Whigs were in the minority in respect to popular num-
bers, they were enabled, by' the system of representation
recognized by the constitution of the State, to have a ma-
jority in the General Assembly.

Representing the agricultural interest of the State, the
Whigs, as a political party, were opposed to a constitu-
tional convention. They were reluctant to surrender any
portion of their relative influence in the state legislature
to the growing population of the northern and western
sections of the State, especially to the rapidly increasing
population of Baltimore City. Self-protection, they con-
sidered, demanded the retention of the state government
in their own hands.

It was not until revolution threatened the State that the
counties of southern Maryland and of the Eastern Shore,
through their representatives in the General Assembly,
consented to submit to the voters of the State a proposi-
tion relative to a call of a constitutional convention.
29

34 The Maryland Constitution of 1851. [412

The peculiar geographical features of Maryland are such
that the State is divided into sections whose interests have
always been regarded as opposed to each other. Sectional
jealousy was particularly strong before the Civil War.
The Eastern Shore and southern Maryland had some
interests in common; both were agricultural districts, and
both were deeply interested in the maintenance of the in-
stitution of slavery within the State. The number of
slaves was increasing in the southern counties of both the
iEastern and Western Shore. The number of slaves in
three of the counties: Prince George's, Calvert and
Charles, exceeded the number of whites.1

On the Western Shore the city of Baltimore was clam-
oring for greater political power. The city's representa-
tion in the General Assembly of the State was limited to
equal representation with that of the largest county,
though with a population more than four times as great.
The rapid growth of population of Baltimore City, and
her great commercial expansion; while producing a sense
of pride among the inhabitants of the agricultural districts,
filled them with alarm for their own political influence in
the government of the State, and thereby the control over
the institution of slavery. This alarm was greatly in-
creased by the relative decrease of slave population in the
northern and western sections of the State.

The commercial interest of Baltimore City was not
deeply concerned in the maintenance of slavery in the
State, because the employment of slaves in commercial
pursuits was not considered to be profitable.

The sectional jealousy of the two Shores was greatly in-
creased by the system of internal improvement, which was
financially aided by the State. For advancing its commer-
cial interest, the small State of Maryland had become in-
debted to the extent of over sixteen millions of dollars.
The citizens of Baltimore City were the real promoters

1 U. S. Census, 1850.

413] The Convention. 35

of the plan of state aid to canals and railroads; in this
they were supported by the people of western Maryland
who were interested in finding a market for their agricul-
tural and mineral products.

The failure of the works of internal improvement to pay
interest on the bonds guaranteed and issued by the State,
compelled the government to resort to heavy taxation.
The people of the Eastern Shore bitterly complained of
being heavily taxed for the benefit of the Western Shore
and Baltimore City. Intersected by rivers and creeks, the
Eastern Shore did not require works of internal improve-
ment to develop her resources. The people of the East-
ern Shore regarded the Chesapeake and Ohio canal, and
the Baltimore and Ohio railroad as injurious rather than
beneficial to her agricultural interest. They brought into
competition with her products the products of the great
West.

It was amid these political and economic conflicts of in-
terest within the State, and amid the agitation concerning
slavery in the whole country, that the Maryland consti-
tutional convention assembled in Annapolis on the 4th of
November, 1850.

In the convention were many of the leading men of the
State; men of wide political knowledge and experience.
Among the more prominent members and those who took
a leading part in the debates were ex-Governors Samuel
Sprigg and William Grason. Hon. T. H. Hicks, after-
ward war governor of Maryland, through whose efforts
Maryland was prevented from seceding from the Union,
United States senators Edward Lloyd, of Talbot county,
William D. Merrick, of Charles county, and David Stew-
art of Baltimore City. Others who were prominent in the
convention were Hon. John W. Crisfield, of Somerset
county, a representative in the Thirtieth and the Thirty-
seventh Congress of the United States, and one of the
ablest lawyers of the State. Alexander Randall, of Anne
Arundel county, a representative in the Twenty-seventh

36 The Maryland Constitution of 1851. [414

Congress, Charles J. M. Gwinn, of Baltimore City, a prom-
inent lawyer of the State, and several others of distin-
guished ability. The total number of members of the con-
vention was one hundred and three. Politically there
were fifty-five Whigs and forty-eight Democrats.

The convention was temporarily organized by the call-
ing of Col. Benjamin C. Howard, of Baltimore county, to
the chair, and James L. Ridgely, of the same county, was
appointed secretary.

Elements of discord abounded in the convention. Party
feeling was very strong, and perhaps to this cause may
be attributed in a great measure the difficulties and dif-
ferences which were encountered in the progress of the
session. An entire week was consumed before the con-
vention was able permanently to organize, owing to polit-
ical division and sectional jealousy.

The candidates for the presidency of the convention were
Hon. John G. Chapman, of Charles county, Whig; Col.
Benjamin C. Howard, Democrat; and William C. John-
son, of Frederick county, independent Whig. After eight
days of various attempts to elect a president, during which
time caucuses were held by both parties to instruct their
members as to what compromises would be accepted and
what required, Mr. Chapman, the Whig candidate was
chosen permanent president. He was a conservative re-
former, and had voted against the call of the convention.

On taking the chair Mr. Chapman said that venerating
as he always had done, the characters of those wise and
patriotic men, who in 1776 formed the first republican con-
stitution of the State, he had witnessed with a distrust,
which he never desired to conceal, the efforts that had
been made to change its provisions.2 George G. Brewer,
of Annapolis, was made secretary to the convention.

Nineteen standing committees were appointed by the
president to prepare and bring business before the con-

3 Baltimore American, November 16, 1850.

415 J The Convention. 37

vention. The most important committee was considered
to be that on representation. Other committees to which
great importance was attached were those on the legis-
lative department; the committee on the judiciary, and the
committee on future amendments. The president of the
convention in appointing the various committees had
strict regard to the different sections of the State.

Early in its session the convention had appointed a se-
lect committee to draw up resolutions in reference to the
recent compromise measures adopted by the United States
Congress. On the ioth of December, 1850, the select
committee reported a series of resolutions, which were
unanimously adopted.

These resolutions declared that the constitution of the
United States had accomplished all the objects — civil and
political — which its most sanguine framers and friends an-
ticipated. That a proper appreciation of the blessings
which that instrument had brought to the country would
lead every state in the Union to adopt all measures nec-
essary to give complete effect to all provisions of the
constitution, or laws of Congress intended for the protec-
tion of any portion of the Union.

They declared that the several acts of Congress, namely,
those relating to the admission of California as a free
state; to the territorial governments of Utah and New
Mexico; to the prohibition of slave trade in the District
of Columbia, and to the reclamation of fugitives from
labor, did not, to the extent they desired, meet the just
demands of the South. But in order to heal the public agi-
tation and perpetuate the Union, the acts of compromise
received their acquiescence. They declared that of the
series of laws passed by Congress that intended to insure
the restoration of fugitives from labor was the only one
professing to protect the peculiar rights and institution of
the Southern states from the " mischievous hostility of a
wicked fanaticism " in the North. The fugitive slave law
was but a " tardy and meagre measure of compliance with

38 The Maryland Constitution of 1851. [416

the clear, explicit and imperative injunction of the con-
stitution." The provisions of that law could not be vio-
lated or deliberately evaded without leading to a dissolu-
tion of the Union."3

Copies of the above resolutions were sent to the execu-
tives of several states. Governor Collier of Alabama in
acknowledging- the receipt of the resolutions said that
Maryland had spoken frankly and patriotically, and that
the South would be true to the Union so long as the " sa-
cred charter of our rights was respected and honored, and
the general government manifested a willingness and
ability to enforce the law made for the protection of the
South." 4

Similar resolutions were adopted by the citizens of
Frederick county. These resolutions declared emphatic-
ally that the fate of the Union depended upon the future
conduct of the North.5 The convention expressed also its
great admiration for the eminent statesmen " who, rising
above the influence of party and sectional considerations,
periled their well-earned reputations for the enduring wel-
fare of their country."

On the 25th of March, 1851, the convention entertained
at dinner the Hon. Daniel Webster. Mr. Webster took a
leading part in defense of the compromise measures in the
United States Senate,6 and was honored by the people of
Maryland as " the ablest defender of the Union." Amid
speech-making and toast drinking the attachment and loy-
alty of Maryland to the Union was proclaimed.7

The subject of apportioning representation in the Gen-
eral Assembly among the several counties and Baltimore

3 See Resolutions, Baltimore American, December 12, 1850.

4 Debates of Convention, vol. i, p. 384.

5 See Baltimore American, November 18, 1850.

8 See Webster's Speech, 7th March, 1850; Webster's Works, vol.

5, p. 324-

7 See Pamphlet, " Dinner given to Hon. Daniel Webster by
the Md. Reform Convention, 1850."

417] The Convention. 39

City was one of the first to be considered by the conven-
tion, and one of the last to be disposed of. To many this
took precedence over all issues before the convention. It
was the most difficult and embarrassing- question upon
which that assembly was called to act. The issue was
between the smaller counties of southern Maryland and
of the Eastern Shore on the one hand, and Baltimore City
and the larger counties which claimed representation ac-
cording to population on the other. The smaller counties
were generally willing to give representation according to
population to the counties, but desired to restrict the rep-
resentation of Baltimore City to equal representation with
that of the largest county, or giving the city the same rep-
resentation as was agreed to in 1836. The city of Balti-
more and the counties which were prominent in wealth
and population protested against the injustice of the
smaller counties controlling the state legislature. The
smaller counties having a majority in the legislature under
the old constitution insisted that they would never sur-
render the rights and privileges which that constitution
conferred upon them. Under the constitution of 1776 the
people of the Eastern Shore enjoyed certain privileges,
among which was that no constitutional amendment could
be made touching the interest of the Eastern Shore with-
out a two-thirds vote of all the members of two successive
General Assemblies, requiring only a majority vote for the
rest of the State.8

This provision was the result of a compromise between
the Eastern and Western Shores at the time of the forma-
tion of the original constitution. The smaller counties of
the Eastern Shore and southern Maryland having the ma-
jority in the legislature practically held control over the
institution of slavery and the public treasury. This power
they were determined not to yield to the larger counties
and especially to the people of Baltimore City.

8 Constitution 1776, art. 59.

40 The Maryland Constitution of 1851. [418

Under these circumstances it was seen that a comprom-
ise was necessary between the contending parties and their
interests to secure a new constitution. The act itself, by
which the convention was called, was a virtual acknowl-
edgment that the constitution to be framed should be a
work of compromise on the subject of representation,
since it fixed the representation in the convention. Each
county and Baltimore City was given the same number of
representatives as they then had in both branches of the
General Assembly.

The majority of the members were hampered in making
compromises by the instructions given by their constitu-
encies. These instructions were generally of such a char-
acter as to give to certain parts of the State some superior
advantage, or prevent a reduction of their relative in-
fluence in the future legislatures.

Closely connected with the subject of representation was
that of slavery, the only subject upon which the conven-
tion was unanimously agreed. Mr. Presstman, of Balti-
more City, had anticipated the representatives of the coun-
ties more particularly interested in slavery, and submitted
a proposition providing that the legislature should have
no power to abolish the relation between master and slave
as it then existed in the State,9 and that the committee on
the legislative department be instructed to report a bill
to that effect.10 This was regarded as a decided advance in
the way of conciliation on the subject of representation,
since it came from the part of the State where no great
interest in slavery was felt; and a reciprocal concession was
expected in return from the southern counties in regard
to representation.

The southern counties were considering not only the
immediate protection of slavery within the State, but the
future, when the institution of slavery would be practically
confined to southern Maryland. At the present rate of

0 See chap, i, p. 20. 1(1 Debates, vol. i, p. 113.

419] The Convention. 41

decrease they considered that it would be only a few years
until slavery would have entirely disappeared from the
northern and western counties. They refused to com-
promise in any manner that would lessen their influence in
the General Assembly.

The committee on representation consisted of nine mem-
bers, representing Charles, Baltimore, Kent, Carroll, Tal-
bot, Somerset, Washington, Anne Arundel counties and
Baltimore City. The committee was unable to agree upon
any plan of apportionment.

On the nth of December, Mr. Merrick, of Charles
county, chairman of the committee on representation made
a negative report as follows:

(i) "Resolved, That it is expedient to regard federal
numbers in finding the estimates and basis of representa-
tion in the House of Delegates."

(2) " Resolved, That it is inexpedient to adopt a prin-
ciple of representation based exclusively upon popular
numbers in organizing the House of Delegates or the
Senate." u

Several of the members of the convention desired the
whole subject of representation to be postponed until the
convention had made further progress in making the con-
stitution. They considered the question of representation
was one to which more importance was attached than to
any other upon which the convention would be called to
act.

The delegates from Baltimore City consisting of Messrs.
Presstman, Gwinn, Brent, Stewart, Sherwood, and Ware
were opposed to referring the subject again to the com-
mittee in any form, and desired the whole subject of repre-
sentation to be discussed in the convention as a whole,
without the intervention of the committee. After several
attempts to recommit, the whole subject was laid upon the
table.12

11 Debates, vol. i, p. 106. The term " federal numbers " meant
the congressional ratio of 1 free to 3/5 slave population.

12 Debates, vol. i, p. 137.

42 The Maryland Constitution of 1851. [420

The first part of the report that federal numbers should
be used in finding the basis of representation was not
approved by the majority of the convention. Federal
numbers had been recognized in Maryland for the first
time, in an amendment of the constitution in 1836. It was
the result of a compromise based upon federal numbers
and territory. According to this one senator was elected
from each county and Baltimore City, while representatives
followed the federal ratio of population.

If federal numbers had been taken as a basis for repre-
sentation, it would have deprived southern Maryland of
a large part of her population in representation. In Bal-
timore City there were less than three thousand slaves,
while her free-negro class numbered nearly twenty-five
thousand.

As free negroes were to be counted as whites, though
having no political rights, federal numbers would have re-
duced the southern counties' representation unduly. In
Prince George's and Charles counties the slave popula-
tion exceeded the number of whites and free negroes com-
bined. In addition Baltimore City had a large alien popu-
lation, which, on the basis of federal numbers, would be
made equal to citizens in the counties, where the popula-
tion almost exclusively consisted either of native-born, or
of naturalized citizens.

Federal numbers in apportioning representation in the
Congress of the United States was the result of a com-
promise between the slave and the non-slave states. It
provided that taxation and representation should be appor-
tioned equally. The slave-holding states received as a
compensation for the non-enumeration of a portion of their
slaves in the apportionment of representation, an exemp-
tion to the same extent from taxation.

In Maryland there was no such compensation or equiva-
lent exemption proposed, or contemplated. The effect of
adopting federal numbers as a basis for representation
would have been to throw the loss occasioned by slavery,

421] The Convention. 43

on the particular portion of the State in which slaves were
most numerous.

In regard to the second part of the report that popula-
tion alone could not be taken as the basis of representa-
tion in the House of Delegates there was a division in the
convention. There was both a sectional and a political
interest against recognizing population as the basis of
representation; sectional, because it would have thrown
the smaller counties in the minority in future legislatures,
and political, because it would have given the State to the
Democrats. This latter event the Whigs, who were in
the majority, were determined to prevent.

There were two views held in the convention in regard
to representation between which a compromise had to be
made. The first was in favor of a system of representa-
tion on a population basis for the whole State. The sec-
ond favored representation on the basis of population for
the counties ; but restricted Baltimore City to a represen-
tation equal to that of the largest county.

In some of the southern counties during the contest for
seats in the convention, the question of secession was dis-
cussed.13 It was decided in event of population being
taken as the basis of representation in the General As-
sembly of the State, that there should be engrafted on the
new constitution a provision, which would enable the
Eastern Shore and southern Maryland to secede peaceably
from the State, and unite with Delaware or Virginia. The
time of secession was to take place whenever the interest
of these sections seemed to require it.

For this purpose Mr. T. H. Hicks, afterwards governor
of Maryland, offered an amendment to the Declaration of
Rights providing, " That any portion of the people of this
State have the right to secede, and unite themselves and
the territory occupied by them to such adjoining State as
they shall elect." u One of the members of the conven-

Debates, vol. i, p. 156. u Debates, vol. i, p. 150.

44 The Maryland Constitution of 1851. [422

tion humorously offered an amendment to the above by
adding, " provided we can get any State to accept us."

This attempt of the Eastern Shore to secede from the
Western Shore was not a new feature in the history of
Maryland. The prevalence of shore jealousy was very
strong in the convention which framed the constitution of
1776. A proposition was then made in that convention to
insert an article in the Declaration of Rights, acknowledg-
ing the right of either shore to separate from the other
whenever their interest and happiness so required. This
proposition in the convention of 1776 received the support
of sixteen out of the twenty-one members from the Eastern
Shore.15

The amendment offered by Mr. Hicks was lost by a vote
of fifty-one to twenty-seven.16 It received the support of
fifteen out of the twenty-seven votes cast from the Eastern
Shore. The counties of Dorchester and Worcester voted
unanimously for secession. Queen Anne's county cast a
solid vote against it, and the other counties of the Eastern
Shore were divided in their vote.17 Mr. Hicks made a sec-
ond unsuccessful attempt to have his amendment adopted
when the convention was considering future amendments.18

It was the deep interest in the maintenance of slavery
in the southern counties of both shores that caused those
sections of the State to view with alarm the demands of
Baltimore City and western Maryland for representation
based on population.

A provision was placed in the constitution intended to
remove the apprehensions of the southern counties in re-
gard to the protection of slave property, by prohibiting

15 McMahon's History of Md., p. 466.
10 Debates, vol. i, p. 156.

17 Mr. Hicks, a number of years later, declared that he had intro-
duced the resolutions, not to declare an " inherent right," but to
give the people an opportunity to vote on the question. [See
Radcliffe: Governor Hicks of Maryland and the Civil War, p. 13,
note.]

18 Debates, vol. ii, p. 851.

423] The Convention. 45

the legislature from altering the relation of master and
slave as then existed in the State. The representatives
from the southern counties had no faith in a constitution,
especially since the old constitution had been abolished by
a revolutionary act.19 They did not consider themselves se-
cure unless they had the controlling influence in the gov-
ernment of the State in their own hands.

When the final vote was taken on the popular basis of
representation for the whole State, only seventeen votes
were cast in its favor, and sixty against it.20 Baltimore
City and Frederick county cast a solid vote for the popular
basis; Baltimore and Carroll counties three each, and Har-
ford county one. The remaining counties cast a solid
vote against the proposal.

The committee after a long deliberation and comparison
of views, found it impossible to concur by a majority in
any plan of representation. On the 15th of February, Mr.
Merrick, with the permission of the committee, submitted
a plan for consideration. The report was not one in
which the committee concurred. It was for the purpose
of bringing the subject before the convention that the
committee authorized the report to be made.

The plan submitted by Mr. Merrick gave Baltimore
City two more delegates than the largest county in the
House of Delegates; the members to be chosen annually.
The Senate was to be composed of twenty-two senators
elected for a term of four years. One senator from each
county, and two from Baltimore City; but the city was to
be divided into two senatorial districts and nine electoral
districts, for the purpose of electing members to the House
of Delegates. Each district was to elect one member.13
The proposition to district Baltimore City, as has been
done since, was advocated by the Whig voters of the city,
who were in the minority.22

10 See ch. i, p. 32.

20 Debates, vol. i, p. 122.

21 Debates, vol. i, p. 285.

22 Baltimore American, November 20, 1850.

46 The Maryland Constitution of 1851. [424

There were two minority reports made from the com-
mittee on representation; one by Mr. Lloyd, of Talbot
county (a Democratic district), giving to Baltimore City
five more delegates than the largest county and equal rep-
resentation in the Senate.23 The second minority report
submitted by Mr. Chambers, of Kent county, was the same
plan adopted in 1836 in all respects, except that it adopted
the aggregate population as a basis instead of federal
numbers.24 All of these plans for a basis of representation
were rejected by the convention.

There were several compromises offered, but none upon
which the convention could agree. Baltimore City was
willing to compromise on a territorial basis in the Senate;
but claimed popular representation in the House of Dele-
gates. They considered this would be a sufficient check
to prevent any legislation detrimental to the counties.

The plan of representation, which received the greatest
attention and support was known as the " Washington
county compromise." It was introduced by Mr. Fiery of
that county. The plan was based on federal numbers. If
adopted, it would have given Baltimore City four more
delegates than the largest county.25 This compromise was
rejected, afterwards reconsidered, and finally lost by a vote
of forty-seven to forty-six.26

The question of apportioning representation was finally
disposed of April 1. The plan was introduced by ex-Gov-
ernor Grason, of Queen Anne's county,27 subsequently
amended so as to give Baltimore City one additional rep-
resentative, and finally adopted by a vote of forty-three to
forty.28 Representation in the House of Delegates was ap-
portioned among the counties on a population basis; Balti-
more City was limited in the House to four more delegates
than the most populous county. No county was to have

23 Debates, vol. i, p. 286. 2* Debates, vol. i, p. 287.

25 Debates, vol. ii, p. 19. 20 Debates, vol. ii, p. 170.

27 Debates, vol. ii, p. 197. 2S Debates, vol. ii, p. 199.

425] The Convention. 47

less than two members, and the whole number of delegates
never to exceed eighty.

In the Senate the method of federal representation was
adopted; one senator from each county and the city of
Baltimore elected by the people. This increased the rep-
resentation of Baltimore City in the General Assembly
from one-sixteenth to one-eighth of the total representa-
tion of the State.29

Among the reforms brought forward, that of the judi-
cial system of the State held a prominent place. The ju-
diciary had been but slightly changed since the framing of
the original constitution. In 1776 a court of appeals was
established, whose judgment was final in all cases of appeal
from the county courts, and courts of chancery. Orig-
inally there was also a court of admiralty, which court was
abolished at the time of the adoption of the United States
Constitution in 1789. In 1804 the State was divided into
six judicial districts. For each district three judges were
appointed by the governor with the approval of the Sen-
ate.

Reform in the judiciary had been one of the prominent
features of the earlier agitation" of 1836; but no change
was made at that time. The tenure during good behavior,
and the appointing of the judges by the governor, together
with the extraordinary expense attendant upon the ad-
ministration of justice were the principal grounds of com-
plaint. The annual cost incurred by the State for the
maintenance of the judicial system in salaries alone ex-
ceeded by several thousand dollars that of many other
states of the Union, far more populous and of much greater
territorial extent.30

A reduction in the number of judges and a limitation on
the income of county clerks, registers of wills, and other
officers it was thought, would afford relief to the taxpay-
ers of the State, and contribute toward payment of the

20 See ch. iii, p. 75- 3° See ch. i, p. 19.

48 The Maryland Constitution of 1851. [426

public debt. It was also claimed that the appointive power
was abused and that the governor and Senate were in-
fluenced more by political considerations than by public
interest.

The majority of the committee on the judicial depart-
ment, Mr. Bowie, of Prince George's county, chairman,
submitted a report providing for an elective judiciary.
The term of office was to be ten years, and the judges re-
eligible. The State was to be divided into three judicial
districts; one on the Eastern and two on the Western
Shore. The report also provided for the election by pop-
ular vote of all clerks, registers of will, justices of the
peace, etc.31 All of these officers heretofore were ap-
pointed by the governor.

Mr. Bowie, in presenting the report of the majority said
that in his judgment, the reform in the judicial system of
the State was the most important question that could be
submitted to the convention. He claimed that southern
Maryland and the Eastern Shore would have never con-
sented to the calling of that convention, save for the reform
desired in the judiciary, and for the reduction in govern-
mental expenses.32

On the 18th of March, Mr. Crisfield, of Somerset county,
one of the most distinguished lawyers of the State, from
the minority of the same committee, submitted a report,
providing for an appointive judiciary; with a tenure for
good behavior. The State was to be divided into eight
judicial districts. The estimate of the probable cost was
placed at sixty-three thousand dollars per annum.
Twenty-nine thousand dollars more than the estimate of
the majority's report.83

The contest in the judicial organization was over an
elective and an appointive judiciary. Public sentiment in
the State was strongly in favor of the former, though some

31 Debates, vol. i, p. 239.

32 Debates, vol. ii, p. 460. M Debates, vol. i, p. 516-519.

427] The Convention. 49

of the counties, as Harford, had instructed their delega-
tion to vote for the appointive system.34

The general public desired to see a system which, while
it gave- to the judges a term sufficient to guarantee their
independence would at the same time permit their work
to be reviewed by the people, or as one member of the
convention expressed it, " an independent judge dependent
upon the people." It cannot be said that the change to the
elective system satisfied the court, or the bar. It was in-
cidental to the transformation going on in the other de-
partments. Democracy rejected the appointive system.
Every official must be chosen by popular vote.

The old appointive system found its ablest defender in
Judge Chambers, of Kent county. He made a strong ap-
peal for the independence of the judiciary as a department
of the government, and as necessary to that independence,
the tenure during good behavior. Judge Chambers at-
tempted to show that there was as much reason for making
the judges independent of the people in the United States
as there was in England for making the judges independ-
ent of the crown. In his autobiography Mr. Chambers said
that he claimed the merit of being the most ardent oppon-
ent of the " novel and unwise " system of constituting the
judiciary by a popular election of judges.33

The convention rejected the appointive system by a vote
of forty-nine to twenty-three,38 also by a vote of more than
three to one the convention rejected an amendment offered
by Mr. Phelps, of Dorchester county, for the election ot
the judges by joint ballot of the two Houses of the Gen-
eral Assembly.37

The bill as originally reported by the majority, but
slightly amended, was adopted. The State was divided
into four judicial districts instead of three as the original

34 Baltimore Sun, August 4, 1850.

35 See autobiography in Scharf's Biographical Cyclopedia of
Representative Men in Md. and D. C.

38 Debates, vol. ii, p. 492. 37 Debates, vol. ii, p. 487-

50 The Maryland Constitution of 1851. [428

report provided. Baltimore City embraced one district,
and the counties of the Eastern Shore a second.

The convention found great difficulty in determining
whether the future sessions of the General Assembly should
be held annually or biennially. Prior to 1846 the legisla-
ture had held annual sessions. In that year the General
Assembly referred the question of biennial sessions to the
voters of the State. The referendum was held on the gen-
eral election day in 1846. Each voter was asked by the
judges of the election whether he was in favor of biennial
or annual sessions. Biennial sessions were declared for
by a majority of some five thousand voters.

The biennial bill had been passed as an anti-reform meas-
ure. Its object was to reduce the governmental expenses
and to remove the agitation for a constitutional conven-
tion. The bill received its greatest support on the East-
ern Shore. The Western Shore gave a majority of some
twelve hundred against the change.38

The committee on the legislative department favored bir
ennial sessions. When the report was read, an amend-
ment was offered providing for annual sessions. Political
considerations had great influence in the desire to return
to the annual sessions. The change in the basis of rep-
resentation would give the Democratic party the majority
in future legislatures. " Democracy demanded that elec-
tions be free and frequent."

Mr. Dirickson, of Worcester county, referring to the
vote of the people on the biennial bill in 1846, said, " It
was wonderful that those who professed to drink from the
very fount of Democracy — who worshiped at no other
shrine, and bowed to no other political god — should have
so soon not only scoffed at the mandates, but absolutely by
their speeches rebuked the very wisdom of the people." 3t

The argument in favor of annual sessions was made on
the ground that a greater amount of labor than usual

38 Debates, vol. i, p. 277. 30 Debates, vol. i, p. 272.

429] The Convention. 51

would be imposed upon the General Assembly, by reason
of the necessity of enacting laws to carry out the provisions
of the new constitution. They claimed that biennial ses-
sions were anti-democratic in their tendency; and were an
indirect and open violation of the spirit of the clause in
the Declaration of Rights which declared that elections
ought to be free and frequent. As a proof that annual
sessions were necessary they referred to the states of New
York, Massachusetts, Pennsylvania, and other states,
which had annual sessions. They claimed that the rela-
tion which cities bear to the rest of the State, because of
the great concentration of population and capital in the
cities, rendered annual sessions of the legislature abso-
lutely necessary for the preservation of the equilibrium be-
tween the diversified interests. The convention finally
agreed to annual sessions for three years; thereafter the
sessions of the legislature were to be biennial.

The committee on the Declaration of Rights, Mr. Dor-
sey, of Anne Arundel county, chairman, submitted their
report on the nth of January, which was taken up by the
convention for discussion on the 28th.40 As reported by
the committee the preamble to the Declaration of Rights
read as follows: "We, the Delegates of Maryland, in
convention assembled, taking into our most serious con-
sideration the best means of establishing a good consti-
tution in this State, declare," etc. The words of the pre-
amble were substantially the same as those adopted in
1776.

Mr. Dashiell, of Somerset county, moved to amend the
preamble by inserting after the word " Maryland " the
words " representing the counties, and city of Baltimore." "
The object of the amendment was to assert the theory that
the counties and the city of Baltimore were parties to the
compact in their municipal capacities.

This theory of political individuality of the counties had

40 Debates, vol. i, p. 140. 41 Debates, vol. i, p. 235.

52 The Maryland Constitution of 1851. [430

been urged many times in the legislature, during the re-
form agitation, and was referred to in the convention. Mr.
Dashiell's view of the government of Maryland was that
of a confederation of counties: each county being a sepa-
rate and distinct community. He did not regard the coun-
ties as sovereignties, because the State herself had scarcely
a principle of sovereignty left after the formation of the
Federal Government.

The basis of this view of the political individuality of
the counties was an historical one. In the convention of
1776, which framed the original constitution of the State,
the counties were represented equally. In that conven-
tion the voting was by counties; and not by individuals,
except in certain cases, and on the final adoption of the
constitution.42 In the convention of 1776 Baltimore town,
and Annapolis city were recognized as boroughs; and a
representation of only one-half of that allowed to a county
was conceded to them. The resolution in determining the
representation of Baltimore town and Annapolis says,
" Nor shall the resolution be understood to engage or se-
cure such representation to Annapolis or Baltimore town,
but temporarily; the same being, in the opinion of this
convention, properly to be modified, or taken away, on
a material alteration of circumstances of those places,
from either a depopulation or a considerable decrease of
the inhabitants thereof."43

From these facts Mr. Dashiell argued that the right was
reserved to take away the representation of Annapolis and
Baltimore, under certain circumstances; but no such right
was given, reserved, or acknowledged to have the like
effect upon the counties under any circumstances what-
ever. The right to political existence and equal represen-
tation was reserved to each county, and whenever this
equal representation was to be changed, modified or abol-

42 See Proceedings of Convention, June 25, 1774.
48 Proceedings of Convention, July 3, 1776.

431] m The Convention. 53

ished, it must be done by the free consent, or acquiescence
of the counties, that it was under this agreement of equal
representation that the counties entered into the compact
of government in 1776."

The style of the preamble as finally adopted was intro-
duced by Mr. Randall, of Anne Arundel county." The
important change made substituted " people " for " dele-
gates." The whole clause reading: "We the people of
the State of Maryland, grateful to Almighty God for our
civil and religious liberty, and taking into our serious con-
sideration the best means of establishing a good constitu-
tion in this State, for the sure foundation, and more per-
manent security, thereof, declare," etc. This preamble was
copied verbatim in the constitution of 1867.

The first article of the Declaration of Rights, as re-
ported by the committee read as follows: "That all gov-
ernment of right originates from the people, is founded
in compact only, and instituted solely for the good of the
whole." Mr. Presstman, of Baltimore City, moved an
amendment to the above article by adding, " and they
have at all times the inalienable right to alter, reform,
or abolish their form of government in such manner as
they may think expedient." *° The object of the amend-
ment was to vindicate the revolutionary character of the
convention, and to insert in the constitution the right of
revolution.

This doctrine that the majority of the voters of the State
had the right to alter or change the constitution whenever
and in whatever manner the majority deemed best, irre-
spective of legal authority, or constitutional means re-
ceived a large support during the reform agitation.
Although Mr. Gwinn, of Baltimore City, said in support
of the amendment that its object was not to assert the
right of revolution, but to compel the recognition by the

See Mr. Dashiell's speech, Debates, vol. i, pp. 437-441.
Debates, vol. ii, p. 785. "" Debates, vol. i, p. 143.

5-1 The Maryland Constitution of 185J. [432

existing government of the source of power in the State.

The amendment of Mr. Presstman was taken from the
Declaration of Rights of the State of Texas, and appears
in the constitution or Declaration of Rights of several of
the states.47

It was at this time that Mr. Hicks moved his amend-
ment to the Declaration of Rights, which provided for the
right of any portion of the State to secede from the other.48
The amendment of Mr. Presstman was amended so as to
give the majority of the voters the right of changing the
constitution, but in a legal manner, and was adopted.49

The 9th section of the report of the committee on the
legislative department declared that, " No priest, clergy-
man, or teacher of any religious persuasions, society or
sect, and no person holding any civil office of profit under
this State, except justices of the peace, should be capable
of having a seat in the General Assembly."

The Rev. Mr. Chandler, of Baltimore county, the only
clergyman in the convention, made a vigorous attempt to
abolish the first section of the clause, which he regarded
as entirely unnecessary and unjust. In defence of his mo-
tion to " strike out " Mr. Chandler said that, " Equal rights
and privileges to all " was a principle advocated by the
members of the convention, yet the same gentlemen calmly
unite their strength to blot from political existence a nu-
merous and influential class of citizens as wholly unworthy
of all confidence and even dangerous to the community.
" What great offence " he asked, " what crime have this
class of citizens committed, that they should be deprived of
one of the dearest privileges of American-born citizens —
that of eligibility to office? Have they committed treason?
Have they been guilty of highway robbery? Are they

47 Maine, Dec. of Rights, 2d sec, 1820; Massachusetts, Preamble
to Constitution, 1780; Vermont, Dec. of Rights, art. vii, 1793;
Connecticut, Constitution, art. i, 1818; Virginia, Dec. of Rights,
2d sec, 1820; Indiana, Constitution, art i, 2d sec, 1816.

48 See ch. ii, p. 43. 49 Debates, vol. i, p. 186.

433] The Convention. 55

murderers? None of these crimes have been alleged
against them; yet in the opinion of the committee they
were guilty of a crime, which should forever disfranchise
them as citizens of the State." w Twenty-one states out
of the thirty-one in the Union at that time had no pro-
scription measure against the clergy. Mr. Chandler's mo-
tion to strike out the section was defeated by a vote of
two to one.51

The report of the committee on the executive depart-
ment was submitted by ex-Governor Grason, chairman, on
the 7th of March. The report provided for the election
of the governor by popular vote, for a term of three years.
The State was to be divided into three gubernatorial dis-
tricts. The counties on the Eastern Shore composed one
district; and the Western Shore the other two. From
each district the governor was to be chosen in rotation.
Mr. Dorsey, of Anne Arundel county, moved to amend
the report by the election of the governor by an electoral
college.. This amendment was rejected by a vote of sixty
to nine.52 Several unsuccessful attempts were made to
have the State divided into four gubernatorial districts.
The report was amended by making the term of office four
years instead of three; and to be eligible to the office the
candidate was required to have been a citizen of the United
States for five years instead of ten, and a resident of Mary-
land for five years instead of seven.

The system of districting the State for the election of the
governor, was also attempted for the selection of United
States senators. In 1809 the legislature passed a law divid-
ing the State into United States senatorial districts of the
Eastern and Western Shores.53 A discussion arose in the
convention as to its legality. The law of 1809 had always
been observed by the General Assembly in selecting United
States senators. The question had never come before the

50 Debates, vol. i, p. 389. 51 Debates, vol. i, p. 394.

52 Debates, vol. i, p. 455. M Act 1809, ch. 22.

56 The Maryland Constitution of 1851. [434

Senate of the United States for determination as to the
constitutionality of the law. Several members of the con-
vention held the opinion that the State of Maryland had
entire control over the whole subject of the election of
United States senators, except so far as limited by the
Federal Constitution, which provides that the election of
United States senators shall be by the state legislatures."

Other members of the convention contended that dis-
tricting the State into senatorial districts would be a vio-
lation of the Federal Constitution by adding other qualifi-
cations for United States senators than that provided for
by the Constitution of the United States. They argued
that if the legislature could restrict the selection of United
States senators to a district, it could equally restrict the
selection to a certain county, or city, and as a logical de-
duction the legislature had the authority to restrict the
selection of senators to a certain party, or class.

Mr. Bowie, of Prince George's county, moved an amend-
ment to the 24th section of the legislative report, making
it obligatory upon the General Assembly to lay off six
United States senatorial districts. Mr. Bowie said that
it was of great importance to the agricultural portions of
the State that they should be represented in the Senate of
the United States, and should not always be overruled by
the commercial interest. In the Senate of the United
States, above all places, could agriculture be fostered and
protected.55

Another able defender of the proposition for district-
ing the State for United States senators was found in Mr.
T. H. Hicks: "a feeble representative of the Eastern
Shore " as he called himself. Mr. Hicks said he did not
profess to be versed in the law; but he did profess to have
some common sense, and to understand to some extent
the rights of the people of Maryland. " Were the people
of the Eastern Shore," he asked, " to be retained as men

54 U. S. Constitution, art. i, sec. 3. 5B Debates, vol. ii, p. 259.

435] The Convention. 57

serfs, hewers of wood and drawers of water for the city of
Baltimore?" If they could be allowed to secede from the
Western Shore they would gladly do it. But no, they had
built canals and railroads for the city of Baltimore, and
their services were still required. Ten votes in the legis-
lature had been voted to Baltimore City, and she seemed
now to be hardly as well — certainly not more satisfied —
with ten than she had been with five. In a short time
Baltimore City would require a still greater representa-
tion. At each new change the agricultural and slave in-
terests were less protected. He believed it to be right and
essential for the protection of the interest of the Eastern
Shore, that the Eastern Shore should have a representa-
tive in the Senate of the United States.58

Mr. Bowie subsequently substituted two senatorial dis-
tricts for six as his original amendment provided. The
Eastern Shore comprised the first district, and the Western
Shore the second." The convention, after a protracted de-
bate, refused to place in the constitution a provision for
districting the State for the election of United States sena-
tors.

The convention had considerable difficulty in determin-
ing the manner in which future amendments to the consti-
tution should take place. The report of Mr. Sollers, of
Calvert county, chairman of the committee on future
amendments and revision, gave the amending power to the
General Assembly. The report also provided for a consti-
tutional convention. The convention was to be called by
the General Assembly, subject to the ratification by the
succeeding legislature, after a new election. The report of
Mr. Sollers did not receive the assent of the majority of
the committee."8

On the next day (April 4) Mr. Fitzpatrick, of Allegany
county, from the same committee submitted a report in

58 Debates, vol. ii, p. 282-283.

57 Debates, vol. ii, p. 270. 5S Debates, vol. ii, p. 223.

58 The Maryland Constitution of 1851. [436

which four of the members of the committee concurred.
The report provided that the General Assembly should
submit to the voters of the State a proposition relative to
the call of a convention every ten years. If the majority
of the voters so determined the convention was to meet at
its earliest convenience.59 Mr. Brent, of Baltimore City,
offered a substitute for the above report, by making it
obligatory on the governor of the State to issue a procla-
mation every ten years for the taking of the vote of the
people in reference to a convention."0 The difference be-
tween Mr. Brent's proposition and the majority of the com-
mittee's report was that the former guaranteed independ-
ence of the legislature, while the other left to the legisla-
ture the right of authorizing the vote to be taken on the
question of a convention.

Mr. Sollers said that he did not know how rapid were
the strides of Baltimore City in the cause of abolition; but
he knew the insecurity of slave property in southern Mary-
land. Slave property was insecure just in proportion as
the counties surrendered their control over the govern-
ment of the State. He was not willing to trust the main-
tenance of slavery under a constitutional provision which
would enable the majority of the voters to call a conven-
tion."

Mr. Jenifer, of Charles county, in a speech before the
convention on the 29th of January, 1851, referring to the
article in the constitution prohibiting the legislature from
passing any law affecting the relation of master and slave
as then existing in the State, said: That article was
intended to put to rest the fanaticism as regards slavery in
Maryland, and would do so, so long as the constitution and
laws were respected. But if the right of a bare majority
was recognized to abolish the existing system of govern-
ment, and establish a new one, that provision was no guar-

'9 Ibid., p. 245.

60 Debates, vol. ii, p. 360. 0l Debates, vol. ii, p. 364.

437] The Convention. 59

antee to the southern counties that the constitution would
be respected. If the people of Baltimore City, together
with those of Baltimore and Frederick counties, who had
less interest in slavery than any other portion of the State,
should deem it expedient to abolish slavery there would
be no means to prevent them. If the right of the majority
to abolish the constitution was recognized, the right of se-
cession must go " pari passu " with it. It would become
the duty of the Eastern Shore and of the lower counties of.
the Western Shore to adopt any measures to protect them-
selves, their liberties, and their property from revolution
and anarchy.62

The report of the majority, but slightly amended, was
adopted. The legislature was authorized to pass a law for
ascertaining the wishes of the people in regard to calling
of a convention, immediately after the publication of each
census of the United States.

What to do with the free-negro population of Maryland
had been a problem much discussed for several years. On
January 12, 1842, a Slave-Holders' Convention was held in
Annapolis. The purpose of this convention was to take
such measures as would influence the legislature to pass
more stringent laws for the protection of slavery. The
convention proposed laws to prevent all manumissions of
slaves; except on condition of immediate transportation at
the expense of the manumittor, to some place out of the
State, and to prevent free negroes from coming into Mary-
land. Large rewards were recommended for the convic-
tion of persons enticing slaves to run away.03 In compli-
ance with the recommendations of the convention, the
legislature passed more stringent laws in reference to the
free negroes.64

On the 4th of December, the convention of 1850 ap-

02 Debates, vol. i, p. 153.

03 Niles Register, 5th ser., vol. 61, p. 322.
M Scharf's History of Md., vol. iii, p. 325.

60 The Maryland .Constitution of 1851. [438

pointed a committee to whom was referred the subject of
the status of the free colored population. The committee
was required to submit to the convention " some prospec-
tive plan, looking to the riddance of this State, of the free
negro, and mulatto population thereof, and their coloniza-
tion in Africa."

The increase of the free black population in Maryland
between the years of 1840 and 1850 was eleven thousand
one hundred and twenty-nine. From 1790 to 1850 the
annual increase averaged one thousand and fifty-two. The
counties of Cecil, Kent, Caroline, Worcester, Harford and
Baltimore City, had more free negroes than slaves in 1850.
The counties of Charles, St. Mary's, Calvert, Kent, Caro-
line and Worcester showed an increasing per cent of free
negroes over the whites in the ten years between 1840 and
1850. The total white increase during the same decade
for the whole State was 29.9 per cent. The free black in-
crease was 17.9 per cent. Slaves had decreased.65 The
committee showed that at the given rate of progression,
the free negro population must in a few years exceed the
white population in eleven of the counties. The committee
explained the cause of this increase by the emigration of
the white population to the western states, while the free
negro remained, knowing that when once he emigrated, the
law forbade his return.

The Maryland State Colonization Society was incorpor-
ated by the state legislature in i83i.cs The object of the
society was to employ the funds collected in Maryland for
the removal of the free negro population. From this time
the plan of colonization in Africa was adopted as a state
policy.

The act of 1831 ordered the governor and council to
appoint a board of three managers, members of the Mary-
land Colonization Society, whose duty it should be to

05 Committee's Report, Debates, vol. ii, p. 220.
00 Act 1831, ch. 314.

439] The Convention. 61

have removed from Maryland all blacks then free who
might be willing to leave. All those who might be freed
subsequently to the act were to be removed whether wil-
ling or not.67

In 1834 the State Colonization Society purchased terri-
tory in Liberia, Africa, to the extent of one hundred and
thirty miles on the Atlantic Coast, and to an indefinite ex-
tent into the interior. The seat of the government was
Cape Palmas. For the removal of the free black popula-
tion the treasurer of the State was authorized to contract
loans to the amount of two hundred thousand dollars.
Ten thousand dollars were placed annually upon the tax-
list to pay the interest on the loans, and to provide for the
payment of the principal. Between the years of 183 1 and
1850 there were one thousand and eleven free negroes
colonized in Africa from the State of Maryland, at a cost
of two hundred and ninety-eight thousand dollars. Of
this amount one hundred and eighty-four thousand five
hundred and thirty-three dollars was paid by the State.

The committee reported the following to be placed in
the constitution:

Sec. 1. "The General Assembly shall have power to
pass laws for the government of the free colored popula-
tion and for their removal from the State, and at its first
session after the adoption of this constitution, shall pro-
vide by law for their registration."

Sec. 2. " No person of color shall be capable of pur-
chasing or holding real estate within this State, by title
acquired after the adoption of this constitution, . . . ."

Sec. 3. " No slave shall be emancipated or become free
except upon condition that he or she leave this State
within thirty days next after his or her right to freedom
shall accrue."

Sec. 4. " No free person of color shall immigrate to, or
come within this State to reside." es

67 Brackett, The Negro in Md., p. 165.

68 Debates, vol. ii, p. 223.

62 The Maryland Constitution of 1851. [440

The report of the committee on the free negro popula-
tion was never considered by the convention; though there
were several attempts made for its consideration. The
question was considered when the twenty-first article of
the Declaration of Rights was under discussion. This
article declared: "That no freeman ought to be taken
or imprisoned, or disseized of his freehold, liberty or privi-
leges, or outlawed, or exiled, or in any manner destroyed,
or deprived of his life, liberty or property, but by the judg-
ment of his peers, or by the law of the land." 69

Mr. Brent, of Baltimore City, moved an amendment to
the article by substituting the word " citizen " for " free-
man." 70 Mr. Brent said that the object of the amendment
was to provide for a contingency, which might arise, in
which it would be necessary to banish the free negro popu-
lation of the State. He considered that without his amend-
ment the Declaration of Rights would prohibit the legisla-
ture from removing this class. Several members of the
convention expressed their belief that the time was not
far distant when the State would be compelled to take
serious measures for the removal of the free colored
population from its borders. Mr. Merrick, of Charles
county, said that the time must come when a separation,
peaceably or forcibly, must take place between the free
blacks and the whites. No two distinct races could, or
ever would, inhabit the same country, except in the relative
condition of master and slave — of the ruler and the ruled.
Sooner or later they must separate or the extermination of
the one or the other must take place. The black race
could not remain; they were multiplying too fast.71

Under the original constitution there was no difference
in the character of citizenship between freemen of what-
ever color. In 1802 the political power of the State was
vested in free white male citizens only.72 Since that time

69 Compare Magna Charta, art. 39. 70 Debates, vol. i, p. 194.
71 Debates, vol. i, p. 197-198. T2 Act 1802, ch. 20.

441] The Convention. 63

the free negro had no political rights whatever. Mr.
Brent's amendment was rejected, and a provision was in-
serted in the Declaration of Rights, which permitted the
legislature to pass laws for the government, and disposi-
tion of the free colored population.73

A petition was presented to the convention from a num-
ber of citizens of Frederick county, praying that an article
be inserted in the constitution, compelling all free negroes,
annually to give bond, with responsible security to the
State, for their good behavior; in default of bond they
were to be compelled to leave the commonwealth.71

Another question of interest that received the earnest
consideration of the convention, but upon which no final
decision was taken was the question of public education.
Maryland at that time had no general system of public
schools.75 Each county and city maintained its own
schools, except as to certain funds distributed by the State.
These funds were derived from different sources. The
first was called " The Free-School Fund." It was derived
from the surplus revenue of the Federal Government dis-
tributed among the states.70 The free-school fund
amounted to nearly sixty-three thousand dollars in 1851.77
This fund was distributed among the counties and Balti-
more City as follows: one-half equally, and one-half ac-
cording to the white population of each respectively.

The second fund was derived from certain taxes on
banks.78 It amounted to about twTenty thousand dollars in
185 1.79 All fines collected from the violation of the laws

73 Dec. of Rights, 1851, sec. 21. 74 Debates, vol. i, p. 371.

70 See Steiner's History of Education in Md., p. 66.

70 An act of the legislature 1836, ch. 220, sec. i, provided that of
the money received, and to be received from the Federal Govern-
ment, $274,451 should be set aside for the purpose of defraying the
interest on the public debt already created. The residue was to
be deposited with banks, with interest at 5 per cent or more; the
interest accruing was to be distributed among the counties and
Baltimore City for the support of common schools.

77 Debates, vol. i, p. 431.

78 Act 1821, ch. 113. 70 Debates, vol. i, p. 431.

64 The Maryland Constitution of 1851. [442

against betting on elections; and all deposits of wagers on
elections, were to be paid to the treasurer of the Western
Shore for the benefit of the school fund,80 the fines col-
lected from persons violating the oyster laws were also
appropriated to the same purpose/1

On the 25th of February, Mr. Smith, of Allegany county,
chairman of the committee on education submitted a ma-
jority report. The report recommended to the legislature
to establish a permanent and adequate school fund, so
soon as the financial condition of the State should justify
it. The fund was to be securely invested, and remain per-
petually for educational purposes. The legislature was also
to establish a uniform system of public schools through-
out the State. The report also provided for the estab-
lishing of a State Normal School, and for the election
of a state superintendent of public schools.82 The consid-
eration of the committee's report, after several attempts
to have it taken up by the convention, was postponed in-
definitely, and no final action was taken on the subject.

The question of public education was discussed in the
convention when the report of the committee on the legis-
lative department was considered. The original bill as re-
ported by this committee provided that no loans should
be made upon the credit of the State, except such as may
be authorized by an act of the General Assembly passed
at one session; and be confirmed at the next regular ses-
sion of the General Assembly.83 Mr. Constable, of Cecil
county, moved an amendment to this article by inserting
a provision which would authorize the legislature to im-
pose taxes for the establishment of a uniform system of
public schools throughout the State, adequately endowed
to educate every white child within its limits.84 This
amendment was rejected. The extravagance of the legis-

80 Act 1839, ch. 392, sec. 2. 81 Act 1833, ch. 254, sec. 5.

82 Debates, vol. i, p. 339.

83 Debates, vol. i, p. 124; Committee's Report, sec. 21.

84 Debates, vol. i, p. 395.

443] The Convention. 65

lature in granting state aid to works of internal improve-
ment, created a general demand for restriction on the
power of the General Assembly to make appropriations.

The convention adopted a provision which prohibited
the legislature from appropriating public money, or pledg-
ing the State's credit for the use of individuals, associa-
tions, or corporations, " except for purposes of education."
The last clause was an amendment introduced by Mr.
Davis, of Montgomery county, an ardent advocate for a
general system of public education. This amendment of
Mr. Davis was adopted by the convention by a vote of 43
to 24;'° but on the motion of Mr. Thomas, of Frederick
countv, was reconsidered and rejected bv a vote of 39 to

3i.8° '

The opposition to the establishing of a uniform system
of public education within the State, came from Balti-
more City and the larger counties. The cause of the op-
position was due to the very unequal manner in which
the existing school fund was distributed; and because many
of the counties and Baltimore City had ample provisions
for schools under their local systems. Several of the
counties had their own funds specially devoted to educa-
tional purposes. There was a general feeling of disap-
pointment in the convention at the failure to provide for a
uniform system of public schools. One member advocated
a poll-tax. No man, he said, would be so unworthy the
name of an American citizen as to refuse the price of one
day's labor, to maintain public schools.87 It is noteworthy
that the constitutional convention in 1864 provided for a
uniform system of public schools along the line recom-
mended by the committee on education in 185 1.

Petitions were presented to the convention from citi-
zens of thirteen counties, and from Baltimore City, praying
that a provision might be made in the constitution which
would prohibit the legislature from granting the privilege

M Debates, vol. i, p. 425. m Debates, vol. i. p. 433.

81 Debates, vol. ii, p. 808.
31

66 The Maryland Constitution of 1851. [444

to sell intoxicating liquors to any person in any part of the
State, except on the condition that his application to sell
the same was approved by a majority of the voters in the
district where the liquors were to be sold. The petitions
were referred to a special committee; but no report was
made. One member made the proposition that every
member of the convention should join the temperance
society.ss

Mr. Hicks proposed an amendment which would make
it unconstitutional for a member of that convention to ac-
cept any office or an appointment under the constitution
until ten years after its adoption. This amendment was
rejected by a vote of 39 to 32.s9

The convention, after a session of more than six months,
adjourned sine die on the 13th of May, at 1.30 A. M. The
constitution was not adopted as a whole by the convention.
That a majority of the members present at the final session
would have voted for its adoption, is doubtful. The final
adjournment took place rather unexpectedly. The reports
from several committees had not been considered.

There was a general feeling of disappointment through-
out the State with the convention, and a demand for its
adjournment. The last scene was one of confusion and
disorder. A gentleman, who was present at the final ses-
sion, and whom the Baltimore American assures the readers
was an authentic and responsible person, said that there
were some things connected with the constitution of 185 1
which properly belongs to its history, but which would
never appear in the official proceedings as published^ A
few days before the adjournment it was announced by
several of the leading and most influential men of the " re-
form party " that a final vote of acceptance on the con-
stitution as a whole would be taken, when all the parts
were completed and arranged. At this time there were
some eighty or ninety members in attendance. It soon

Debates, vol. ii, p. 605. S9 Debates, vol. i, p. 205.

445] The Convention. 67

became evident that the known objections to certain pro-
visions in the constitution would prevent its acceptance by
the majority of the convention. Finding that the consti-
tution would not be adopted as a whole, an order was
passed that when each separate part of the document
had been passed, the whole should be signed by the presi-
dent and secretary. To further these purposes a day was
set on which all must be finished; whether ready or not
the convention must close. The committee on revision
sat in the senate chamber, and as fast as a defect or omis-
sion was discovered, sent in one of their members to have
it corrected by the convention. The last scene would
have been amusing, had the occasion not been a grave
one. At two in the morning the committee on revision,
headed by its chairman, with an assembly partly excited
and partly asleep, was presenting as the constitution a
bunch of paper only fit to be offered at the counter of a
rag merchant. Some asked for a needle and thread to
stitch the constitution.

Our author concludes as follows : " If the law-loving
and dignified men, who framed the constitution of 1776,
were permitted to revisit the scenes of their former glory,
they would have bowed their heads with shame at the de-
generacy of their posterity." °°

Frequently the convention was unable to transact busi-
ness for want of a quorum. The Baltimore Sun in an edi-
torial May 7, 185 1, said that, "It is clear to every dis-
passionate observer that the people were either remiss in
their selections of men as reformers; were governed in the
matter by party rather than by political considerations, or
were unprepared to appreciate the quality and character
of a bold and searching reform. Instead of a convention
of men acting under an exalted sense of great responsi-
bility, we have seen on the part of many of them a constant
display of factious opposition, originating in sectional in-
terests, and party prejudice."

Baltimore American, May 19, 1851.

CHAPTER III

THE CONSTITUTION

The constitution was submitted to the voters of the
State, June 4, 185 1, and was ratified by a majority of
10,409 votes.1 The eight counties of the Eastern Shore
gave a majority of 1337 for the new constitution. The
counties of Anne Arundel, Charles, Calvert, Kent, Mont-
gomery, Prince George's, Somerset and St. Mary's voted
against its adoption.

The constitution pleased no one; but to many it was an
improvement on the old one, " a thing of shreds and
patches." Of the sixty articles of which the original con-
stitution consisted, twenty-five had been abrogated and
twenty had been so amended as to have retained little of
their original form. Altogether there had been sixty-six
amendments made.

Only twenty-two days intervened between the adjourn-
ment of the convention and the ratification of the consti-
tution. During this time the friends and opponents of
the new constitution kept constantly before the public its
merits and defects.

It has been stated that the people of the State adopted
the constitution of 1851 without a full knowledge of its
provisions. This statement appears to be entirely un-
founded. The text of the constitution was published in
the daily and weekly presses of the State. It was also pub-
lished in pamphlet form. Furthermore it was translated
into German, and published in the daily Deutsche Corre-
spondent, a paper having quite a reputation in its activity
for promulgating the public documents and laws among
the large number of Germans in the State.3

1 See Appendix, p. 86. * Baltimore Sun, May 22, 185 1.

447] The Constitution. 69

Of the one hundred and three members of the conven-
tion, only fifty-five favored the adoption of the constitu-
tion.3 The president of the body, himself, the Hon. John G.
Chapman, a few moments before he declared the conven-
tion adjourned sine die, said, that he had witnessed with
profound regret many of the features embodied in the con-
stitution. That the salutary changes were so few and light
when weighed in the balance against graver and more ob-
jectionable features, that he had no other alternative than
to vote, at the ballot-box, against its ratification.4

While the constitution was before the people for their
consideration, the general tone of public discussion in re-
gard to the work was free from strict party spirit. Two of
the leading Whig papers: the Frederick Herald and the
Hagerstown Torchlight declared in favor of the new consti-
tution. The Democratic papers generally throughout the
State urged its adoption, as well as several of the neutral
county presses. The Cambridge Democrat, the Centerville
Sentinel and the Easton Star wTere also in favor of adopting
the constitution. These papers, while not entirely satisfied
with the instrument, considered it an improvement on the
old one. Other papers, as the Rockville Journal and the
Port Tobacco Times, urged the rejection of the constitution.5
The Baltimore American was very strong in its opposition
to the constitution, while the Baltimore Sun strongly urged
its adoption.

While the discussion on the constitution was free from
party spirit, it was not free from the appeals of the dema-
gogues, who sought to array the poor and the rich in an-
tagonistic positions.6 The provisions of the constitution
relating to the homestead exemption,7 and to the abolish-
ment of imprisonment for debt,8 gave rise to these unjusti-
fiable attacks.

3 Baltimore Sun, May 14, 1851. ' Debates, vol. ii, p. 890.

5 Baltimore Sun, May 23, 1851.

0 Baltimore American, June 2, 1851.

7 See page 78. 8 See page 78.

70 The Maryland Constitution of 1851. [448

The chief objection to the new constitution was the
change introduced in the organization of the judicial sys-
tem of the State. The Baltimore American in an editorial
of June 3, 1 85 1, declared, that "there were many men in
Maryland, who, if they approved of every feature in the
constitution, save that which reorganized the judiciary,
would vote against the constitution on account of that one
insuperable objection."

Other objections to the adoption of the constitution
were placed on less objectionable grounds. An attempt
was made tc show that there would be a period of four
months of anarchy in the State, if the instrument was
adopted. During these four months civil wrongs would
go unredressed; debts uncollected, and crimes unpunished.

The constitution, if adopted, was to go into effect July
4. No election was to be held until November the 5th.
Until the latter date, the new offices created by the new
measure could not be put in operation, while the offices
which were to be abolished were to be discontinued from
the day of its adoption. The county courts, and the Balti-
more City court were abolished. No specific provisions
were made for the continuation of the jurisdiction of these
courts until their successors could be established. The
court of chancery, which was also abolished, was to con-
tinue by a specific provision until two years after the adop-
tion of the constitution.9 Those who opposed the adoption
maintained that the same provision did not apply to the
former courts.10

The framers of the constitution intended that the eighth
section of Article 10 should bridge over the transition
period. This section provided that the governor and all
civil and military officers then holding commissions should
continue in office until they were superseded by their suc-
cessors. Whether the adoption of the constitution would

9 Constitution 1851, art. iv, sec. 22.

10 Baltimore American, May 26, 1851.

449] The Constitution. 71

or would not create an " interregnum " of four to six
months in the administration of justice was a debatable
question. The omission of a definite provision for the
continuation of the courts until their successors could be
established, shows the inability of the majority of the
framers of the constitution, to do the task assigned them.

A contributor to the Baltimore American from Cumber-
land, Md., states that he observed a group of citizens on
the street discussing the constitution. " One said that it
had cost the State $183,000, which, according to the best
calculation he could make, was a little more than $1.50
per word, which, considering the quality of the goods,
made it about the hardest bargain of modern times."11

Other motives than the merit of the constitution in-
fluenced many to vote for its adoption. Its rejection
would have again placed the fundamental law of the State
in the power of the General Assembly. Governor Lowe in
his inaugural address, January 6, 185 1, referring to the
convention then in session said, " Even should no practi-
cal reforms result from the labors of the present conven-
tion, still I regard the value of the principle, now estab-
lished, so great in view of the possible future, as to hold
the expense, inconveniences, and even total failure of this
first attempt, however deplorable, to be entirely of subor-
dinate importance. While, therefore, the people yearn for
the enjoyment of those salutary reforms, which right, jus-
tice, and good policy call for; and although they should
possibly be doomed to meet with a total or partial disap-
pointment of their reasonable hopes, they cannot forget to
console themselves with the knowledge that the great
battle, in fact was fought and won, when the legislature
after a steady resistance of twenty years, finally pro-
mulged, and Maryland by an almost unanimous vote
ratified the doctrine, that the people are not enchained by
the fifty-ninth article of the constitution.12 This is the en-
tering wedge to the future. This is the key to the treas-

11 Baltimore American, June 2, 1851. 12 See ch. i, p. 10.

72 The Maryland Constitution of 1851. [450

ury of popular rights. With this weapon the people will
be resistless, in all future struggles for the extension of
their privileges." 13

On the whole, the constitution of 185 1 was rather a poor
instrument, though there were some salutary reforms
made. A comparative study of the constitution with the
one it superseded reveals some radical changes.

In the Declaration of Rights there were but few changes
made. The addition to the first article, which declared
that the people had at all times, according to the mode
prescribed in the constitution, the inalienable right to
alter, or abolish their form of government in such manner
as they may deem expedient, was a subject of much discus-
sion during the reform agitation, and in the convention.14

The twenty-fourth article of the Declaration of Rights
declared that no conviction should work corruption of
blood, or forfeiture of estate. This was a modification of
the original article, which permitted forfeiture of estate
for murder, and treason against the State, on conviction
and attainder.15 A new article was inserted in the Decla-
ration of Rights, which declared that the legislature ought
to encourage the diffusion of knowledge and virtue, the
promotion of literature, the arts, sciences, agriculture,
commerce, and manufactures, and the general ameliora-
tion of the condition of the people.16

The thirty-fourth article of the Declaration of Rights is
especially worthy of notice, as it permitted Jews and others
to hold office, if they declared their belief in a future state
of rewards and punishments. The constitution of 1776
required in addition to the oath of support and fidelity to
the laws and constitution of the State, a declaration of a
belief in the Christian Religion.17

13 Debates, vol. ii, p. 96. u See ch. ii, p. 26.

15 Dec. of Rights, 1776, art. 24.

16 Compare Cal. Const. 1849, art. x, sec. 2.

17 Dec. of Rights, 1776, art. 35. The latter clause was repealed in
1826, and Jews were given the same privileges as Christians. See
Steiner's Citizenship and Suffrage in Md., p. 33.

451] The Constitution. 73

The first article of the constitution relates to the elective
franchise. Some salutary reforms were made in this with
the view of obtaining the purity of the ballot-box. Il-
legal voting had been a great source of complaint from
both political parties. The right of suffrage required a
residence of twelve months in the State, and six in the
city or county. The act of Congress requiring members
of that body to be elected by single districts throughout
the United States, made it necessary to divide the State
into congressional districts. There was no fixed dura-
tion of residence required in passing from one district to
another within the same county or city. This gave fa-
cility to the perpetration of frauds on the elective franchise
under the system, known as " colonizing voters."

The first attempt to have a registration of voters was
made in 1837. In that year a law was passed to provide
for the registration of the voters in Baltimore City. This
law was considered by many to be unconstitutional, be-
cause it imposed duties upon the citizens of Baltimore City,
which were not common to other citizens of the State. An
unsuccessful attempt was made in the convention of 1850
to provide for a general registration law in the State. It
was not until 1865 that Maryland had such a law.18

The constitution of 185 1 required six months' residence
in the district, and twelve in the State, in order to exer-
cise the right of suffrage. The right to vote was retained
in one district, until the same right was acquired in an-
other. The constitution also provided that a person guilty
of receiving or giving bribes for the purpose of procur-
ing votes, should be forever disqualified to hold any
office of profit or trust, or to vote at any election there-
after. The pardoning power of the governor did not ex-
tend to this offense. All officers before entering upon
their duties were obliged to take an oath that they had not
been guilty of bribery or fraud in any way.10

19 Steiner's Citizenship and Suffrage in Md., p. 47.
19 Art. i, sec. 4.

74 The Maryland Constitution of 1851. [452

The constitution of 185 1 made only slight changes in
the executive department of the State. Prior to 1836 the
governor was elected by joint ballot of both Houses of
the General Assembly. By an amendment to the consti-
tution in that year, the governor was to be elected by pop-
ular vote. The term of office was for three years. The
State was divided into three gubernatorial districts, from
each of which the governor was to be chosen in rotation.

The constitution of 1851 adhered to the system of dis-
tricting the State for the election of the governor. The
counties of the Eastern Shore formed one district. St.
Mary's, Charles, Calvert, Prince George's, Anne Arundel,
Montgomery, and Howard counties, and Baltimore City
formed a second district. Baltimore, Harford, Frederick,
Washington, Allegany, and Carroll counties constituted
the third district. The qualification for the office of gov-
ernor was slightly changed. The requirements were a
five years' residence in the State, and a three years' resi-
dence in the district from which he was elected.

The most important change in the executive department
was the limitation on the governor's appointing power.
Previous to the adoption of the constitution of 185 1, the
governor, with the consent of the Senate, appointed the
chancellor, all judges and justices and all civil officers of
the government (assessors, constables, and overseers of
roads only excepted).20 The governor also appointed the
clerks of the several county courts; the clerks of the court
of appeals, and of Baltimore City court. The register of
the High Court of Chancery, and the registers of wills
throughout the State were also appointed by the gover-
nor.21 This extensive power of appointment, or the " ex-
ecutive patronage " as it was called, was thought to have
an injurious influence upon popular elections, and a grow-
ing tendency to abuse. The constitution of 185 1 provided
for the election of nearly all of these officers by popular

20 Constitution 1776, art. 48. 21 Act 1836, ch. 224, sec. I.

453] The Constitution. 75

vote. A new duty was imposed upon the governor, by
making it obligatory on him to examine semi-annually the
treasury accounts."

In the legislative and judicial departments the changes
made by the constitution were more radical and numerous.
The term of office of state senator was reduced from six
to four years. One-half of the Senate was to be elected
biennially, instead of one-third as formerly. The six-year
term was thought to be so long as to take away, in a meas-
ure, the responsibility of senators to the people, for their
conduct. No change was made in the mode of electing,
nor in the numbers of senators. Each county and Balti-
more City was given one senator.23 For the first time in
the history of the State, representation in the House of
Delegates was based on the aggregate population.24 This
principle extended only to the representation of the coun-
ties. Baltimore City was limited to four more delegates
than the largest county. Baltimore county was the most
populous county in the State. Its population in 1850, in-
cluding free black and slaves, was 41,589. The popula-
tion of Baltimore City was 169,012, a difference of 127,-
423."

The duty imposed upon the legislature to appoint two
commissioners to revise and codify the laws of the State
deserves to be noticed. There had long been need of a
proper codification. Several attempts had been made, but
without success.

Another salutary change in the constitution was the
provision that no bill should become a law unless it was
passed in each House by a majority of the whole number
of members elected, and unless, at its final passage, the ayes
and noes were recorded.26 Formerly a great number of
laws were passed by the silent assent of many of the mem-
bers of the legislature. No vote being recorded, the mem-

22 Art. ii, sec. 17. 23 Art. iii, sec. 2.

24 See ch. i, p. 17.

25 U. S. Census; Debates, vol. i, p. 287.
20 Constitution 1851, art. iii, sec. 19.

76 The Maryland Constitution of 1851. [454

bers of the General Assembly were enabled to escape from
the responsibilty of injurious legislation.

The constitution of 1776 permitted the Senate to give
only their assent or dissent to all money bills. This re-
striction was removed by the constitution of 185 1.

In Maryland until 1841 divorces were granted by the
legislature, and no court had power to grant them. By
an Act of 1841, ch. 262, for the first time, jurisdiction over
applications for divorce was conferred upon equity courts.
But it was held that this did not divest the legislature of
its power to grant divorces.27 The constitution of 1851
gave the equity courts the exclusive power to grant di-
vorces. This change was made on the ground that it
consumed too much of the legislature's time, and because
it is properly a judicial act. The legislature in 1849, it
was said, granted twenty-one divorces, and that gener-
ally upon ex-parte testimony.28

The constitution of 185 1 prohibited the legislature from
contracting debts, unless authorized by a law providing
for the collection of an annual tax sufficient to pay the in-
terest of the debt contracted, and to discharge the debt
within fifteen years. The amount of debt contracted
should never exceed one hundred thousand dollars. The
credit of the State was not to be given in aid of any indi-
vidual, association, or corporation. The General Assembly
was prohibited from involving the State in the construc-
tion of works of internal improvement, or making appro-
priations to works of like character.29

The office of attorney-general was abolished. Judge
Chambers, of Kent county, one of the delegates to the
convention of 1850, fourteen years later said that the
reason for the abolition of this office was purely from per-
sonal considerations, having relation to an individual,

See Wright's Case, 2 Md. 429.
Debates, vol. i, p. 247.
Const. 1851, art. iii, sec. 22.

455] The Constitution. 77

who, it was supposed was going to obtain the office.30 The
evidence for this assertion does not appear in the debates
of the convention. The office was abolished by a vote of
45 to 14. Mr. Chambers himself voted for its abolish-
ment.31

The office of attorney-general was created by the con-
stitution of 1776. The attorney-general was appointed by
the governor, with a tenure of office during good behavior.
The duties of the attorney-general were left undefined.
In 1816 the legislature abolished this office.32 But in the
succeeding session, a law was passed re-establishing the
office, and defining its duties. In 1821 the duties of at-
torney-general were further defined. He was required to
prosecute and defend on the part of the State all cases
wherein the State was interested. He was required to
give legal advice whenever the General Assembly, or the
governor required it. He had also authority to appoint
deputies in each county and in Baltimore City to aid him
in the execution of his duties. Neither the attorney-gen-
eral, nor his deputies received a fixed salary, but were
paid for their services in fees. These fees were paid by
the county or city where the services were rendered.

The objections to the continuation of this office arose
from the manner in which the attorney-general was ap-
pointed, the tenure of office, and the extensive patronage
in appointing his deputies.

The method of paying the attorney-general, and his
deputies in fees was also objected to on the ground of
affording greater remuneration than was necessary. It
was estimated that the fees of the attorney-general
amounted to $9000 per annum. In addition to this sum
the State was paying on the average $1700 yearly to others
than the attorney-general and his deputies, for legal

80 Myers, The Md. Const. 1864, p. 72; J. H. U. Studies, vol. 19.

31 Debates, vol. i, p. 549.

82 Act 1816, ch. 247, confirmed by Act 1817, ch. 269.

78 The Maryland Constitution of 1851. [456

services.33 The great majority of the convention consid-
ered the office unnecessary, and desired its abolishment.

In place of the attorney-general the constitution of 1851
created the office of " State's Attorney." One state's at-
torney was to be elected by popular vote in each county
and in the city of Baltimore. The duties of the state's at-
torneys were defined as being the same as that of attorney-
general and his deputies, whom they superseded. The
term of office was fixed at four years. The salary was to
be paid in fees.34

The prohibition against imprisonment for debt was a
progressive step, though at the time it called forth adverse
criticism. The Baltimore American in an editorial of June
4, 1851, said that: "The abolishment of imprisonment for
debt discharged not merely the innocent bankrupt, but the
swindler and the whole family of knaves. It paralyzed the
arm of the law, because its processes are of no other avail
than to give notice to the debtor that he may escape with
his means if he will. Its tendency is to destroy the credit
of the poor man, because it offers a temptation to defraud
those on whom his credit must depend." The clause abol-
ishing imprisonment for debt was introduced in the con-
vention by Mr. Presstman, of Baltimore City, and was
passed by a vote of 60 to 5.3S

The homestead exemption clause of the constitution was
objected to on the ground of depreciating the value of the
large capital invested in tenements.30 The amount that
could be exempted from execution for debt was five hun-
dred dollars."

The legislature was prohibited to authorize the issue of
any lottery grants. The same restriction was placed upon
the legislature by a constitutional amendment in 1839."*
Until the expiration of the lottery grants in the State, one

Debates, vol. i, p. 535. u Const. 1851, art. v.

Debates, vol. i, p. 448.

Baltimore American, May 31, 1851.

Const. 1851, art. iii, sec. 39.

Act 1839, ch. 31. Confirmed, Act 1840, ch. 261.

457] The Constitution. 70

commissioner of lotteries was to be elected by popular
vote. After the first day of April, 1859, no lottery schemes
could be operated, nor any lottery ticket sold within the
State.30

A new feature in the constitution of 185 1 was the pro-
vision for a general corporation law, and the prohibition
against the chartering of a corporation by special act;
except for municipal purposes, and in cases where, in the
judgment of the legislature, the object of the corporation
could not be attained under general laws.40 The old sys-
tem of chartering corporations by special act gave greater
facility for corruption, and consumed much of the limited
time of the legislature.

The liability clause of the constitution relative to banks,
prohibited the legislature from granting thereafter any
charter for banking purposes, or to renew any charter, ex-
cept on the condition that the stockholders and directors
of the bank should be liable to the amount of their respect-
ive shares of stock. A further restriction upon the char-
tering of banks was that no director or other officer of a
bank should borrow any money from that particular
bank.41

There was considerable opposition to this liability clause.
It was claimed that the effect of the restrictions on the
banks, and the double liability of the stockholders would
seriously cripple the State's industrial activities.'2 The lia-
bility clause as originally introduced in the convention by
Mr. Sollers, of Calvert county, made the stockholders and
directors responsible in their individual capacities for the
full amount of the bank's liabilities. Mr. Sollers also made
it a penitentiary offence, and the forfeiture of a bank's
charter forever, for the officers of a bank to have any
dealings with the bank with which they were connected,
except in the matter of salaries.43

3fl Const. 1851, art. vii, sec. 5.

40 Art. iii, sec. 47; Act 1852, ch. 23.

a Art. iii, sec. 45. 42 Baltimore American, May 17, 1851.

iS Debates, vol. ii, p. 761.

80 The Maryland Constitution of 1851. [458

The change in the judicial department was the cause oi
much opposition to the adoption of the constitution.44 The
jury was declared to be the judges of law as well as fact
in the trial of all criminal cases.45 All judges were to be
elected by popular vote for a term of ten years. The sal-
ary of the judges of the court of appeals was fixed at
twenty-five hundred dollars per year, and that of the cir-
cuit judges at two thousand. The State was divided into
four, instead of six, judicial districts. The number of
judges in each district was reduced from three to one.46
The court of appeals was composed of four judges; one of
whom was elected from each of the four judicial districts.
The chief judge was to be designated by the governor.
The court of appeals had appellate jurisdiction only, and
its judgment was final in all cases.

In Baltimore City there was established a court of com-
mon pleas, which had civil jurisdiction in all suits where
the debt or damage claimed did not exceed five hundred
dollars ; and was not less than one hundred dollars. This
court had also jurisdiction in all cases of appeal from the
judgment of justices of the peace in Baltimore City, and
in all applications for the benefit of the insolvent laws of
the State.47 A superior court of Baltimore City was also
established with jurisdiction over all suits where the debt
or damage claimed exceeded five hundred dollars. Each
of these courts consisted of one judge, elected by the voters
of Baltimore City, for a term of ten years. The salary of
the judges was twenty-five hundred dollars annually.48 A
criminal court of Baltimore City was also established,
which exercised the jurisdiction heretofore exercised by
the Baltimore City court.49 In place of the county courts,
the constitution of 185 1 established circuit courts. For
this purpose, the State was divided into eight judicial cir-
cuits. For each of these judicial circuits (except the fifth,

44 Baltimore American. June 3, 1851. 45 Art. x, sec. 5.

48 Art. iv, sec. 7. 47 Art. iv, sec. 10.

48 Art. iv, sec. 12. 49 Art. iv, sec. 13.

459] The Constitution. 81

which included only Baltimore City, whose courts are
described above), one judge was to be elected. The cir-
cuit judges were required to hold a term of court at least
twice a year in each county.50 The object in thus reorgan-
izing the courts was to reduce the number of judges, and
thereby decrease the cost of the judiciary. The qualifi-
cations for judges were: that, they must be learned in the
law, having been admitted to practice in the State, and
citizens of the State at least five years. They must be
above the age of thirty years, and residents of the dis-
tricts from which they were elected. A judge of the court
of appeals was re-eligible until he attained the age of sev-
enty years, and not after.51 He was subject to removal for
incompetency, wilful neglect of duty or misbehavior in
office, on conviction in a court of law, or by the governor
upon the address of two-thirds of the members of each
House of the General Assembly.

The treasury department of the State was remodeled.
The constitution provided for a comptroller of the treas-
ury. This was a new officer designed to be a check upon
the treasurer. The comptroller was to be elected by the
people at each election of members of the House of Dele-
gates (i. e. every two years). His salary was twenty-five
hundred dollars per annum. The treasurer was to be
elected on joint ballot, by the two Houses of the General
Assembly at each session. The salary was the same as
the comptroller received. The duties of the comptroller
were: to have the general superintendence of the fiscal
affairs of the State. He must grant all warrants for money
to be paid out of the treasury, and make a report of the
financial condition of the State's treasury within ten days
after the commencement of each session of the legislature.52

The treasurer was required to render his account quar-
terly to the comptroller, and submit at all times to an in-

00 Art. iv, sec. 8.

51 Art. iv, sec. 4. 52 Art. vi, sec. 2.

82 The Maryland Constitution of 1851. [460

spection of the public funds in his hands. This plan of
giving authority to the comptroller from one source; and
to the treasurer from another, was to make them, in a
measure, independent of each other, and thereby lessen
the danger of collusion.

The constitution of 1851 provided for the establishment
of an office of " Commissioners of Public Works." Such
an office had been long deemed a necessity, but no provi-
sion had been made for its establishment. The control of
the State over works of internal improvement had been ex-
ercised previously by a board of directors, appointed by
the General Assembly. An act of the legislature in 1832
required the governor, with the consent of the council, to
appoint three agents to represent the State at the meetings
of the stockholders of all joint stock companies " incorpo-
rated to make roads and canals, and vote according to the
interest of the State." 53

In 1840 the number of the board of directors for the
State was increased to five. The power of appointment
was taken from the governor, and given to the General
Assembly. The directors were required to keep a journal
of the proceedings of the stockholders in their general
meetings, and report the same to the legislature.54 It will
be noticed that these commissioners were appointed to
represent the State as one of the stockholders, and to cast
the vote of the State in proportion to the amount of stock
held by the State.

The office of commissioners of public works as estab-
lished by the constitution of 185 1, consisted of four mem-
bers, who were elected by popular vote for a term of four
years. One of the commissioners was to be taken from
each of the four districts into which the State was to b
divided for that purpose. The first district included the
counties of Allegany, Washington, Frederick, Carroll, Bal-
timore and Harford. The counties of Montgomery, How-

05 Act 1832, ch. 318. "Act 1840, ch. 155.

461] The Constitution. 83

ard, Anne Arundel, Calvert, St. Mary's, Charles and Prince
George's formed the second district. Baltimore City con-
stituted the third district, and the eight counties of the
Eastern Shore the fourth. A residence of five years in the
district from which the commissioner was chosen was re-
quired to be eligible to this office. The commissioners'
duties were, to have supervision over all public works in
which the State was interested as stockholder or creditor.

The commissioners were also given authority to regu-
late the " tolls " so as to prevent injurious competition.
In case of an equal division of opinion among the commis-
sioners, the State's treasurer had the final decision." It
will be noticed that the districts were so arranged as to
place the sections of the State with similar interest in the
same district.

County commissioners were to be elected directly by the
people. These officers were previously appointed by the
governor. The election must be by a " general ticket,"
and not by district. The powers of the county commis-
sioners were strictly limited by the legislature. Road su-
pervisors were also to be elected by popular vote, as well
as the county surveyors. The county of Worcester was
required to elect a wreck master. Every commonwealth
officer, with the exception of the governor, whose yearly
income exceeded three thousand dollars was required to
keep a record of all money he received, and to report the
same to the treasurer annually. The excess over three
thousand dollars was to be paid in to the state treasury.
This provision was intended to prevent the enormous sala-
ries received by some of the public officers in fees. It was
said that the clerk of the Baltimore county court received
fifteen thousand dollars annually in fees. Howard dis-
trict, a part of Anne Arundel county, was erected into a
county called Howard. A provision was also made for
the erection of another county out of part of Allegany
county/8

B Art. vii. 50 Art. viii, sec. 2.

84 The Maryland Constitution of 1851. [462

The constitution of 185 1 provided for its own amend-
ment by a convention elected expressly for that purpose.
The legislature was required at its first session imme-
diately succeeding the returns of every census of the
United States, to pass a law for ascertaining the wishes of
the people of the State in regard to the call of a convention
for the purpose of amending the constitution. This was
not done until February 3, 1864.51 The constitution went
into effect July 4, 185 1. It remained in force until 1864,
and is remarkable for its extremely democratic features.
All state officials from the governor to the constable were
to be elected by popular vote. This provision was a reac-
tion against the very conservative and aristocratic character
of the constitution of 1776.

BT Act 1864, ch. s-

APPENDIX

Vote for the Call of the Convention of 1850.

a a , . FOR- against.

Anne Arundel gIS 2g

Allegany II44 "

Baltimore 1682 144

Baltimore City 8o6o 3?6

^ecilr 1342 365

Caroline 277 140

Charles 90 199

Carroll 6q5 It-4

Calvert58 M

Dorchester 251 399

Frederick 2793 I53

Harford 881 149

Kent

323 234

Montgomery 426 186

Prince George's 162 325

Queen Anne's 489 328

Somerset 356 350

Saint Mary's 129 361

Talbot 393 279

Washington 2646 184

Worcester 460 279

23423 4935

The official count declared a majority of 18,833 for the conven-
tion.

58 Returns not given.

86 The Maryland Constitution of 1851. [464

Vote on the Adoption of Constitution of 1851.

Anne Arundel

Allegany

Baltimore

Baltimore City

Cecil

Caroline

Charles

Carroll

Calvert

Dorchester

Frederick

Harford

Kent

Montgomery

Prince George's

Queen Anne's

Somerset

St. Mary's

Talbot

Washington

Worcester

29,025 18,616

Majority for constitution, 10,409.

FOR.

AGAINST.

948

1113

1333

703

2122

849

94l6

5830

1378

638

372

340

l6o

427

1473

1094

174

333

511

488

3179

943

1 135

875

384

443

569

717

207

656

627

517

592

633

165

533

6l8

340

2913

688

749

456

THE POLITICAL ACTIVITIES OF
PHILIP FRENEAU

Series XX Nos. 9-10

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1 882-1901 by H. B. ADAMS.)

J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

THE POLITICAL ACTIVITIES OF
PHILIP FRENEAU

BY
SAMUEL E. FORMAN, Ph. D.

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY

SEPTEMBER-OCTOBER, 1902

£#e £ovt> Q0aftttnore (preee

THE FRIEDENWALD COMPANY
BALTIMORE, MD.

PREFACE

In this sketch of Philip Freneau I have tried to bring-
out in its proper proportion the public side of the man's
career. There have appeared several accounts of Freneau
as a poet, and these are appreciative and just. But as a
politician and publicist Freneau has not received the atten-
tion which he deserves. Historians have been content to
bestow upon him a contemptuous phrase and let him pass.
He is a " reptile journalist," a " barking cur," a " low edi-
tor," a " democratic scribbler." Such treatment is unfair
to the memory of Freneau and is not good history. Any
one who will take the trouble to get at the facts of Fre-
neau's life will find that he deserves the gratitude of pos-
terity, not its contempt. It was a long and stormy life
and it was lived for human rights and human freedom.

In the prosecution of my work I have been greatly as-
sisted by the Librarians of the New York Historical So-
ciety and of the Pennsylvania Historical Society, and to
these gentlemen my thanks are due. I am also indebted
to the late Professor H. B. Adams and to Dr. J. M. Vin-
cent, of the Johns Hopkins University, for valuable sug-
gestions.

S. E. Forman.

CONTENTS

PAGE

CHAPTER I
Youth and Early Manhood 9

CHAPTER II
The Poet of the Revolution 20

CHAPTER III
The Democratic Editor 35

CHAPTER IV
The Poet of the War of 1812 80

CHAPTER V

Conclusion 97

Bibliography 103

THE POLITICAL ACTIVITIES OF
PHILIP FRENEAU

CHAPTER I

YOUTH AND EARLY MANHOOD

Philip Freneau was born of Huguenot parentage in the
city of New York, January 13, 1752. His father died
when Philip was but a child. His mother upon the death
of her husband removed from New York to New Jersey,
and with her four children established herself upon the
Freneau estate of Mount Pleasant, a settlement just out-
side of Middletown Point (now Mattawan) in Monmouth
county. Philip was given into the hands of good tutors
and proved to be a diligent pupil. One of his teachers
was the Rev. William Tennant, a divine whose name is
still held in blessed memory in Monmouth county. Dr.
Tennant was acting president of Princeton College when
Freneau entered that institution as a Freshman in 1767.1
The youth was so well prepared that the president wrote
a note to Mrs. Freneau congratulating her upon her son's
superior acquirements.2 Philip remained at Princeton Col-
lege for four years, and during that period his future career
was largely determined. The college was a hot-bed of
whiggism.3 Teachers and students joined in resisting the

1 Hageman's History of the College of New Jersey.

2 Griswold's Poets of America, p. 31.

3 " Several years before a speck of war against the mother
country could be discovered, an electric spark of patriotic fire
was struck in Princeton which betokened the flame that afterward
lighted up New Jersey. James Madison in 1770 wrote to Thomas

10 The Political Activities of Philip Freneau. [474

pretensions and aggressions of England. The president,
John Witherspoon, was one of the signers of the Declara-
tion of Independence. Among the students in whose
minds rebellion was germinating were Henry Lee, Hugh
Brackenridge, Samuel Spring, William Bradford, Aaron
Burr, Frederick Frelinghuysen and James Madison.4
With these great spirits Freneau mingled freely. James
Madison was his classmate, while Brackenridge, Madison
and Freneau formed a friendship which remained firm not
only during their college career, but which was dissolved
in after years only by death. " These three," says Gris-
wold, " were all gifted with satirical powers which they
were fond of displaying as frequently as there were occa-
sions. They joined in lampooning not only the leaders of
adverse parties in college, but also those prominent public
characters who opposed the growing enthusiasm of the
people for liberty. I have before me a considerable manu-
script volume of personal and political satires written by
them in about equal proportions." 5 Freneau and Bracken-
ridge tried their hands at verse as well. In the attempt
Brackenridge discovered what he could not do, although
vanity constrained him to an occasional indulgence in bad
verse all his life. Freneau's sophomoric pen, on the other
hand, moved easily and gracefully and turned off lines that
sometimes sparkled with the light of genius. Some of
these youthful pieces were included by Freneau in an edi-
tion of his poems published in after years. Most of them
are of no consequence, yet they show that Freneau's na-
tive talent for verse writing: was verv strong:.

Martin: 'We have no news but the base conduct of the merchants
in breaking through the spirited resolutions not to import. The
letters to the merchants regarding their concurrence were lately
burned by the students of this place in the college yard, all of
them appearing in black gowns and the bell tolling. There are
about 115 in the college grammar school, all of them in American
cloth.' " Princeton and its Institutions, vol. i, p. 101.

4 MacLean's History of the College of New Jersey.

6 Poets of America, p. 14.

4?5] Youth and Early Manhood. 11

Freneau was graduated in distinguished company in
1 77 1. It is doubtful whether Princeton College has ever
sent out a class that contained a larger per cent of cele-
brated men. Of the eight who then took their degrees,
six achieved fame and high position in church, in state, in
letters, and in science,0 yet neither Freneau nor Madison,
apparently, took any of the prizes. In the records of the
college there is an account of the commencement exercises
of 1771, and the sixth and seventh items of the programme
are as follows :

6. An English forensic dispute on the question: Does
Ancient poetry excel Modern? Mr. Freneau the respond-
ent, being necessarily absent, his argument in favor of the
ancients was read. Mr. Williamson answered him; Mr.
McKnight replied.

7. A poem on " The Rising Glory of America " by Mr.
Brackenridge, was received with great applause.7

A little further down in the account we find that Mr.
Madison was also excused from attending the exercises.
One would like to know where those two young gentle-
men were upon this important occasion. Freneau ought
certainly to have been present for he was the largest con-
tributor to the entertainment. In addition to his speech
on the poetry of the ancients, he was the principal author
of the poem that was read by Mr. Brackenridge and that
gained such hearty applause. There can be no doubt that
this poem was for the most part composed by Freneau, for
Brackenridge himself has told us that such was the case.8

a The members were: 1. Gunning Bedford, Member of Conti-
nental Congress and of the Constitutional Convention of I7§7-
2. John Black. 3. H. H. Brackenridge, Judge of the Supreme
Court of Pennsylvania and eminent in literature. 4. Donald Camp-
bell. 5. Philip Freneau. 6. Charles McKnight, the most dis-
tinguished surgeon of his day. 7. James Madison, President of
the United States. 8. Samuel Spring, a celebrated divine.

7MacLean's History of College of. New Jersey, vol. i, p. 3^3- f
8 Southern Literary Messenger, vol. viii, p. 2; also Hildeburn's
Issue of the Press of Pennsylvania, vol. ii, p. 148.

12 The Political Activities of Philip Freneau. [476

The poem was to have been a joint production, but Brack-
enridge, recognizing the slowness and heaviness of his
own lines when compared with the graceful and sponta-
neous verses of Freneau, wrote but a very small part, be-
ing content to deliver it from the platform and to leave the
honors of authorship to his friend.

In this commencement ode, " The Rising Glory of
America," Freneau strikes the key-note of his life — resist-
ance to Great Britain. The Massacre at Boston, March
5, 1770, is thus glanced at:

Nor shall these angry tumults here subside.
Nor murders cease through all these provinces,
Till foreign crozvns have vanished from our view
And dazzle here no more — no more presume
To own the spirit of fair liberty.
Vengeance shall cut the thread, and Britain sure
Will curse her fatal obstinacy.

The following is a clever bit of prophecy for a boy of
nineteen; we find in it a constant and favorite theme of the
poet — the greatness of America:

I see, I see
Freedom's established reign, cities and men,
Numerous as sands upon the ocean shore,
An Empire rising where the sun descends!
The Ohio soon shall glide by many a town
Of note; and where the Mississippi stream,
By forests shaded, now runs sweeping on
Nations shall grow, and States not less in fame
Than Greece and Rome of old. We too shall boast
Our Scipios, Solons, Catos, sages, chiefs
That in the womb of time yet dormant lie,
Waiting the joyous hour of life and light.

Freneau left college in September, 1771, with his mind
full of epics and his heart full of liberty and hatred for
oppression. He went to Philadelphia and pretended to
read law, but probably he neglected his Blackstone for the
society of wits, for he fell in with the whig leaders of the
place and established a reputation as an exceedingly clever
young scape-grace. It was while in Philadelphia in 1772

477] Youth and Early Manhood. 13

that he first saw himself in print. In that year the vale-
dictory ode came out in pamphlet form. The charms of
authorship seem to have allured him from serious study,
for he soon abandoned law altogether. In the spring of
1772 he left Philadelphia and undertook to teach a school
on Long Island but failed miserably. In the autumn of
the same year we find him assisting his classmate Brack-
enridge in the management of an academy on the " East-
ern Shore " of Maryland. The following letter to James
Madison, besides giving his experience as teacher, shows
how restless and aimless was his early manhood:

Somerset county in Maryland,

November 22, 1772.
Sir,

If I am not wrongly informed by my memory, I have
not seen you since last April, you may recollect I was then
undertaking a School at Flatbush on Long Island. I con-
tinued in it thirteen days — but —

Long Island have I bid adieu,

With all its brutish brainless crew.

The youth of that detested place,

Are void of reason and of grace,

From Flatbush hills to Flatbush plains,

Deep ignorance unrivalled reigns.

I am very poetical but excuse it. " Si fama non venit
ad aures," if you have not heard the rumor of this story
(which, by the by, is told in various taverns and eating
houses) you must allow me to be a little prolix with it.
Those who employed me were some gentlemen from New
York, some of them are bullies, some merchants, others
scoundrels: They sent me eight children, the eldest of
whom was 10 years old. Some could read, others spell
and a few stammer over a chapter of the Bible — these were
my pupils and over these I was to preside. My salary
moreover was £40. There is something else relating to
that I shall not at present mention. After I forsook them

14 The Political Activities of Philip Freneau. [478

they proscribed me for four days and swore if I was caught
in New York they would either Trounce or Maim me:
but luckily I escaped with my goods to Princeton — where
I remained till commencement — so much for this affair.

I have printed a poem in New York called the American
Village, containing about 450 Lines, also a few short pieces
added; I would send you one if I had a proper opportu-
nity. The additional poems are — A Poem to the Nymph
I Never Saw — The Miserable Life of a Pedagogue — and
Stanzas on an ancient Dutch House on Long Island — As
to the main poem it is damned by all good and judicious
judges. My name is on the title page. This is called
vanity by some — but " who so fond as youthful bards of
fame?"

I arrived at this Somerset Academy the 18th of Oc-
tober and intend to remain here till next October. I am
assistant to Mr. Brackenridge. This is the last time I
shall enter into such a business; it worries me to death and
by no means suits my " giddy, wandering brain."

I would go over for the gown this time two years, but
the old hag Necessity has got such a prodigious grip of
me that I fear I shall never be able to accomplish it. I
believe if I cannot make this out I must turn quack, and
indeed I am now reading Physic at my leisure hours, that
is, when I am neither sleeping, hearing classes, or writing
poetry — for these three take up all my time.

It is now late at night; not an hour ago I finished a little
poem of about 400 lines, entitled a Journey to Maryland —
being the sum of my adventures — it begins —

From that famed town where Hudson's flood
Unites with Streams perhaps as good;
Muse has your bard begun to roam —

and I intend to write a terrible satire upon certain vicious
persons of quality in New York — who have also used me
ill — and print it next fall. It shall contain 5 or 600 lines.
Sometimes I write pastorals to show my wit.

479] Youth and Early Manhood. 15

Deep to the woods I sing a Shepherd's care,
Deep to the woods . . .9 call me there,
The last retreat of Love and Verse I go,
Verse made me mad at first — and will keep me so.

I should have been glad to have heard from you before
now; while I was in college I had but a short participa-
tion of your agreeable friendship, and the few persons I
converse with and yet fewer whose conversation I delight
in, make me regret the loss of it. I have met a variety of
rebuffs this year, which I forbear to mention. I look like
an unmeaning Teague just turned out of the hold of an
Irish Ship. Coming down hither I met with a rare ad-
venture at Annapolis. I was destitute of even a brass
farthing. I got clear very handsomely. Could one ex-
pect ever to see you again, if I travel through Virginia, I
shall stop and talk with you a day or two. I should be
very glad to receive a letter from you if it can be conve-
niently forwarded.

In short " Non sum qualis eram " as Partridge says in
Tom Jones. My hair has grown like a mop, and I have a
huge tuft of beard directly upon my chin. I want but five
weeks of twenty-one years of age and already feel stiff with
age. We have about 30 students in this academy who prey
upon me like Leeches.

" When shall I quit this whimpering pack,
And hide my head in Accomack? "
Shall I leave them and go
Where Pokomokes long stream meandering flows —

Excuse this prodigious scrawl without style or sense.
I send this by Mr. Luther Martin who will forward it to
Col. Lee — and he to you I hope. Mr. Martin lives in Ac-
comack in Virginia this side the bay.

Farewell and be persuaded I remain your truly humble
servant and friend,

PH. F-R-E-N-E-A-U-10

9 Illegible.

10 Manuscript in the Archives of the Department of State at
Washington.

16 The Political Activities of Philip Freneau. [480

This letter keeps us informed of Freneau's doings as far
as the autumn of 1773, after which time we lose sight of
him for a year or two. It is impossible to say where he
was or what he was doing immediately after leaving Mary-
land, although we may confidently assume that on all
occasions and in all places he did pretty much as he
pleased. When we next meet with him he is in New York,
the hot-bed of toryism, lampooning the tories. In 1775
we find him paying his respects in the columns of Hugh
Gaine's n " Mercury " to General Gage, who had proclaimed
in June of that year that the provinces were in a state of
rebellion and out of the King's protection. Freneau pro-
fessed, as rebels are wont to profess, to be deeply injured
by the epithet " rebel."

" Rebels you are " — the British Champion cries;
Truth, stand thou forth and tell the wretch he lies.
Rebels! and see this mock imperial lord
Already threats these rebels with a Cord!

Americans! at Freedom's fane adore!
But trust to Britain and her flag no more.
The generous genius of their isle has fled
And left a mere impostor in his stead.

To Arms! To Arms! and let the Murdering Sword

Decide who best deserves the hang-man's cord.

Nor think the hills of Canada too bleak

When desperate freedom is the prize you seek.

For that the call of honor bids you go

O'er frozen lakes and mountains wrapped in snow.

Haste! to your tents, in iron fetters bring
Those slaves that serve a tyrant and a king.
So just, so virtuous is your cause, I say
Hell must prevail if Britain gains the day.12

11 Hugh Gaine, an Irishman, was the editor of the New York
Mercury. His journal was edited in the interest of the whig party
until the British troops approached New York in 1776. Then he
went over to the royal cause. His double course is severely
criticised by Freneau in his poem entitled: "The Political Biog-
raphy of Hugh Gaine."

12 The poem from which those lines are taken is addressed " To
The Americans, on the rumored approach of the Hessian forces."

481] Youth and Early Manhood. IT

Thus the young man, without the slightest hesitation,
and without any authority or responsibility, declares in
the most fervid language for American Independence and
proclaims a war upon England a twelve-month before
Jefferson drew up the famous Declaration of the Fourth of
July, 1776. In truth, such daring lines as these quick-
ened the minds of the colonists and did much to create
the sentiment which made the Declaration of Independence
a plausible thing. To strong and brave minds, to the
Henrys, and Otises and Hancocks, the only solution of
the difficulties with the mother country was to be found in
the absolute severance of all political ties. In this opin-
ion Freneau shared to the fullest extent. In the year 1775
the opinion-makers of the Revolution were exceedingly
busy and none were more active than the young poet. In
verse, sometimes good, more frequently bad, always bold
and always effective, he held up for the detestation of man-
kind, General Gage, Lord North, King George the Third,
and the royal Governors, wherever he could find them.
One of the shortest of these poems will serve to show how
the cutting and slashing of the pen preceded the cutting
and slashing of the sword, and how telling was Freneau's
work as a precursor of a great movement. The poem is
given entire.

EMANCIPATION FROM BRITISH DEPENDENCE.

Libera nos, Domine, Deliver us, O Lord,

Not only from British Dependence but also —

From a junto that labor for absolute power.
Where schemes disappointed have made them look sour.
From the lords of the council who fought against freedom
Who still follow on where delusion shall lead them,

From a group at St. James that slight our petitions,
And fools that are waiting for further submissions,
From a nation whose manners are rough and abrupt,
From scoundrels and rascals whom gold can corrupt,
34

18 The Political Activities of Philip Freneau. [482

From pirates sent out by command of the king
To murder and plunder but never to swing,
From Wallace and Graves and Vipers and Roses 13
Whom, if Heaven pleases we will give bloody noses,

From the valliant Dunmore with his crew of banditti,
Who plunder Virginians at Williamsburg city,
From hot-headed Montague mighty to swear,
The little fat man, with his pretty white hair,

From bishops in Britain, who butchers are grown,
From slaves that would die for a smile of the throne,
From assemblies that vote against Congress proceedings, -
(Who have seen the fruit of their stupid misleadings),

From Tyron,14 the mighty, who flies from our city,
And 'swelled with importance disdains the committee;
(But since he is pleased to proclaim us his foes,
What the devil care we where the devil he goes);

From the caitiff Lord North, who would bind us in chains,
From our noble King Log, with his tooth-full of brains,
Who dreams and is certain (when taking a nap)
He has conquered our lands, as they lay on his map,

From a Kingdom that bullies and hectors and swears,
I send up to heaven my wishes and prayers,
That we disunited, may freemen be still,
And Britain go on — to be damn'd if she will.

The young verse-maker was sure as to the course to be
pursued by America, but he was not sure as to the prob-
lem that confronted his individual life. The poetry in his
nerves unbalanced him and weakened his purposes. His
property in New Jersey was neglected, and gradually be-
gan to slip from his hands. The young patriot followed
his instinct — often a surer guide than reason — and aban-
doned himself to verse-making. The muse he chose was
satire. The troublous times, he said, admitted of no other
choice.

In doing this Freneau was building better than he knew.
The pieces which he sent to the press every week were

13 " Wallace and Graves," British naval officers. " Vipers " and
" Roses," the names of two ships in the English service.

14 The last royal governor of New York.

483] Youth and Early Manhood. 19

rarely ineffectual. They made the tories wince and they
inspired the whigs with hope and courage. They brought
him no money, yet they did better than this. They ren-
dered the country an important service, and they brought
their author lasting fame : they made him the " Poet of the
Revolution."

CHAPTER II

THE POET OF THE REVOLUTION

In 1776, Freneau left New York and its tory citizens to
their own devices and embarked upon a vessel bound for
the Danish West Indies. According to one account he
sailed as the agent of a New York trading firm; another
account states that he shipped as a common sailor and
worked his way up to the post of captain.1 It is certain
that he learned the art of navigation and that he soon be-
came the master of a ship. From this time on we shall
find him a rover, now upon the sea, now upon the land;
now a captain, now an editor, but always a poet, writing
for the American cause.

His first voyage was to the Virgin Islands, where he
seems to have remained for some time. He fell in love
with the natural beauties of the southern isles, and con-
ceived a disgust for their institutions. Slavery was always
an abomination in his eyes. The mild form of northern
servitude was distasteful to him, but the degraded condi-
tion of the West Indian slave awakened the warmest indig-
nation in his generous mind. In a poem descriptive of the
island of Santa Cruz, he expresses in sorrowful strain his
repugnance to the ugly form of human bondage found
there. " It casts," he says in a preface to this poem, " a
shade over the native charms of the country; it blots out
the beauty of the eternal spring which Providence has
there ordained to reign; and amidst all the profusions of
beauties which nature has scattered — the brightness of the
heavens, the mildness of the air, and the luxuriance of the
vegetable kingdom — it leaves me melancholy and discon-

1 American Magazine of History, vol. xvii, p. 124.

485] The Poet of the Revolution. 21

solate. Thus the earth which, were it not for the lust of
pride and dominion, might be an earthly paradise, is, by
the ambition and overbearing nature of mankind, rendered
an eternal scene of desolation, woe, and horror: the weak
go to the wall while the strong prevail." '

This hatred of slavery was not an evanescent passion of
youth doomed through the hardening processes of years
to die; it was a settled principle of his life and conduct.
In another poem, written in middle life, he thus holds up
the torch of liberty, and with it runs ahead of his times by
half a century:

" O come the time and haste the day
When man shall man no longer crush;
When reason shall enforce her sway,
Nor these fair regions raise one blush,
Where still the African complains.
And mourns his yet unbroken chains." 3

" In after life," says Duyckinck, " when the poet himself
became the owner of slaves in New Jersey, he uniformly
treated them with kindness, manumitted them in advance
of the Emancipation Act in the State, and supported on
the farm those of them who were too old to take care of
themselves."

When Freneau returned to America, independence had
been declared and the Revolution was progressing with
varying fortune. The poet threw himself into the strug-
gle with a poet's ardor. One of his first acts after fairly
getting upon land was to ratify the Declaration of Inde-
pendence in four hundred spirited verses. This poem, en-
titled " American Independent," was printed at Philadelphia
in 1778 at the press of Robert Bell, the printer of Thomas
Paine's " Common Sense." When foreign troops were
ravaging the land, when the principal cities were in pos-
session of the enemy, when the Continental Army at Val-
ley Forge was starving, when toryism threatened to wreck
the cause of liberty, Freneau's animating voice was heard.

2 United States Magazine, 1779. * Poems, edition of 1795.

22 The Political Activities of Philip Freneau. [486

Americans! revenge your country's wrongs

To you the honor of the deed belongs.

Expel yon thieves from these polluted lands,

Expect no peace i till haughty Britain yields,

Till humbled Britons quit your ravaged fields.

No dull debates or tedious councils know,

But rush at once embodied on your foe!

Your injured country groans while yet they stay,

Attend her groans, and force their hosts away.

Your mighty wrongs the tragic muse shall trace,

Your gallant deeds shall fire a future race.

To you may Kings and potentates appeal,

You may the doom of jarring nations seal.

A glorious empire rises bright and new,

Firm be its base, and it must rest on you.

Fame o'er the mighty pile extends her wings,

Remote from princes, bishops, lords, and kings, —

Those fancied gods, who famed through every shore,

Mankind have fashioned and like fools adore.

Freneau kept his eye upon the events of the day and
cheered and exhorted and celebrated as the poet-general
of a revolution should. But he was not content to lurk
and write. In 1778 New Jersey became the battle-ground
of the revolution, and the region of the poet's home was
filled with the soldiery of the contending parties. The
battle of Monmouth was fought almost within sight of his
ancestral door. Philip shouldered his gun for the defense
of his fireside. He entered the army as a private and was
promoted to the rank of sergeant.5 His career as a soldier
was brief and unimportant, but it served to show the stuff
of which he was made.

Freneau soon laid down the sword for the pen. The
year following the battle of Monmouth (1779) was a busy
one, and was more profitably spent than if he had remained
in the field. Poem after poem came out to revive the
flagging spirits of the revolutionists. His old college-
mate and colleague in poetry, Hugh Brackenridge, was
in Philadelphia trying to drive the wolf from the door by

4 Aimed at Lord North's " Conciliating Bills " which arrived in
New York in April, 1778, and which conciliated nobody.

5 Jerseymen in the Revolution, p. 465.

487] The Poet of the Revolution. 23

editing " The United States Magazine, A Repository of
History. Politics and Literature." The columns of this
periodical were open to Freneau and he became one of its
principal contributors. Brackenridge used a free lance
and his magazine was feared and hated.0 In addition to
the poems that were written on the voyage to the West
Indies, there appeared in this magazine Freneau's " King
George the Third's Soliloquy," and his " Dialogue be-
tween his Britannic Majesty and Mr. Fox." The object of
these pieces was to urge on to carnage and conquest rather
than to awaken feelings of the sublime and beautiful. They
are blunt, coarse appeals to the Americans to " up and at
the bloody red coats," and there is no poetry in them. The
British army is characterized as a band of devils that it
would be a mercy to rid the earth of. George III in solil-
oquy, thus describes his method of raising a force to march
against America:

Is there a robber close in Newgate hemmed?
Is there a cut-throat fettered and condemned?
Haste loyal slaves, to George's standard come,
Attend his lectures when you hear the drum!
Your chain I break; for better days prepare;
Come out my friends from prison and from care.
Far to the West I plan your desperate sway, —
There 'tis no sin to ravage, burn, and slay,
There without fear your bloody aims pursue,
And show mankind what English thieves can do.

In the dialogue between Fox and King George, the lib-
eral-minded and far-seeing statesman thus advised his
monarch :

In one short sentence take my whole advice,
(It is no time to flatter and be nice)
With all your soul for instant peace contend,
Then shall you be your country's truest friend;
Peace, instant peace, may stay your tottering throne,
But wars and death and blood can profit none.
Withdraw your arms from the American shore,
And vex her ocean with your fleet no more;
Implore the friendship of the injured states,
Nor longer strive against the stubborn fates.

0 Southern Literary Messenger, vol. vii, p. 3.

24 The Political Activities of Philip Freneau. [488

But the haughty monarch would not listen to Fox, or to
any one else. The war went on by land and by sea, and
whether by land or by sea, Freneau was prompt to record
in "superior [?] lays" the glorious deeds of the Ameri-
cans. In 1779, the gallant Paul Jones of the Bon Homme
Richard, gloriously defeated Captain Pearson of the Sera-
pis, and the victory was duly celebrated by our poet, and
the victor thus urged on to further conquest:

Go on great man to scourge the foe,
And bid these haughty Britons know
They to our thirteen states shall bend;
The stars that veiled in dark attire
Long glimmered with a feeble fire,
But radiant now ascend.

Bend to the stars that flaming rise

On western worlds, more brilliant skies,

Fair Freedom's reign restored.

So when the Magi came from far

Beheld the God-attending star,

They trembled and adored.

" The United States Magazine " died in the first year of
its life and its talented editor abandoned journalism and
sought and gained distinction in law. Freneau was in
no sense the editor of this magazine, as has been stated so
frequently.7 He simply gave a helping hand to his friend
Brackenridge, who was the real proprietor.

After the magazine had gone under, Freneau ventured
again upon the sea. This time he sailed for the West In-
dies with letters of marque against British commerce,
commanding the Aurora, a smart little craft fitted out for
privateering.8 But Freneau's naval achievements were
destined to be of no greater importance than his career as
a land soldier. When his vessel was well beyond the

7 See Griswold's Male Poets of America, p. 32, and Alibone's
Dictionary of Authors.

8 Forman's Journey down the Ohio, p. 10. From Freneau's own
account of this voyage, it does not appear that he was the actual
commander. See his " Some Account of the Capture of the ship
Aurora " recently published for the first time.

489] The Poet of the Revolution. 25

capes at the mouth of the Delaware Bay, she was pursued,
and after a sharp engagement, was captured by the British
cruiser Iris. The captives were taken to Xew York and
confined in a British prison-ship that lay moored off the
battery. Freneau was placed upon the Scorpion, where he
was kept two months, and then, when dangerously sick of
a fever, was removed to the hospital-ship Hunter, " to all
hospitals disgrace." From the Hunter in a short time he
escaped, broken and emaciated by the cruel experiences
through which he had passed. Of course the incident be-
came the occasion of a poem. The whole story is told
in " The British Prison-Ship," in four cantos, written and
published in 1781.

Freneau wrote nothing for the American cause that was
more effective than this piece. In it the cruelty and inhu-
manity of the British were depicted by the hand of one who
had himself seen and suffered. " The picturesque inci-
dents of the voyage which is described; the animated ac-
tion of the capture; the melancholy circumstances of the
prison-ship contrasted with the happy scenes of the shore;
the stern terrors of the Hospital, are all in Freneau's best
vein."9 The following lines are too realistic to be untrue:

Such food they sent to make complete our woes, —
It looked like carrion torn from hungry crows:
Such vermin vile on every joint were seen,
So black, corrupted, mortified, and lean,
That once we tried to move our flinty chief,
And thus addressed him, holding up the beef:

" See, Captain, see! what rotten bones we pick;
What kills the healthy cannot cure the sick;
Not dogs on such by Christian men are fed.
And see, good master, see what lousy bread! "

" Your meat or bread," this man of death replied,

" Tis not my care to manage or provide —
But this, base rebel dogs, I'd have you know
That better than your merit we bestow."

When the poet escaped from the clutches of the British,
he returned to Philadelphia and slowly regained his health.

Poems of the Revolution, edited by E. A. Duyckinck, p. 10.

26 The Political Activities of Philip Freneau. [490

He soon resumed his post as verse-chronicler of the revo-
lution and followed with anxious eyes the closing scenes
of the struggle. On the eighth of October, 1781, he ad-
dressed these savage and semi-prophetic lines to the proud
Cornwallis :

Would thou at last with Washington engage,
Sad object of his pity not his rage?
See round thy posts how terribly advance
The chiefs, the armies, and the fleets of France.
Fight while you can for warlike Rochambeau
Aims at your head his last decisive blow;
Unnumbered ghosts from earth untimely sped,
Can take no rest till you like them are dead.
Then die, my lord; that only chance remains
To wipe away dishonorable stains.
For small advantage would your capture bring —
The plundering servant of a bankrupt king.10

A month later came Yorktown and the consummation
of American Independence. Freneau, like all Americans,
hated Cornwallis bitterly, and gloated over the fallen
chief in coarse and careless verse. With this malediction
he sped him from our shores:

Now curst with life, a foe to man and God,
Like Cain we drive you to the land of Nod;
He with a brother's blood his hands did stain,
One brother he, — you have a thousand slain.
And may destruction rush with speedy wing,
Low as yourself to drag each tyrant king.11

The war was over but there was aftermath enough to
keep the patriotic pen of Freneau in motion. When the
traitor Arnold left New York in December, 1781, the
poet's fiercest and choicest curse went with him; the battle
of Eutaw Springs was celebrated in a lyric that Scott
learned by heart and regarded as one of the finest things
in the language; Washington,' on his way to Virginia was
greeted in Philadelphia by a worthy ode; the rejoicing over
the recognition of National Independence stirred the poet

10 Poems Relating to the Revolution, p. 121. "Ibid., p. 132.

491] The Poet of the Revolution.

to one of his highest flights.12 Taking it altogether, the
year 1782 was a most productive one. Freneau seems to
have settled down to literature with the purpose of making
a living out of it. He wrote constantly and much, both
in prose and verse, for " The Freeman's Journal," through-
out the three years of its existence.

Freneau was now enjoying fame as poet, essayist and
patriot, but money was not forthcoming. America was
too poor to pay for literature and the poet was driven to
seek bread upon the water. Next to literature he loved
the sea. He became captain of a vessel and it was a com-
mon occurrence of his life to sail down to the West Indies
with a cargo of grain, and bring up a cargo of molasses
and poetry. In 1784, we find him wandering about among
the ruins of old Port Royal and riming the sad condition
of that unfortunate and desolate place. For five or six
years without interruption, he led the hardy life of a tar.

In April, 1789, George Washington proceeded in tri-
umph through the States to New York to be inaugurated
as president. " Thursday last between two and three
o'clock," says the " Gazette of the United States " of
April 25, 1789, " the most illustrious president of the
United States arrived in this city. At Elizabethtown he
was received by a deputation of three senators and five
representatives of the United States, and the officers of the
state and corporation, with whom he embarked on the
barge for the purpose of wafting him across the bay. It is
impossible to do justice to an attempt to describe the
scene exhibited in his Excellency's approach to the city."
In another column in the same number of the Gazette is
this notice:

" Thursday, April 23, arrived here the schooner Colum-
bia, P. Freneau, in 8 days from Charleston. On board
was Dr. King from S. America, with a collection of nat-
ural curiosities, particularly a male and female ourang-
outang."

12 Poems of the Revolution, pp. 201, 260, 270.

28 The Political Activities of Philip Freneau. [492

Captain Freneau, with Dr. King and his monkeys on
board, brought his ship into line and sailed up the bay with
the gay and magnificent procession of boats that escorted
the president-elect to the capital city. When the poet
landed he found himself in the midst of old friends. There
was his room-mate and classmate, James Madison, the
young "father of the constitution"; there was the ambi-
tious and unscrupulous Aaron Burr; and, the rising Henry
B. Livingston, boon companions at Princeton. These
men, now powerful in the nation, were glad to grasp the
hand of their old friend, for they recognized in him one
almost as famous as themselves and one not inferior in
talent. Freneau was charmed by the new and invigorating
associations of New York life. He gave up his ship and
again took up his pen. He made friends with the leading
democrats, and was soon conspicuous as a champion of
democracy. The pen of a contemporary has left us a pic-
ture of him as he moves about in printing offices and
government halls, or stands chatting with senators and
generals. " He was somewhat below the ordinary height;
in person, he was thin yet muscular; his countenance was
traced by care; he was mild in enunciation, neither rapid
nor slow, but clear, distinct and emphatic. His forehead
was rather beyond the medium elevation; his eyes a dark
gray, occupying a socket deeper than common; his hair
a beautiful iron gray. He was free of all ambitious dis-
plays. His habitual expression was pensive. His dress
might have passed for that of a farmer." 13

Freneau found employment as a writer for the New
York Daily Advertiser.14 He does not seem to have been

13 Sketch of Freneau in Dr. J. W. Francis' Cyclopedia of Ameri-
can Literature, vol. i, p. 333.

""About 1790," says Major Samuel Forman in his "Journey
down the Ohio," " Captain Freneau married my sister Eleanor."
Eleanor Forman was the daughter of Samuel Forman of New
Jersey, one of Freneau's neighbors, and a hero of the revolution.
The poet and Eleanor seemed to have been drawn together by
an affinity of tastes, for she was a verse-maker as well as he.

493] The Poet of the Revolution. 29'

its editor, as Hudson and others assert, but its manager or
superintendent — a kind of man-of-all-work.15 One of .his
co-laborers upon the Advertiser was John Pintard, a warm
personal friend, and the translating-clerk in the Depart-
ment of State. Freneau worked vigorously for the Ad-
vertiser, and he was soon recognized in political circles as
a strong ally of the anti-federalists.

In 1790, Thomas Jefferson came to New York to as-
sume the duties of Secretary of State. He had just come
from Paris where he had been an eye witness of the storm-
ing of the Bastile and had learned from terrible object-
lessons to respect the power of the masses. When he
arrived in New York, his democracy was at a white heat
and he eagerly set about building up a democratic party.
He met Freneau and found him a congenial spirit. The
true eye of the great politician saw in the poet good tim-
ber for the edifice it was his intention to rear. Jefferson,
as a well-known patron of letters, was in a position to
make overtures to any man of distinguished talents. An
opportunity to render Freneau good service soon pre-
sented itself. When the government removed to Phila-
delphia early in 1791, John Pintard, the French translator
in Jefferson's office, resigned his place, declining to leave
New York for the pitiable stipend of two hundred and fifty
dollars per annum, the amount appropriated for the trans-
lating-clerk. Madison and Henry Lee urged Jefferson to
appoint Freneau to the position made vacant by Pintard.
Jefferson gladly acceded to their request, and on February
28, 1791, wrote to Freneau as follows:

"Sir: The clerkship for foreign languages in my office
is vacant. The salary indeed, is very low, being but two

The writer has seen in manuscript some very clever verses written
by Mrs. Freneau. For several years before marriage, their cor-
respondence is said to have been conducted largely in rhyme.
The Freneau home, when we get glimpses of it, was a happy one,
albeit unthrifty.

15 Hudson's Journalism in America, p. 175.

30 The Political Activities of Philip Freneau. [494

hundred and fifty dollars; but also, it gives so little to do
as -not to interfere with any other calling the person may
choose which would not absent him from the seat of gov-
ernment. I was told a few days ago that it might perhaps
be convenient for you to accept it. If so, it is at your ser-
vice. It requires no other qualification than a moderate
knowledge of the French. Should any thing better turn
up within my department that might suit you, I should be
very happy to bestow it as well. Should you conclude to
accept the present, you may consider it as engaged to you,
only be so good as to drop me a line informing me of your
resolution." 16

We have not Freneau's reply to this letter but we know
that he was in no hurry to accept the offer. It was his in-
tention to remove from New York, his work upon the
Advertiser rendering him but slender returns; but he had
misgivings about going to Philadelphia. His immediate
project was to settle in New Jersey and to establish a
country newspaper, a plan which he long cherished and one
which he finally carried out. Madison, however, saw the
value of the man as a democratic publicist and would not
listen to his burying himself in the obscurity of a New
Jersey village. He went to Freneau and reasoned with
him, endeavoring to make him sensible of the advantages
that Philadelphia offered for his private undertaking over
a small country town. He explained the nature of the
services required of him as translator in the Department
of State. Freneau had thought that he would be expected
to turn English into French, and feeling his incompetency
for this work, delicacy forbade him to accept the position.
Madison dissipated this objection by assuring him that no
such task would be required of him. Freneau listened to
the solicitations of his friend and decided to go to Phila-
delphia at once. Madison wrote to Jefferson stating that
he might expect Freneau in Philadelphia in a very short

16 Jefferson's Works, vol. iii, p. 215.

495] The Poet of the Revolution. 31

time. The letter contains a tribute to Freneau's char-
acter and genius, and principles, and closes with these
words: " It is certain that there is not to he found in the
whole catalogue of American Printers [Editors] a single
name that can approach rivalship."17

But Freneau halted in New Jersey, and Jefferson con-
cluded that he had abandoned the notion of going to
Philadelphia. On May 9 Jefferson wrote to Madison:

" Your favor of the first came to hand on the third.
Mr. Freneau has not followed it. I suppose, therefore, he
has changed his mind back again, for which I am sorry." 1S
A few days after this Jefferson wrote to Thomas Mann
Randolph, his son-in-law, as follows:

" I enclose you Bache's as well as Fenno's papers. You
will have perceived that the latter is a paper of pure tory-
ism, disseminating the doctrine of monarchy, aristocracy,
and the exclusion of the people. We have been trying to
get another weekly or half-weekly set up, excluding ad-
vertisements, so that it might go through the States and
furnish a whig vehicle of intelligence. We hoped at one
time to have persuaded Freneau to set up here but
failed." 19

Jefferson did not intend to lose Freneau if he could help
it. Further pressure was brought to bear upon the editor.
Gen. Henry Lee, another friend, wrote to him and urged
him to embrace the opportunities of a career at the seat
of government.20 The general promised aid in securing
subscribers for the projected paper and, (Parton says) ad-
vanced money for the enterprise.21 Jefferson, on July 21,
1791, again wrote to Madison with the view of getting Fre-
neau. " I am sincerely sorry," he says, " that Freneau has
declined coming here. Though the printing business be

17 Writings of Madison, vol. i, p. 535.

18 Jefferson's Writings, vol. v, p. 330.

19 Ibid., vol. v, p. 336.

20 Randall's Life of Jefferson, vol. ii, p. 74.

21 Parton's Life of Jefferson, p. 433.

32 The Political Activities of Philip Freneau. [496

sufficiently full here, yet I think he would set out on such
advantageous grounds as to have been sure of success.
His own genius, in the first place, is so superior to that of
his competitors. I should have given him the perusal of
all my letters of foreign intelligence and all foreign news-
papers, the publication of all proclamations and other pub-
lic notices within my department, and the printing of the
laws, which added to his salary would have been a consid-
erable aid. Besides this, Fenno's being the only weekly
paper and under general condemnation for its toryism and
its incessant efforts to over-turn the government, Freneau
would have found that ground as good as unoccupied."

This encouragement from such influential quarters
finally caused Freneau to abandon his original scheme and
settle in Philadelphia. On the twenty-fifth of July, four
days after Jefferson's last letter to Madison, he himself
wrote to Madison:

" Some business detains me here [in New Jersey] a day
or two longer from returning to New York. When I
come, which I expect will be upon Thursday, if you shall
not have left the city, I will give you a decisive answer
relative to printing my paper at the seat of government
instead of New York. If I can get Mr. 'Childs to be con-
nected with me on a tolerable plan I believe I shall sacri-
fice other considerations and transfer myself to Philadel-
phia."

Freneau came to terms with the printer, Childs, and in
a short time repaired to Philadelphia, leaving his family
temporarily behind him. In the course of a few days after
his arrival he received the following document:

" Philip Freneau is hereby appointed clerk for foreign
languages in the office of Secretary of State, with a salary
of two hundred and fifty dollars a year, to commence from
the time he shall take the requisite oaths of qualification.
Given under my hand and seal this 16th day of August,
I791* Thomas Jefferson."22

22 Jefferson MS. Archives of State Department at Washington.

497] The Poet of the Revolution. 33

This is the story of Freneau's coming to Philadelphia to
set up a paper and of his appointment to an office under
Jefferson. It is a simple story and one that is not sug-
gestive of crookedness upon the part of any of the per-
sons connected with it. As far as Freneau is concerned,
his course was one of absolute single-mindedness through-
out. He intended to start a newspaper of his own, and a
democratic newspaper at that. If he did not set up one in
New Jersey, then he would start one in New York. Jef-
ferson, Madison, and other democrats, hearing of this,
held out, in a perfectly honorable way, inducements for him
to establish his paper in Philadelphia, and after due re-
flection he adopted the counsel of his friends. Those
friends knew that he intended to edit a paper — that indeed
he must do something of the kind or starve. They knew,
moreover, that he was a fierce and uncompromising demo-
crat and that he would conduct the paper according to his
own notions. What their motives were in getting such a
man to come to the seat of government is very easy to
determine. They wanted the influence of his pen for party
purposes. Whether Jefferson was justified in using pa-
tronage for the accomplishment of his purpose is a prob-
lem of ethics for those who are interested in the question
to solve. It may be here remarked that from the begin-
ning of our government to the present day influential edi-
tors have fared very well in the matter of federal appoint-
ments. With Freneau, the establishing of his paper in
Philadelphia was purely a matter of business, and it is dif-
ficult to conceive how there could have arisen in his mind
any quibbling as to the rightfulness or wrongfulness of his
earning a little additional money by translating. The mat-
ter would not be worth referring to, if, as we shall see
later, so much had not been made of it by the enemies of
Freneau and of Jefferson.

We shall now take up a chapter in Freneau's history
which has not received the consideration it deserves. We
shall follow Freneau in his career as an editor. We all
35

34 The Political Activities of Philip Freneau. [498

know something of him in a vague sort of way as a poet.
We know a little of him, too, as an editor, but, unfortu-
nately what we know of him as an editor is false knowl-
edge. Washington Irving called him a " barking cur,"
and succeeding historians down to Goldwin Smith, who re-
fers to him as a " reptile journalist," have been content to
perpetuate a false and unjust estimate of the man.

CHAPTER III

THE DEMOCRATIC EDITOR

The plan and purposes of the new paper were published
at considerable length. The Gazette was to appear every
Wednesday and Saturday;1 the subscription price was to be
three dollars per annum; the news published was to be of
national character, especial attention being promised to
the doings of the national government; the columns of the
Gazette were to be open to all original and interesting
productions whether prose or verse; political discussion
was to be conducted with perfect fairness and the great-
est latitude; the debates of congress and reports of de-
partments were to be printed; all important books were to
be reviewed; advertisements were to be allotted a certain
space and were not to encroach upon the columns intended
for general reading matter.

The title of the paper, " The National Gazette," suggests
the aims of its founder. It was to be a paper for circula-
tion in all parts of the union. It was to be an organ with
national influence and a national constituency as opposed
to those papers which appealed to local constituencies
and which rarely found their way out of the neighborhood
in which they were printed. This was the idea of the editor
and his advisers, and every effort was made to keep the
paper cosmopolitan and to get it into distant parts.

Freneau pushed forward the publication of the Gazette
and the first number came from the press several days be-
fore it was announced to appear. In the first issues there
was nothing to shadow forth that violent partisanship
which later was to make its editor one of the best hated

1 It was actually published every Monday and Thursday.

36 The Political Activities of Philip Freneau. [500

men in America. In one respect, indeed, it offended from
the beginning the opinion of a large and influential ele-
ment of the American people. It supported without re-
serve the principles of the French revolution. Its col-
umns were filled with equality and fraternity, and Tom
Paine and Rousseau. Aside from this undisguised endorse-
ment of what was then to many minds, political heresy, its
tone was mild, and its articles harmless and colorless.
Its professed policy was broad and patriotic. It early
maintained the doctrine that the union between the states
should be social and commercial as well as political. " The
interests of the northern and southern states are insepa-
rable forever. It seems to have been the design of nature
in her formation and distribution of that part of North
America known by the name of the United States, that a
mutual dependence should take place between the north-
ern and southern inhabitants." ' But the tendency of the
paper was unmistakable. It appealed to the common
people as the true rulers of government. Its evident pur-
pose was to evoke and energize the spirit of democracy.

Was there need for such a paper? Was the spirit of
democracy flagging and the tide running toward a gov-
ernment, strong, centralized, and aristocratic? Was the
constitution, as Jefferson says it was, galloping toward
monarchy? We cannot understand Freneau and the part
he played in public affairs until we have found answers to
these questions, and to answer them we must try to get as
clear a notion as possible of the state of political opinion
in the United States in 1791.

To do this let us begin with the rulers. Let us interro-
gate those who were in the saddle at the time, and deter-
mine the direction they were galloping by the tendency of
their thought; for as men think, so are they.

If we begin with the President, there can be no doubt
of Washington's perfect loyalty to the constitution and to

2 National Gazette, November, 1791.

501] The Democratic Editor. 37

a republican form of government. In 1786, indeed, he
recognized that times were changing, and that monarchy
was in the air,3 but he deprecated with the utmost horror
the progress of monarchical sentiment. Freneau has
attested to the soundness of the great chief's republicanism
in these lines:

" Oh Washington, thrice glorious name!
What due rewards can man decree?
Empires are far below thy aim.
And sceptres have no charm for thee.
Virtue alone has your regard,
And she must be your great reward."

We pass from the President to the Vice-president. John
Adams has written many hundreds of pages upon the sub-
ject of government, but human reason cannot fathom his
meaning and what he really thought will never be known."
Madison, open and above board, spoke of him to Washing-
ton as aiming at mixed monarchy,5 but Adams said he was
not aiming at monarchy, and we must believe he knew his
motives better than Madison knew them. We cannot get
from his writings what Adams thought, but we can learn
from them what he felt. He hated democracy, he loved
a strong government. " Democracy," 6 he says, " never
has been and never can be so desirable as aristocracy or
monarchy, but while it lasts, is more bloody than either.
Remember, democracy never lasts long. It soon wastes,

3 Sparks' Life and Writings of Washington, vol. ix, p. 187.

4 An English reviewer of the day thought he understood Adams:
" The great and leading idea which runs through the ingenious
and learned works of Mr. Adams is that a mixture of the three
powers, the regal, the aristocratical and the democratical, prop-
erly balanced, comprises the most perfect form of government."
American Daily Advertiser, Nov., 1792. Such an interpretation
must have been based upon such statements as these: " The Eng-
lish Constitution is the only scientifical government." John
Adams' Works, vol. vi, p. 118. "A hereditary first magistrate
would perhaps be preferable to an elective one."

5 In a conversation with the President in 1792, Writings of
Madison, vol. i, p. 558.

0 John Adams' Works, vol. vi, p. 483.

38 The Political Activities of Philip Freneau. [502

exhausts, and murders itself. There never was a democ-
racy that did not commit suicide." And again: "It is
true and I rejoice in it, that our president has more power
than the stadt-holders, the doges, the archons, or the
kings of Lacedaemon." He expresses his profound dis-
trust of self-government in these words : " The proposi-
tion that the people are the best keepers of their own lib-
erties is not true. They are the worst conceivable, they
are no keepers at all; they can neither judge, act, think,
or will, as a political body. Individuals have conquered
themselves; nations and large bodies never.'" In a letter
to his democratic cousin, Samuel Adams, John Adams, in
a few inadvertent words, betrays his feelings towards pop-
ular liberty. Samuel Adams had advanced the proposi-
tion that the love of liberty is interwoven in the soul of
man. John Adams, candidate for popular favor, replied:
" So it is, according to La Fontaine, in that of a wolf." *
Late in life, John Adams said that his political downfall
was largely due to the writings of Philip Freneau.' He
would more justly have attributed his retirement to his
own writings.

When we come to Washington's first cabinet we find a
house divided against itself. Relying upon his own vast
authority and the rectitude of his intentions, the president
invited to assist him in governing, two men whose views
upon government diverged as widely as possible. Thomas
Jefferson and Alexander Hamilton, by every principle and
implication of their being, were unfitted to work together,
and Washington's attempt at a mixed cabinet failed. In
a short time the imperious- and imperial Hamilton domi-
nated Washington and the administration, and Jefferson
was forced to retire.

What were Hamilton's views upon government? If he
could have had his will, what form of government would

Works of John Adams, vol. i, p. 587.
' Works of Samuel Adams. 9 Works of John Adams.

503] The Democratic Editor. 39

have been instituted? What was the tendency of our gov-
ernment when it was under his direction? To get an an-
swer to this question, we may take the testimony first of
a friend, then of an enemy. Gouverneur Morris, an inti-
mate friend and co-worker in politics, said of Hamilton:
" He hated republican government because he confounded
it with democratic government. One marked trait of the
general's character was his pertinacious adherence to
opinions once formed. He never failed on every occa-
sion to advocate the excellence of and avow his attach-
ment to monarchical government."1' Thomas Jefferson
corroborates this language by putting the following words
in Hamilton's mouth; words, Jefferson avers, which were
written down almost immediately after they were spoken:
" I own it is my opinion, although I do not publish it in
Dan and Beersheba, that the present government is not
that which will answer the ends of society by giving sta-
bility and protection to its rights, and that it will probably
be expedient to go to the British form." u

Hamilton's correspondence is replete with lugubrious
apprehensions that the government by the people might
fail.12 The people were to him " in forme ingens, cut lumen
ademption." 1S In a letter to Theodore Sedgwick he speaks
of democracy as a virulent poison, that was threatening to
destroy the life of the nation." In 1802, when he had been
unhorsed and Jefferson was in the saddle, he writes to his
old friend and fellow-aristocrat, Morris, bitterly com-
plaining of his fate: "Mine is an odd destiny. I am still
laboring to prop the frail and worthless fabric. Yet I have
the murmurs of its friends no less than the curses of its
foes for my reward. What can I do better than withdraw
from the scene? Every day proves to me more and more

10 Sparks' Gouverneur Morris, Life and Works, vol. Hi, p. 260.

11 Ford's " Jefferson's Writings," vol. i, p. 169.

12 See Hamilton's Works, vol. v, p. 441; vol. vi, p. 54; vol. iii,
p. 260.

13 Ibid., vol. vi, p. 540. M Ibid., vol. vi, p. 568.

40 The Political Activities of Philip Frencau. [504

that this American world was not made for me." lD At a
banquet in New York, in reply to a toast Hamilton uttered
these remarkable words: "Your people, sir, your people
are a great beast." 1G But enough of quotations. Every-
body knows now as well as Jefferson knew in 1791 that
Alexander Hamilton hated democracy and that he had
little faith in the government that he had helped to estab-
lish.

It is of interest to note also what the lesser lights, what
senators and representatives and diplomats of the time
thought of democracy. The young and eloquent Fisher
Ames, the confidential friend of Hamilton and a leader
in the house of representatives, declared democracy to be
the isthmus of a middle state, nothing in itself. Like death
it was the dismal passport to a more dismal hereafter.
He thought our nation began self-government without
education for it. " Like negroes," he says, " freed after
grown up to man's estate, we are incapable of learning
and practicing the great art of taking care of ourselves.""
He greets Hamilton's sympathetic ears with these words:
" Our government is becoming a mere democracy which
has never been tolerable or long tolerated." 1S And again,
in an explosion of disgust and despair he cries: "Our
country is too big for union, too sordid for patriotism, too
democratic for liberty! What is to become of it, He who
made it best knows." 19

Gouverneur Morris has answered for Hamilton and may
now answer for himself on the subject of democratic gov-
ernment. Writing from Paris to Rufus King he says:
" The people, or rather the populace — a thing which, thank
God, is unknown in America — are flattered with the idea
that they are under no restraint except such as might be

15 Hamilton's Works, vol. vi, p. 530.

16 Adams' History of the United States, vol. i, p. 85.

17 Works of Fisher Ames, vol. i, p. 224.

18 Hamilton's Works, vol. vi, p. 201.

19 Ames' Works, vol. i, p. 327.

505] The Democratic Editor. 41

inspired by magistrates of their own choice." 20 This
haughty lieutenant of Hamilton's having narrowly escaped
the fury of that same Parisian populace, wished to check
the power of the people in his own country by a strong
government. He believed that a national law should re-
peal any state law, and was for a senate for life, appointed
by the chief magistrate. The body should consist of men
of wealth and of aristocratic spirit — one that would " lord
it through pride."

Theodore Sedgwick, speaker of the House of Repre-
sentatives, had no faith in the manner of electing the
president.21 John Jay, Chief Justice of the Supreme Court,
doubted whether the people could long govern themselves
in an " equal, uniform and orderly manner." " Oliver
Wolcott, Comptroller of the Treasury, and successor of
Hamilton as Secretary, believed that our system of gov-
ernment would fail.23 Chauncey Goodrich, a leader in poli-
tics wrote : " Our greatest danger is from the antagonism
of levelism. What folly is it that has set the world agog
to be all equal to French barbers?" George Cabot, sena-
tor from Massachusetts, held the belief that " Democracy
in its natural operation is the government of the worst." ~*

Such was the faith, or rather lack of faith, of our fed-
eral fathers. Such were the avowed opinions regarding
self-government held by those who were administering the
government, making its laws, conducting its diplomacy,
pronouncing its justice, at the period when Freneau set
up his National Gazette in Philadelphia. Washington
warned the federal leaders against their monarchical no-
tions, reminding them that it was but a step from think-
ing to speaking and but another to acting.26 And they did

20 Life of Rufus King, vol. i, p. 432.

21 Hamilton's Works, vol. vi, p. 511.

22 Gill's " Administration of Washington and Adams," vol. i,
300.

23 Ibid., p. 88. 2i Lodge's Cabot, p. 341.
25 Sparks' " Life and Writings of Washington," vol. ix, p. 187.

42 The Political Activities of Philip Freneau. [506

act as far as prudence would permit. Hamilton tried to
hedge Washington around " with a divinity that did befit
a King." Titles and royal trappings were employed to
dazzle and awe; measures were introduced into congress
under Hamilton's doctrine of " implied powers " that made
democrats like Maclay and Madison stand aghast. Ham-
ilton and Hamiltonism ruled not only in the cabinet but in
the legislature also. It was charged that the Treasurer
in British fashion cracked his whip over congress,29 and
" converted the legislature into a committee of sanction,"
and Washington himself was accused of " treading on the
neck of the senate." 27

The organ upon which the federalists relied to make
public opinion for their cause was John Fenno's " Gazette
of the United States." This paper was started in New
York but was moved to Philadelphia when the government
was transferred to that place.23 Fenno was completely
under Hamilton's control and the columns of his Gazette
were filled with the monarchical notions of his patron. The
following extract, taken from the writings of " Tablet " who
contributed, every week, something upon the subject of
government, will give an idea of the spirit of Fenno's
paper:

" Take away thrones and crowns from among men and
there will soon be an end of all dominion and justice. There
must be some adventitious properties infused into the
government to give it energy and spirit, or the selfish,
turbulent passions of men can never be controlled. This
has occasioned that artificial splendor and dignity that
are to be found in the courts of many nations. The people
of the United States may probably be induced to regard

26 Mercer in a speech in congress said: " I have long remarked
in this house that the executive, or rather the treasury department,
was really the efficient legislature of the country. The House of

"Representatives is converted into a committee of sanction."

27 Maclay's Journal, p. 131.

28 Hudson's Journalism in America, p. 18.

507] The Democratic Editor. 43

and obey the laws without requiring the experiment of
courts and titled monarchs. In proportion as we become
populous and wealthy must the tone of the government
be strengthened." M

Americans were invited to distrust their fitness for sov-
ereignty, " for the experience of past ages proved that
whenever the people have exercised in themselves the three
powers, the democracy is immediately changed into an-
archy. Violent orators agitate the multitude as the winds
toss the waves, and the people agitated by demagogues
have committed all excesses." Titles were upheld as the
essential features of a vigorous government. The argu-
ment for them was simple and cogent. There are differ-
ences in men, in talent, in wealth, in position; therefore,
there should be titles to designate these differences.

Hamilton, the powerful patron of the Gazette, was the
theme of its highest panegyric. " He is the highest jewel
in Columbia's crown. As a pillar in the Federal building
he seems to unite the solidity of the Doric order, the deli-
cacy and elegance of the Ionic, and the towering beauty of
the Corinthian." In return for this subserviency, Fenno,
as we shall presently see, merely demanded cash.

It was to furnish an antidote to the aristocratic and
monarchical sentiments of Fenno's paper that Freneau's
" National Gazette " was established, and the better we
know the Gazette of the United States, the plainer does
it become that an antidote was needed. The columns of
Fenno's paper read like those of a journal of the court of
St. James. A few paragraphs will illustrate : " The prin-
cipal ladies of the city have with the earliest attention and
respect paid their devoirs to the amiable consort of our
beloved president, namely, the Lady of his Excellency, the
Governor, Lady Stirling, Lady Mary Watts, Lady Kitty
Duer, La Marchioness de Breham, the ladies of the Most
Honorable Mr. Layton, the Most Honorable Mr. Dalton,

29 Gazette of the United States, March, 1790.

44 The Political Activities of Philip Freneau. [508

the Mayoress, Mrs. Livingston of Clermont, Lady Temple,
Madam de la Forest, Mrs. Houston, Mrs. Griffin, the Miss
Bayards and a great number of other respectable charac-
ters."

Again: "We are informed that the President, His Ex-
cellency, the Vice-President, His Excellency, the Governor
of this State, and many other personages will be present
at the theatre this evening."

Again: "The Most Honorable Morris and Lady at-
tended the theatre last evening."

Such royal gibberish as this could not be reasoned with
and Freneau did not attempt to reason with it, but he
drove it out of Fenno's paper and out of the United States.
He caused it to be laughed at, and that it could not en-
dure. A bit of horse-play like the following was far more
effective than any amount of abstraction could have been:
— The writer, in imagination goes ahead of the time ten
years and gives a page of news for the year 1801 —

'•' On Monday last arrived in this city in perfect health, His Most
Serene Highness the Protector of the United States, who on
Wednesday next will review the regular troops which compose the
garrison."

" Yesterday came on before the circuit court of the Protector, the
trial of James Barefoot, laborer, for carelessly treading on the
great toe of My Lord Ohio. The defendant was found guilty,
but as the offense appeared quite accidental, and his lordship had
already inflicted on him fifty lashes, the court fined him only 100
pounds and ordered him to be imprisoned six months. Consider-
ing the blood and rank of the prosecutor, the humanity of the
sentence cannot be too highly extolled. His lordship's toe is in
a fair way of recovery, although one of his physicians thinks the
nail is in danger."

" Yesterday was capitally convicted by a majority of the jury,
John Misprision, for high treason, for lying with the mistress of
the Protector's second son, the duke of Erie. Great efforts will be
made to obtain a pardon, but it is feared that the enormity of the
offense, with a suspicion of its being the third or fourth time he
has taken this liberty with his Grace, will prevent their desired
effect."

" Sunday last, being the birthday of the Protector's lady, was
celebrated in this city with becoming attention. No divine service
was performed. The levee of her Highness was remarkably

509] The Democratic Editor. 45

crowded. She looked uncommonly cheerful considering it is the
ninth month of her pregnancy. In the evening the theatre was
unusually brilliant in expectation of her Highness's company, who
for the reason just mentioned was obliged to forego the pleasure."

" It is said that Lady Champlaine, a maid of honor to her High-
ness the Protectoress, has had an intrigue with the Duchess of
Rye's footman."

" To remedy the inconveniences attending the election on the
death of every protector, a bill will be brought in at the next
session of Congress to make the office hereditary, and to increase
his annual revenue from five hundred thousand to one million of
dollars. It is certainly impossible for his Highness to support
the dignity of his high station upon his present small allowance."

" The hereditary council will meet in the future at the new
palace in Philadelphia. This superb edifice cost the moderate sum
of six hundred thousand dollars, ten cents and five mills, which
exceeded the calculations of the first lord of the Treasury only
by two dollars, three cents and one mill."

" A few copies of the act to restrain the freedom of press may
be had at this office."

Monarchy was not the only thing the National Gazette
abhorred. Freneau, as a life-long democrat and consistent
whig, detested the avowed principles of the federal party
and there was no love in his heart for its leader, Alexan-
der Hamilton. Hamilton was therefore singled out and
made the principal target for the anti-federal arrows that
sped from Freneau's bow. It was upon the appearance of
Hamilton's report on manufactures that Freneau's career
as a publicist began. The Secretary of the Treasury an-
nounced the startling doctrine that it was the unquestion-
able meaning of the constitution that Congress had power
to provide for any object that concerned the general wel-
fare. The phrase " general welfare," he contended, was
susceptible neither of specification nor of definition. Every
object which in its operations extends throughout the
union concerns the general welfare and it was left to the
discretion of the National Legislature to decide what shall
be regarded as concerning the general welfare. The Sec-
retary entertained no doubts that whatever concerned
education, agriculture, manufacturing, or commerce was
within the sphere of the action of the National Govern-
ment.

46 The Political Activities of Philip Freneau. [510

Freneau, as a champion of strict construction, swooped
down upon the doctrine of " implied power " with savage
talons. " Is there," the Gazette asks, " any object for
which money is not necessary, or any object for which
money may not be applied and brought under the object of
congress? Under such a construction of the power of
congress, what is to become of the word constitutional?
Nothing henceforth would be unconstitutional. It would
be the easiest thing in the world to conceive that religion
is a matter of the general welfare; and then an ecclesiasti-
cal establishment supported by government would quickly
follow. Besides, such a doctrine knocks down every
boundary worth contending for between the general gov-
ernment and the state government. This doctrine of non-
specification and non-limitation of the power of the consti-
tution was subversive of liberty." so The Secretary is
charged with bad faith in attempting to promulgate such
ideas. He is reminded that when he urged the adoption
of the constitution, he taught the people that usurpation
was not to be apprehended; that construction by implica-
tion was impossible, that the states had nothing to fear.
Now, by a little refinement in politics, and by the legerde-
main of fiscal operations, he was about to do all that he
had promised would not and could not be done. The fund-
ing scheme, the bank scheme, the excise, were all contrary
to himself, the constitution and American freedom.

Hamilton was unfitted by nature to brook opposition,
and he met the opposition of Freneau in a most unfortu-
nate manner. At first he left his defense in the hands of
his editor Fenno, but Fenno was a heavy fellow and could
do little but rave. He hurled invective against any who
should dare to criticize a measure of government. The
National Gazette, he said was the vehicle of party spleen
and the opponent of the principles of order, virtue and re-
ligion;81 its editor was a "wretch," "a spaniel," "a fawn-

30 National Gazette, 1792.

31 Gazette of the United States, Aug. 2, 1792.

511] The Democratic Editor. 47

ing parasite," " a black-guard," " a grumbletonian," " a
crack brain," " a Bedlamite," " a jackal of mobocracy," " a
salamander." Freneau reprinted in his own paper these
courtly epithets, and kept calm. A few lines of doggerel
was all the reply he would vouchsafe to his enraged ad-
versary.

Since the day I attempted to print a gazette

This Shylock-Ap-Shenkin does nothing but fret;

Now preaching and screeching, then nibbling and scribbling

Remarking and barking and whining and pining

And still in a pet,
From morning 'till night with my humble Gazette.

Instead of whole columns our page to abuse,
Your readers would rather be treated with news;
While wars are a-brewing, and kingdoms undoing,
While monarchs are falling, and princesses squalling,
While France is reforming, and Irishmen storming —
In a glare of such splendor, what folly to fret
At so humble a thing as a poet's Gazette.

One Printer for Congress (some think) is enough
To flatter and lie, to palaver and puff,
To preach up in favor of monarchs and titles,
And garters and ribbands to prey on our vitals.

To criticise government and governors seemed to him a
perfectly legitimate act and he exercised this right with-
out any great perturbations of conscience. A squib from
his paper furnishes the basis of a philosophy for the free-
dom of press:

" Free government in any country naturally urges by impercepti-
ble advances to tyranny, unless corrected by the vigilance of the
people. Nothing but the perpetual jealousy of the governed has
ever been found effectual against the machination of ambition.
When this jealousy does not exist in some reasonable degree the
saddle is soon placed upon the backs of the people and occupied
by a succession of tyrants. There never was a government that
had not its flatterers whose incense of adulation is always in
readiness to be offered at the shrine of power, and whose abilities
are prostituted to cover the abuse of office. Monarchies it is well
known owe no small share of their disability to such support.
Republics ought to be above it." "

32 National Gazette, 1791.

48 The Political Activities of Philip Freneau. [512

But it must not be inferred that Freneau abused the lib-
erty of the press. The National Gazette was not a scur-
rilous or libellous sheet. It has an unsavory reputation in
history, but we shall see before we have finished, that it
does not deserve such a reputation, that scurrility and slan-
der are not a feature of its pages. It was called atheistical
and subversive of religion and morals, not because it de-
nied the existence of God or attacked religion, for it let
such subjects severely alone, but because it advocated
democratic principles. In those days if a man was a
democrat he was an atheist, and that was all there was
to it. Compared with the Daily Advertiser, a republican
contemporary, or with Fenno's paper, the National Ga-
zette was a mild and decent sheet. The fear and hatred
that it won for itself arose from the ability with which it
was edited. It was supported by the best talent of the
age. Hugh Brackenridge, Freneau's classmate at col-
lege, now eminent as a jurist, sympathized with the aims
of the paper and contributed largely to its success by writ-
ing for its columns.35 James Madison worked for it,
talked for it, and wrote for it.34 Jefferson could not have
been more interested in it if his political life had depended
upon its success. He was always writing about it to his
friends, calling attention to its merits, and drumming up
subscribers and subscriptions. He kept Freneau sup-
plied with foreign newspapers, and thus enabled him to
make his paper the source of the fullest information re-
specting the mighty movements and triumphs of democ-
racy in Europe. By good management on the part of the

33 Brackenridge, Francis Hopkinson, and Freneau are admitted
by critics to be the three greatest American prose writers of the
eighteenth century. Freneau's prose writing is characterized by
Moses Coit Tyler as " delightful, easy, sinewy, touched with a
delicate humor, crisp and keen edged." Lit. Hist. American
Revolution, vol. ii, 275.

34 " I used occasionally to throw in an article with a view chiefly
to contrast the monarchical spirit which characterized Fenno's
paper." Randall's " Thomas Jefferson," vol. ii, p. 74.

513] The Democratic Editor. 49

editor and his friends, the paper prospered and became the
power it was sought to make it. In May, 1792, Freneau
published the following card in his paper: *' Upward of six
months being elapsed since the publication of this paper,
and the subscriptions having succeeded beyond the editor's
most sanguine expectations, he now begs leave to solicit
the attention of the people of the United States to a pub-
lication which he trusts will at all times be found truly
republican in its principles and tendency."

The chief business of the Gazette was to destroy Hamil-
ton, the one man in whom the hopes of the federalists lay.
That the Secretary of the Treasury was the head and front
of the federal party was clearly recognized by Jefferson.
" Hamilton is really a colossus to the anti-republicans," he
writes to Madison. " Without numbers he is a host with-
in himself. When he comes forward there is nobody but
yourself who can meet him. For God's sake take up your
pen and give him a fundamental reply."31 Freneau, after
the manner of editors generally, did not concern himself
deeply about " fundamental replies." His plan was to
render Hamilton and his schemes odious and unpopular.
Every utterance, every report, every recommendation of
the Secretary was construed as having but one ultimate
aim — the overthrow of the constitution and the establish-
ment of a monarchy. His funding system, his national
bank, his excise law, his love of titles, his advocacy of a
perpetual public debt, his loose-construction notions, were
all of the same cloth. If you want rules for the conversion
of a limited republic into an absolute monarchy, said
Freneau, here they are:

1. Get rid of constitutional shackles.

2. Confer titles of rank. If the principal magistrate should be
particularly venerable in the eyes of the people take advantage of
that fortunate circumstance.

3. If the principal magistrate is averse to titles, persevere in
indoctrinating the people with the idea. Time will gain it respect.

35 Jefferson's Works, vol. iv, p. 122.
36

50 The Political Activities of Philip Freneau. [514

4. Harp incessantly upon the dangers of the mob.

5. Let the great nostrum be a perpetual public debt. If a debt
is not at hand assume one, and then swell it and stretch it in every
possible way.

6. Interest the legislators in speculation and speculators in
legislation.

7. Establish an incorporated bank by which those who are to
inherit the kingdom that is preparing for them may be enriched.

8. Arrogate all power to the general government under the
phrase " general welfare."

9. Secure a rich manufacturing class by making laws in their
interests.

10. Create a standing army.

11. Take England as a model.

Hamilton's doctrine that a public debt is a public bless-
ing was resisted by the National Gazette with bull-dog
ferocity. " Brutus," who fulminated for months against
the funding system ably supported these charges :

1. The funding system threw $50,000,000 into the hands of the
wealthy.

2. It combined the money interest with the monopoly of the
Nation?! Bank.

3. By its excise and impost offsprings it swallowed up by future
payments the last resource of the country.

4. The certificates of indebtedness fell into the hands of specula-
tors and foreigners.

5. It had diverted capital from its proper channels and turned it
into speculation.

6. It created an immense body of revenue officials from the
Secretary down to the tide-waiter, all bound together by common
interests.

The editor's compassion was deeply moved for the sol-
dier of the revolution who had been paid by certificates
of indebtedness which had passed out of his hands at a
discount into the hands of speculators, and which by Ham-
ilton's law, had appreciated to several times their value.
The theme caused the editor to drop into rhyme:

Public debts are public curses

In soldiers1 hands; there nothing worse is!

In speculators' hands increasing,

A public debt's a public blessing.

515] The Democratic Editor. 51

Jonathan Pindar, who is Philip Freneau 8B in disguise,
appears before Hamilton and other magnates as candi-
date for the position of poet-laureate. To further his
chances of appointment he promised to swear —

The nation's debt's a blessing vast,
Which far and wide its general influence sheds,
From whence Pactolian streams descend so fast,
On their — id est — the speculators' heads.

That to increase this blessing and entail
To future time its influence benign,
New loans from foreign nations cannot fail
While standing armies clinch the grand design.

That taxes are no burthen to the rich.
That they alone to labor drive the poor —
The lazy rogues would neither plow nor ditch,
Unless to keep the sheriff from the door.

Freneau was a master of irony and frequently subjected
Hamilton's sensitive nerves to this species of wit. The fol-
lowing piece is a sample of the fine satire that was con-
stantly directed against the federalists and their chief:

A NEW POLITICAL CREED.

" Whoever would live peaceably in Philadelphia, above all
things it is necessary that he hold the federal faith and the federal
faith is this, that there are two governing powers in this country,
both equal and yet one superior; which faith unless one keep
undefiledly without doubt he shall be abused everlastingly. The
Briton is superior to the American and the American is superior
to the Briton, and yet they are equal and the Briton shall govern
the American.

" The Briton while here is commanded to obey the American
and yet the American ought to obey the Briton; and yet they
ought not both to be obedient. For there is one dominion nominal
of the American and another dominion real of the Briton. And
yet there are not two dominions but only one dominion.

" The American was created for the Briton and the Briton for
the American, and yet the American shall be a slave to the Briton
and the Briton the tyrant of the American.

89 Jefferson says these " Probationary leaders," as they were
called, were written by St. George Tucker and not by Freneau.
They were, at any rate, saddled on the editor. Ford's Writings
of Thomas Jefferson, vol. vi, p. 328.

52 The Political Activities of Philip Freneau. [516

" The Britons are of three denominations, and yet only of one
soul, nature, and subsistence: The Irishman of infinite impudence;
the Scotchman of cunning most inscrutable; and the Englishman
of impertinence altogether insupportable.

" For the true faith is that we believe and confess that the
government is fallible, and infallible: Fallible in its republican
nature; and infallible in its monarchical tendency; erring in its
state individuality and unerring in its federal complexity. So that
it is both fallible and infallible; yet it is not twain but one govern-
ment only, as having consolidated all state dominion in order to
rule with sway uncontrolled. This is the true federal faith, which
except a man believe and practice faithfully, beyond all doubt he
shall be cursed perpetually.''

Such reading- was exceedingly painful to a proud and
highly organized nature like Hamilton's. Fenno defended
the Secretary as best he could, but Fenno was no match
for Freneau. The National Gazette continued to pour
forth its effective broadsides until Hamilton's patience
gave way and he determined to break a lance in his own
behalf. Freneau he affected to despise. In the editor and
clerk who met his eyes daily in the office of government he
saw only the servile instrument of Thomas Jefferson.
Without evidence and without reason he cherished the no-
tion that the National Gazette had been established by the
Secretary of State, and that it was supported and directed
by him, and that Freneau was a man of straw. With vis-
ion blurred and his facts all tangled, Hamilton rushed into
print with an attack upon Jefferson. The chastisement,
of course, had to be administered over Freneau's shoul-
ders. In July, 1792, there appeared in Fenno's Gazette
the following communication:

Mr. Fenno :

The editor of the National Gazette receives a salary from the
government. Quaere: Whether this salary is paid for translations
or for publications the design of which is to villify those to whom
the voice of the people has committed the administration of our
public affairs, — to oppose the measures of government and by
false insinuation to disturb the public peace?

In common life it is thought ungrateful for a man to bite the
hand that puts bread in his mouth, but if the man is hired to do
it, the case is altered. T. L.

517] The Democratic Editor. 53

" T. L." was Alexander Hamilton. Freneau paid but
little attention to the squib, doubtless because he did not
suspect its high authority. He re-printed it in his paper
and said it was beneath notice, and propounded this query
by way of retort: "Whether a man who receives a small
stipend for services rendered as French Translator to the
Department of State and as editor of a free newspaper ad-
mits into his publication impartial strictures on the pro-
ceedings of the government, is not more likely to act an
honest and disinterested part toward the public than a
vile sycophant who, obtaining emoluments from the gov-
ernment far more lucrative than the salary alluded to,
finds his interest in attempting to poison the mind of the
people by propagating and disseminating principles and
sentiments utterly subversive of the true interests of the
country and by flattering and recommending every and
any measure of government, however pernicious and de-
structive its tendency might be to the great body of the
people?" The world is then called upon to judge between
the motives of Freneau and those of Fenno.37

The world probably took very little interest in the mo-
tives of either of the editors, yet it did take the greatest
interest in the names that were soon involved in the con-
troversy that ensued. A struggle between Hamilton and
Jefferson was fraught with issues of the most profound
significance. The triumph of Hamilton meant conserva-
tism and the rule of the classes in America; the triumph
of Jefferson meant radicalism and the rule of the masses.
To be precise and just, we may say that Hamiltonism
meant a strong central government administered in the
English spirit, while Jeffersonism meant a light and easy
central government that would respond readily to the will
of the populace. Both Jefferson and Hamilton honestly
wished to avoid a quarrel, yet a conflict between them was
inevitable. Hamilton by a few inopportune strokes of the

37 National Gazette, July, 1792.

54 The Political Activities of Philip Freneau. [518

pen in a moment of irritation precipitated the contest. In
reply to Freneau's retort he wrote for Fenno's paper, over
the signature " An American," a letter that made peace no
longer possible.

" Mr. Freneau," he said in this letter — thinking and car-
ing nothing about Freneau — " Mr. Freneau should not
escape with the plea that his hostility toward the measures
of government was only a mark of independence and dis-
interestedness." The whole truth in regard to the National
Gazette should be known. That truth for the enlighten-
ment of the world and the discomfiture of Jefferson is then
set forth in these paragraphs:

" Mr. Freneau, before he came to Philadelphia, was em-
ployed by Childs and Swaine, printers of the Daily Adver-
tiser, in New York, in the capacity of editor or superintend-
ent. A paper more devoted to the views of a certain party,
of which Mr. Jefferson is the head than any to be found
in this city was wanted. Mr. Freneau was thought a fit
instrument; a negotiation was opened with him which
ended in the establishment of the National Gazette under
his direction.

" Mr. Freneau came here at once editor of the National
Gazette and clerk for foreign languages in the department
of Mr. Jefferson, Secretary of State; an experiment some-
what new in the history of political manoeuvres in this
country; a newspaper instituted by a public officer and the
editor of it regularly pensioned with the public money in
the disposal of that officer, an example which could not
have been set by the head of any other department with-
out having long since been rung through the United States.
[By the National Gazette, of course.]

" Mr. Freneau is not, then, as he would have it sup-
posed, the independent editor of a newspaper who though
receiving a salary from the government has firmness
enough to express its maladministration; he is the faith-
ful and devoted servant of the head of a party from whose
hands he receives the boon. The whole complexion of

519] The Democratic Editor. 55

this paper exhibits a decisive internal evidence of the in-
fluence of that patronage under which he acts. Whether
the services rendered are equivalent to the compensation
he receives is best known to his employer and himself;
there is, however, some room for doubt. It is well known
that his employer is himself well acquainted with the
French language, the only one of which Mr. Freneau is
the translator and it may be a question how often his aid
is necessary.

" It is somewhat singular too, that a man acquainted
with but one language, engaged in an occupation which it
may be presumed demands his whole attention — the editor
of a newspaper — should be the person selected as the
clerk for foreign languages in the department of the United
States for foreign affairs. Could no person be found ac-
quainted with more than one foreign language? and who in
so confidential a trust could have been regularly attached
to, in the constant employ of the department and imme-
diately under the eye of the head of it? " s

Hamilton then turns from Freneau to Jefferson and
hauls that gentleman over the coals for divers political
iniquities. At the time of Hamilton's attacks, Jefferson
was in Virginia designing geometrical wheelbarrows and
mould-boards of least resistance. He does not seem to
have entered into the melee but was content to let Freneau
and Hamilton fight it out for themselves. Many writers
rushed to his defense, but his own hand was stayed, and
the hand of Freneau even is not apparent in the replies to
Hamilton's attack. Moreover the champions of Jefferson
had their articles printed not in the National Gazette but
in the Daily Advertiser of Philadelphia.

If the reader has recalled the facts connected with Fre-
neau's coming to Philadelphia he will have seen that Ham-
ilton's charges were nothing more than assumptions.
These charges Freneau met in a characteristic way. He

38 Gazette of the United States, Aug., 1792.

56 The Political Activities of Philip Freneau. [520

went before the Mayor of Philadelphia and duly swore:
" That no negotiation was ever opened with him by
Thomas Jefferson, Secretary of State for the establishment
or institution of the National Gazette; that the deponent's
coming to the city of Philadelphia as a publisher of a news-
paper was at no time urged, advised or influenced by the
above officer, but that it was his own voluntary act; that
the Gazette or the Editor thereof was never directed, con-
trolled or attempted to be influenced in any manner either
by the Secretary or any of his friends; that not a line was
ever directly or indirectly written, dictated or composed for
it by that officer, but that the editor had consulted his own
judgment alone in the conducting of it — free, unfettered
and uninfluenced." 39

This solemn and explicit denial by a man whose char-
acter was above reproach would have caused a less pertina-
cious and a more sagacious man than Hamilton to let the
matter drop. But his feelings now had the whip hand of
his judgment and he could not stop. He rushed further
into the blind encounter. He now came forward with the
insinuation that Freneau had sworn to a lie. This he said,
would be just what a pensioned tool would do. How, he
would like to know, was Mr. Freneau able to swear that
Mr. Jefferson never wrote a line for his paper. No editor
who does not himself write every line for his paper can
make any such affirmation as that. Facts were against
Mr. Freneau. He then opens his artillery of facts :

" It is a fact, Mr. Freneau, that you receive a salary as clerk for
foreign languages, and yet you can translate but one language."

" It is a fact that you left New York to become the editor of the
National Gazette."

" It is a fact that your appointment was antecedent to the com-
mencement of your paper." 40

" It is a fact that Mr. Jefferson was in the beginning opposed
to the constitution."

39 Gazette of the United States, Aug., 1792.

40 Freneau's appointment was made Aug. 3, 1791. The first num-
ber of the Gazette appeared Oct. 31, 1791.

521] The Democratic Editor. 57

" It is a fact that that officer arraigns the principal measures of
government."

" From these facts the inferences which are to be drawn are
irresistible. If you had previously been the conductor of a news-
paper in this city — if your appointment had been any considerable
time subsequent to the institution of your paper, there might have
been some room for subterfuge. But as matters stand you have
no possible escape."

" It makes no difference, Mr. Freneau, whether there was a pre-
liminary negotiation or not; there are many facts to presuppose
that such a negotiation did occur, and these facts will be brought
out, sir, if scruples of family connection or the dread of party
resentment do not forbid. And the evidence adduced will be
incontestable. Any honest man must conclude that the relations
that subsist between you and Mr. Jefferson are indelicate, unfit,
and suspicious. Your apology that the meagre compensation
provided renders it necessary for the translator to engage in some
other occupation is inadmissible, for a competent clerk could have
been employed at a full salary, and if his work as a translator did
not occupy all this time, he could have used his surplus time at
some other kind of work in the department. If there had been
difficulty in finding such a man, undoubtedly, you. the editor of a
newspaper should not have been selected, and the fact that you
were selected is a proof of sinister design. The fact that your
predecessor, Mr. Pintard, received but two hundred and fifty
dollars a year and was a newspaper man is not to the point; the
employment of that gentleman was a natural consequence of a
particular situation. These strictures involve you, Mr. Freneau,
but it is confessed that they are aimed at a character of greater
importance in the community." tt

Nothing could be more flimsy and illogical than the
above, and it is strange that an intellect like Hamilton's
should have expressed itself in such a way. It was due
doubtless to the fact that he had begun the controversy in
a mental fog and could not find his way out. He had got
the cart before the horse. On Aug. n, 1792, he made the
charge that Madison had conducted an unworthy negotia-
tion with Freneau, and two days after wrote to Elias Bou-
dinot for an authentication of the charge. "If I recollect
right," Hamilton says to Boudinot, " you told me, that
this, if necessary, could be done; and if practicable it is of

41 Gazette of the United States, Aug., 1792; Hamilton's Works,
vol. v, p. 518.

58 The Political Activities of Philip Freneau. [522

real importance that it should be done. It will confound
and put down a man who is continually machinating
against public happiness." (Not Freneau but Jefferson is
meant.)

" You will oblige me in the most particular manner by
obtaining and forwarding to me without delay the par-
ticulars of all the steps taken by Mr. Madison — the when
and the where — with the liberty to use the name of the
informant. His affidavit to the facts, if obtainable would
be of infinite value."

But behold! "the when and the where" and the "affi-
davit of infinite value," to meet Freneau's affidavit did not
materialize. Boudinot informs him that there is no direct
evidence of a negotiation available; that the gentleman
upon whom he relied for information was more attached
to Freneau than he had supposed and would say nothing;
that there was nothing but hearsay upon which to base
the charge, although he (Boudinot) would do all he could
to get together some evidence.42 Hamilton also wrote to
Jonathan Dayton for " the when and the where " of the al-
leged negotiation, but that gentleman, although desirous
of frustrating the designs of a particular party, could not
comply with his request.

Freneau called for the proof that was promised, declin-
ing to answer charges of a personal nature unless they
were supported by the declarations of persons. But proof
there was none, and Hamilton was driven to the miserable
confession " that the secret intentions of men being in the
repositories of their own breasts it rarely happens and is
therefore not to be expected that direct and positive proof
of them can be adduced. Presumptive facts and circum-
stances must afford the evidence." a

After this graceless acknowledgment that his charges
against Freneau were without proof, Hamilton spared the

42 Hamilton's Works, vol. v, p. 520.

43 Parton's Life of Jefferson, p. 447.

523] The Democratic Editor. 59

editor and applied his bad names to Jefferson direct. The
bringing of Freneau into this quarrel was most unfortunate
to Hamilton's cause and reputation. He stood before the
country convicted of an unwarranted attempt to injure an
innocent private citizen in order that he might punish a
political enemy. And the country did not forgive him.
" He lost something," says Parton, " which is of no value
to an anonymous writer in a presidential campaign, but is
of immense value to a public man — WEIGHT." His
query in Fenno's paper calling in question Freneau's honor
was the beginning of his political downfall. Besides, view-
ed from the standpoint of private morality, Hamilton's at-
tack upon Freneau was very low, for he was himself doing
precisely what he accused Jefferson of doing. He was
supporting a partisan paper by means of the patronage of
his department. Freneau did not fail to bring out the fact
that Fenno was exclusive printer to the treasury depart-
ment, and that his emoluments in that direction were
twenty-five hundred dollars per annum.44 And candid his-
tory brings out another fact still more damaging, to wit,
that Fenno was at times the direct beneficiary of Hamil-
ton's private purse. Not long after the attack upon the
editor of the National Gazette, Fenno wrote to Hamilton
stating that he was in financial straits and that if the hand
of benevolence and patriotism were not speedily extended
to him his career as a printer would be over.45 Hamilton
upon the receipt of the letter wrote to his friend Rufus
King as follows:

"My Dear Sir:

"Inclosed is a letter just received from poor Fenno.
It speaks for itself.

" If you can without delay raise iooo dollars in New
York, I will endeavor to raise another thousand at Phila-

** National Gazette, Sept., 1793.

* Life of Rufus King, vol. x, p. 502.

60 The Political Activities of Philip Freneau. [524

delphia. If this cannot be done we must lose his services
and he will be the victim of his honest public spirit.
" Yours truly,

"A. Hamilton."

" Poor Fenno " continued to publish his Gazette, hence
it is tolerably certain that the " hand of benevolence and
patriotism " was in some way extended.

Either a consciousness of his innocence or his stubborn
nature prevented Freneau from offering an elaborate de-
fense against Hamilton's charges. His biographer there-
fore is not called upon to dwell long upon his exculpation.
As we have seen, Jefferson kept out of the quarrel. His
name as far as possible was kept out of the National Ga-
zette. He was attacked in Fenno's paper and defended in
the Daily American Advertiser, a paper which was as vio-
lent in its republicanism as Freneau's paper. In one of
the articles in the Advertiser in behalf of Jefferson is the
following incidental defense of Freneau:

" Mr. Freneau has the following well-authenticated claim for the
office of Translator. A native of the Middle States, he had been
liberally educated at Princeton. To an accurate knowledge and a
refined taste in the English language, he had added a similar
acquirement in the French, the nation with whom we have the
most intimate relations and whose language has become in a great
measure throughout Europe the general medium of political nego-
tiation. Through life his morals were without blemish and his
conduct in the revolution was that of a sound whig and republican.
Perhaps his sufferings as a prisoner of war may have excited
additional sympathy in his favor. [In the matter of getting an
appointment.] To what trait in his character, to what defect in
his qualification does " American " [Hamilton] object? To his
occupation? and if so, to occupations in general or to printing in
particular? The low rate of pay made it necessary to get one
engaged in some other business. Is printing less honorable, less
beneficial to mankind than all others? Does "American" come
forward to traduce it and lessen it? Vain and unworthy effort!
Whether he had already set up a press or was about to set up one,
— for " American " can have it either way — is a matter of indiffer-
ence. He could not take the clerkship without the aid of the press.
The objection in the point of influence, if the characters in question
were capable of it, is scarcely worthy of notice. The office was
created by law and a salary attached to it. If the person appointed

The Democratic Editor. Gl

performs these duties, what other claim can the principal have
upon him? Degraded indeed would be* the condition of a free-
man, if an appointment to an office carried with it low subservience
to the Superior. It is treasonable to infer that any such sub-
servience exists between a superior and his subordinate and a
great injustice has been done both Jefferson and Freneau by
' American.' " 40

We cannot let the Hamilton-Freneau-Jefferson quarrel
drop without giving Jefferson's version of the affair.
Washington had called his two secretaries to task for their
bickerings and implored them in the name of the country
to cease from their strife. Jefferson answered at consid-
erable length the charge that he had set up the National
Gazette and that Freneau was his hireling:

" While the government was at New York I was applied to on
behalf of Freneau to know if there was any place within my
department to which he could be appointed. I answered there
were but four clerkships, all of which I found full and continued
without any change. When we removed to Philadelphia, Mr.
Pintard. the translating clerk, did not choose to remove with us.
His office then became vacant. I was again applied to there for
Freneau and had no hesitation to promise the clerkship to him.
I cannot recollect whether it was at the same time or afterwards,
that I was told he had a thought of setting up a paper there.47 But
whether then or afterwards, I considered it a circumstance of
some value, as it might enable me to do what I had long wished
to have done, that is to have the material parts of the Leyden
Gazette brought under your eye, and that of the public, in order
to possess yourself and them of a juster view of the affairs of
Europe, than could be obtained from any other public source.
This I had ineffectually attempted through the press of Mr. Fenno.
while in New York, selecting and translating passages myself at
first, then having it done by Mr. Pintard, the translating clerk,
but they found their way too slowly into Fenno's paper. Mr.
Bache essayed it for me in Philadelphia, but his being a daily
paper did not circulate sufficiently in other states. He even tried,
at my request, the plan of a weekly paper of recapitulation from
his daily paper, on hopes it might go into the other States, but
in this, too, we failed. Freneau as translating clerk and the

40 American Daily Advertiser, Oct., 1792.

47 We cannot gather from the correspondence whether it was
before or afterwards. The offer was made Feb. 28, 1791. A letter
from Madison, May, 1791, reads as if Jefferson was aware of
Freneau's intention.

62 The Political Activities of Philip Freneau. [526

printer of a periodical paper likely to circulate through the states
(uniting in one person the parts of Pintard and Fenno) revived
my hopes that they could at length be effected. On the establish-
ment of his paper, therefore, I furnished him with the Leyden
Gazettes with an expression of my wish that he could always
translate and publish the material intelligence they contained, and
have continued to furnish them from time to time as regularly as
I have received them. But as to any other direction or any indica-
tion of my wish how his press shotild be conducted, what sort of
intelligence he should give, what essays encourage, I can protest in
the presence of Heaven that I never did by myself or any other,
or indirectly say a syllable nor attempt any kind of influence. I can
further protest in the same awful presence, that I never did by
myself or any other, directly or indirectly write, dictate, or procure
any one sentence or sentiment to be inserted in his or any other
gazette, to which my name was not affixed or that of my office.
I surely need not except here a thing so foreign to the present
subject as a little paragraph about our Algerian captives, which I
once put into Freneau's paper.

" Freneau's proposition to publish a paper having been about
the time that the writings of Publicola and the discourses of
Davilla had a good deal excited the public attention, I took for
granted from Freneau's character, which had been marked as that
of a good whig, that he would give free place to pieces written
against the aristocratical and monarchical principles these papers
had inculcated. This having been in my mind, it is likely enough
I may have expressed it in conversation with others, though I do
not recollect that I did. To Freneau I think I could not, because
I still had seen him but once and that was at a public table, at
breakfast at Mrs. Elsworth's, as I passed through New York the
last year. And I can safely declare that my expectations looked
only to the chastisement of the aristocratical and monarchical
writings, and not to any criticism on the proceedings of govern-
ment. Colonel Hamilton can see no motive for any appointment
but that of making a convenient partizan. But you, sir, who have
received from me recommendations of a Rittenhouse, Barlow,
Paine, will believe that talents and science are sufficient motives
with me in appointments to which they are fitted, and that Freneau
as a man of genius, might find a preference in my eye to be a
translating clerk and make a good title to the little aids I could
give him as the editor of a Gazette by procuring subscriptions to
his paper as I did some before it appeared, and as I have done
with pleasure for other men of genius. Col. Hamilton, alias
' Plain Facts,' says that Freneau's salary began before he resided
in Philadelphia. I do not know what quibble he may have in
reserve on the word ' residence.' He may mean to include under
that idea the removal of his family; for I believe he removed
himself before his family did to Philadelphia. But no act of mine
gave commencement to his salary before he so far took up his

527] The Democratic Editor. 63

abode in Philadelphia as to be sufficiently in readiness for his
duties of his place. As to the merits or demerits of his paper
they certainly concern me not. He and Fenno are rivals for the
public favor. The one courts them by flattery, the other by
censure, and I believe it will be admitted that the one has been as
servile as the other severe. No government ought to be without
censors; and where the press is free, no one ever will."48

This solemn and semi-official history of the establish-
ment of the National Gazette agrees perfectly with the
facts as they have hitherto been related in these pages. It
agrees with the account given by James Madison,'18 with
the sworn statement of Freneau, and it must stand as true
history until evidence is produced to shake it. Freneau
was the independent editor of an independent paper.

The charge of perjury with which Hamilton tried to
blacken Freneau's character, aroused the resentment of
the poet and excited the editor to the fullest exercise of
his license.60 If the federalists had heretofore been
scourged with whips, they were now scourged with scor-
pions. Every phase of their policy was assailed in the Na-
tional Gazette most bitterly, most fearlessly, and with a
persistence that was as relentless as fate. The senate held
its sessions with closed doors. The Gazette attacked these
doors with a crow-bar. Appealing to Hamilton's " great
beast " — the people — it says :

A motion for opening the doors of the senate chamber has
again been lost by a considerable majority — in defiance of instruc-
tion, in defiance of your opinion, in defiance of every principle

48 Writings of Jefferson, vol. vi, pp. 106-108.
48 Writings of Madison, vol. i, pp. 569-570.

50 Fenno continued to cast discredit upon Freneau's oath.
" Enquirer " wanted to know if Freneau took the oath reverently,
if he kissed the holy evangel in a pious manner. The correspond-
ent suspects that instead of kissing the Bible he saluted with
reverence a copy of Jefferson's " Notes on Virginia." A doubting
rhymester thus delivered himself:

To many a line in humble prose
Thy voice is wont to swear,
And once to shame thy patron's foes
Didst lie before the mayor.
Gazette of the United States, Aug., 1792.

64 The Political Activities of Philip Freneau. [528

which gives security to free men. What means this conduct?
Which expression does it carry strongest with it, contempt for
you or tyranny? Are you freemen who ought to know the indi-
vidual conduct of your legislators, or are you an inferior order
of beings incapable of comprehending the sublimity of senatorial
functions, and unworthy to be entrusted with their opinions? How
are you to know the just from the unjust steward when they are
covered with the mantle of concealment? Can there be any ques-
tion of legislative import which freemen should not be acquainted
with? What are you to expect when stewards of your household
refuse to give account of their stewardship? Secrecy is necessary
to design and a masque to treachery; honesty shrinks not from
the public eye."

" The Peers of America disdain to be seen by vulgar eyes, the
music of their voices is harmony only for themselves and must
not vibrate in the ravished ear of an ungrateful and unworthy
multitude. Is there any congeniality excepting in the administra-
tion, between the government of Great Britain and the government
of the United States? The Senate supposes there is, and usurps
the secret privileges of the House of Lords. Remember, my
fellow citizens, that you are still freemen; let it be impressed upon
your minds that you depend not upon your representatives but
that they depend upon you, and let this truth be ever present to
you, that secrecy in your representatives is a worm which will
prey and fatten upon the vitals of your liberty.51

Freneau could be trusted to keep the " truth ever pres-
ent " before the mind of the public, and after little more
than a year of agitation the doors of the senate were
opened to the public and secrecy no longer preyed upon
the vitals of liberty. His hostility to Hamilton's National
Bank scheme was equally pronounced. To a " Truly
Great Man " (Washington) he addresses these lines :

George, on thy virtues often have I dwelt,
And still the theme is grateful to mine ear,
Thy gold let chemists ten times even melt
From dross and base alloy they'll find it clear.

Yet thou'rt a man — although perhaps, the first,
But man at best is but a being frail;
And since with error human nature's curst,
I marvel not that thou shouldst sometimes fail.

That thou hast long and nobly served the state
The nation owns, and freely gives thee thanks,
But, sir, whatever speculators prate,
She gave thee not the power to establish BANKS.

61 National Gazette, Feb., 1792.

529] The Democratic Editor. 65

Probably to no other influence was the final downfall of
the National Bank more directly traceable than to the ha-
tred for it which was inspired in the minds of the people
by the National Gazette. Freneau was now the leading
editor in America. He was the oracle for all editors of
humble democratic sheets. In the south, where there
were but few newspapers, it was the only paper that had a
general circulation.52 The leaders of the republican party
left no stone unturned to get it among the people, and the
fifteen hundred copies of its circulation were sent where
they would do the most good. In the small papers of the
country extracts from it were published as coming from a
sacred source. Examine a democratic paper of the time
and the chances are that you will find in it a clipping from
the National Gazette and when the extract is found, the
chances are still great that it is an attack upon the National
Bank.53 Public opinion was in a formative state when
Freneau attacked the bank scheme, and the seeds of en-
mity to it which he sowed fructified in its destruction.

The strength of the paper, however, is to be found in
its democracy and in its perpetual harping upon the theme
of federal enmity to republican government and federalist
love of monarchy. There may have been no intention in
the minds of the federal leaders to abandon republican
forms of government as soon as expedient, yet Freneau be-
lieved there was and made the people believe there was;
and that was all that was necessary for the success of
democracy.

Jefferson, as we shall see, could not be induced even by
Washington to forsake Freneau, and we are not surprised
at his loyalty, for Freneau was a thorough Jeffersonian,
and in the Gazette Jefferson's opinions were reflected as in

52 In Virginia, in 1791, there were nine newspapers; in South
Carolina, three; in North Carolina, two; and in Georgia, two.
National Gazette, Nov., 1791.

03 One of the charges against the Gazette was that it was circu-
lated in every state. National Gazette, March 27, 1792.
37

66 The Political Activities of Philip Freneau. [530

a mirror. We can imagine the pleasure of the great demo-
crat in the little sentiments from Paine and Rousseau which
sparkled in the columns of the Gazette; or this morsel of
an epitaph for the tomb of Frederick the Great:

Here lies a king, his mortal journey done,
Through life a tyrant to his fellow-man;
Who bloody wreaths in bloody battles won —
Nature's worst savage since the world began.64

In January, 1793, " Louis Capet lost his caput " — as the
irreverent Boston Argus put it — and France was declared
a republic. In May of the same year, citizen Genet, the
embassador of the new republic after an almost triumphal
journey northward from Charleston, arrived in the city of
Philadelphia amid the roar of cannon and the acclamations
of a noisy populace. War had just been declared by
France against England and the ebullient minister was
sent by his government to awaken the sympathy and se-
cure the aid of America in behalf of France. His mission
began with the brightest prospect of success. Farmers
and merchants offered him provisions at a lower price
than they would sell them to the agent of any other na-
tion. Six hundred thousand barrels of flour were at his
disposal.65 When he passed through a city, enthusiastic
lovers of France crowded the avenues shouting for the lib-
erty of the nation that had helped America to secure her
own freedom. At Philadelphia three thousand went out to
Dobb's Ferry to meet the representative of the sister re-
public; while a counter demonstration, gotten up by the
lovers of England, numbered barely three hundred. Genet
was banqueted on every possible occasion and toasted
sometimes when a toast to Washington was forgotten.
Men put on the tri-colored cockade, joined Jacobin clubs,
and restricted the form of salutation to " citizen."

Citizen Freneau was with the French heart and soul.
The French cause was dear to him for sentimental reasons

04 Freneau's Poems. 55 National Gazette, May, 1793.

531] The Democratic Editor. 67

as well as for political, for, as De Lancey says, " although
he belonged to the third generation of his family in Ameri-
ca, he was as thorough a Frenchman as if he had been
born under the sunny skies of Provence or had drawn his
first breath amid the Bordelais or beneath the lofty tower
of an ancient chateau of historic Normandy." H With the
warmth of a Frenchman and the boldness of an American
he threw the influence of his paper upon the side of the
French party. The interests of America became in his
mind identical with the interests of France. He believed
with John Dickinson that if " France did not succeed in
her contest every elective republic upon earth would be
annihilated and that the American republic would be
crushed at once." As between France and England it was
impossible for Freneau's fervid and positive mind to pro-
fess neutrality. " When of two nations the one has en-
gaged herself in a ruinous war for us, has spent her blood
and money for us, has opened her bosom to us in peace
and has received us on a footing almost with her own citi-
zens, while the other has moved heaven and earth and
hell to exterminate us in war, has insulted us in all her
councils, in peace shut her doors to us in every port where
her interest would admit it, libelled us in foreign nations,
endeavored to poison them against the reception of our
most precious commodities: to place these two nations on
an equal footing is to give a great deal more to one than
to the other, if the maxim be true that to make unequal
quantities equal you must add more to one than to the
other. To say in excuse, that gratitude is never to enter
into the notions of national conduct is to revive a principle
which has been buried for centuries, with its kindred prin-
ciples of the lawfulness of assassination, perjury and poi-
son." " That is the way the matter appeared to Jefferson;
Freneau's feelings upon the subject were still stronger.

50 Edward F. De Lancey in Proceedings of the Huguenot Soc.
"Jefferson's Works, vol. iii, p. 98.

68 The Political Activities of Philip Freneau. [532

But the president decided that it was no time for grati-
tude and declared by proclamation that the United States
should pursue an impartial course and should grant noth-
ing to France that was not granted to England also. A
storm of disapproval burst upon the president's head
when this proclamation was published. Of all the voices
that were lifted up against his policy, none was louder and
none was more distinctly heard by the president or gave
him more discomfiture than the voice of Freneau. " Sir,"
said the editor to the president, " Sir, let not, I beseech
you, the opiate of sycophancy, administered by interested
and designing men, lull you into a fatal lethargy at this
awful moment. Consider that a first magistrate in every
country is no other than a public servant whose conduct
is to be governed by the will of the people." 5i

When Genet had brought upon himself the united oppo-
sition of the administration and had alienated many of his
supporters by his high-handed actions and by his boast
that he would appeal from the president to the people,
Freneau stood by him and supported him to the last.
" Why all this outcry," he said, " against Mr. Genet, for
saying he would appeal to the people? Is the president a
consecrated character that an appeal from him must be
considered criminal? What is the legislature of the union
but the people in congress assembled? And is it an
affront to appeal to them? The minister of France, I
hope will act with firmness and with spirit. The people
are his friends, or rather the friends of France, and he will
have nothing to apprehend, for as yet the people are sov-
ereign in the United States. Too much complacency is an
injury done his cause, for as every advantage is already
taken of France (not by the people) further condescension
may lead to further abuse. If one of the leading features
of our government is pusillanimity, when the British lion
shows his teeth, let France and her minister act as becomes

68 National Gazette, June, 1793.

533] The Democratic Editor. 69

the dignity and justice of their cause and the honor and
faith of nations."

This was strong language and it affected Washington
powerfully. Before this French interference he had never
been crossed in his policy, and criticism went hard with
him. " By God," he said in one of those passions that
sometimes took possession of him, " By God that he had
rather be in his grave than in his present situation. That
he had rather be on his farm than to be made emperor of
the world; that that rascal Freneau, sent him three copies
of his paper every day, as if he thought he would become
the distributor of his paper; that he could see nothing in
this but an impudent design to insult him." 60

Washington was so sensitive and fretful upon the sub-
ject of Freneau that he intimated to Jefferson that it would
be agreeable to him if the secretary would withdraw Fre-
neau's appointment as translating clerk. " But I will not
do it," said Jefferson. " His paper has saved our consti-
tution which was galloping fast into monarchy, and has been
checked by no one means so powerfully as by that paper.
It is well and universally known that it has been that
paper which has checked the career of the monocrats and
the president has not with his usual good sense looked
upon the efforts and effects of that free press and seen that
though some bad things have passed through it to the
public, yet the good have preponderated immensely."

Jefferson could have discharged Freneau but he could
not have silenced him. The sturdy editor had taken up
the French cause for its own sake and without regard to
consequences. His perfect independence in the manage-
ment of his paper is attested to indirectly by Jefferson in a
letter written to Madison after Genet had been abandoned
by the more discreet republicans. Speaking of Genet,
Jefferson says in this letter: " He has still some defend-

National Gazette, July, 1793.
Jefferson's Works, vol. i, p. 231

70 The Political Activities of Philip Freneau. [534

ers in Freneau's and Greenleaf's papers. Who they are
I do not know." 61 This was written after Jefferson had
abandoned Genet. Does the language imply subserviency
upon the part of Freneau? If the National Gazette had
been under the control of Jefferson would it have con-
tinued to support a cause after its master had withdrawn
his support from the cause?

Besides being its greatest literary champion, Freneau
was in other ways a conspicuous figure among the pro-
moters of the French cause. His editorial office was a
rendezvous for French sympathizers; he solicited and col-
lected funds to be sent to France, acting as agent for the
" French Society of Patriots of America." 62 At the not-
able civic feast given in Philadelphia in honor of Genet an
ode in French was read, and Citizen Freneau was requested
to translate it into English. This the poet did in an un-
commonly careless and unhappy fashion.

Historians have the habit of abusing Freneau for the
part he played in the French incident and they are espe-
cially severe when they animadvert upon his opposition
to Washington. It is difficult to see why this habit has
not been laid aside. Freneau as a partisan of France had
for company the greatest and wisest of the land, patriots
and statesmen and scientists. The heart of America, its
generosity, its justice, its pride, its gratitude were all on
the side of giving assistance to the French. Policy alone
dictated neutrality. Freneau, knowing nothing of policy,
and failing to appreciate the wisdom of Washington's
course, resisted the government in its effort for neutrality.
Washington as the head of the government could not
escape criticism, and Freneau did not spare him. Yet
Freneau's part in the widespread and violent opposition to
Washington has been grossly misrepresented. After read-
ing the story of the French episode as it is usually told,

61 Jefferson's Works, vol. i, p.
02 National Gazette, July, 1793.

535] The Democratic Editor. 71

one would expect to find the National Gazette filled with
scandalous and scurrilous attacks upon the president. As
a matter of fact one will find there nothing of the kind.
There are some pretty sulphurous passages in that paper,
and no wonder. There were blows to give as well as blows
to take. When Fisher Ames spoke of those who sup-
ported the French cause " as salamanders that breathed
only in fire, as toads that sucked in no aliment from the
earth but its poison, as serpents that lurked in their places
the better to concoct their venom," ra — when a federalist
talked that way about French democrats in America, we
can scarcely expect the reply of the democrat to be as
gentle as the cooing of a dove. But the savage passages
in the National Gazette are not directed against Washing-
ton. The most offensive paragraph that can be found in
Freneau's paper is, unquestionably, one that comments
upon the president's proclamation of neutrality. It reads:
" I am aware, sir, that some court satellites may have
deceived you with respect to the sentiment of your fellow
citizens. The first magistrate of a country whether he be
called king or president seldom knows the real state of a
nation, particularly if he be so buoyed up by official im-
portance as to think it beneath his dignity to mix occa-
sionally with the people. Let me caution you, sir, to be-
ware that you do not view the state of the public mind at
this critical moment through a fallacious medium. Let not
the little buzz of the aristocratic few and their contempt-
ible minions of speculators, tories and British emissaries,
be mistaken for the exalted and generous voice of the
American people." The ugliest and coarsest sentence that
Freneau published against Washington is to be found in
the paragraph just quoted. It was most certainly not writ-
ten by Freneau, yet he must be held responsible for it.
When it is examined and compared with other pasquinades
of the time it must be admitted that its tone was mild and

03 Fisher Ames' Works, vol. ii.

72 The Political Activities of Philip Freneau. [536

decent. It is equally mild and decent when compared with
editorial utterances of our own day.

Personally Freneau shared the general regard and rev-
erence for Washington, and he let no opportunity slip for
paying tribute to the great man. If placed together, the
verses written by Freneau in Washington's praise would
make a comfortable little volume. Even when the French
trouble was at its height, he could see the greatness of the
man, for, in June, 1793, when Washington was probably
the most unpopular man in America, the poet forgot his
partisanship far enough to publish in his Gazette a grace-
ful and inspiring ode written in the president's praise.

Yet Freneau did not make an idol of Washington. His
working hypothesis was that the president was a man after
all, and he had but little patience with those who affected
to see in Washington a god. It was the fashion in high
federal circles to twist every anti-federal sentiment or
movement into treason to Washington. " Would to God
this same Washington were in heaven," cried Senator
Maclay, disgusted with what he thought was Washington-
worship. " We would not then have him brought forward
as the constant cover to every unconstitutional and irre-
publican act." 64 When soon after Washington's death ex-
travagant and even blasphemous encomiums appeared
from every quarter, Freneau thus rebuked their fulsome-
ness:

One holds you more than mortal kind,

One holds you all ethereal mind,

This puts you in your Savior's seat

That makes you dreadful in retreat.

One says you are become a star,
One makes you more resplendent far;
One sings that when to death you bowed
Old mother nature shrieked aloud.

We grieve to see such pens profane
The first of chiefs, the first of men;
To Washington — a man who died —
Is "Abba, father," well applied!

64 Maclay's Journal, p. 351.

537] The Democratic Editor. 73

He was no god, ye flattering knaves,

He " owned no world," he ruled no waves.

But — and exalt it if you can —

He was the upright HONEST MAN.

In the autumn of 1793, Philadelphia was stricken by a
deadly plague. A putrid yellow fever broke out in the
city and thousands of victims perished. Half of the popu-
lation fled into the country. Government offices were
closed and business came to a standstill. In the general
depression that accompanied the pestilence Freneau suf-
fered with others. His list of talents did not include a
talent for business and the finances of his paper were badly
managed. Subscribers though often dunned failed to re-
mit; and it was upon subscriptions that the paper chiefly
depended, for the editor scrupulously refused to allow ad-
vertisements to encroach upon the space allotted to read-
ing matter.

On the 26th of October, the following notice was in-
serted in the Gazette:

With the present number (208) conclude the second volume and
second year's publication of the National Gazette. Having just
imported a considerable quantity of new and elegant type from
Europe, it is the editor's intention to resume the publication in a
short time — at the opening of the next congress.
Please send in subscriptions.
S^" Printers of newspapers may no longer send in exchange
until further notice.

About the time of the discontinuance of the newspaper,
Jefferson resigned his office, and Freneau was compelled
to resign his clerkship in the department of state. It is
not absolutely certain that a bankruptcy wound up the
affairs of the Gazette. The yellow fever may have driven
out Freneau as it drove out thousands of others. Jeffer-
son writing to Randolph said: " Freneau's paper is dis-
continued. I fear it is the want of money. I wish the
subscribers in our neighborhood would send in their
money."65 In a letter to Wm. Giles, Freneau says: " Sev-

85 Jefferson's Works, vol. vi, p. 428.

74 The Political Activities of Philip Freneau. [538

eral unfavorable circumstances have determined me to a
final discontinuance of the National Gazette." b,; Precisely
what the unfortunate circumstances were we do not know.
Three causes for abandoning the Gazette are suggested by
the facts : Shortage in subscription money, the prevalence
of the yellow fever, and the loss of government patronage
and of his clerkship through Jefferson's resignation. The
publication of the paper was never resumed. Freneau as
an editor had done his work.

What was that work? What was the mission of the Na-
tional Gazette? What was its influence upon American
politics and upon the American mind?

We have considerable material from which we may draw
answers to these questions, for politicians have expressed
themselves freely regarding the National Gazette. For
Hamilton's opinion of the paper we are prepared: "As to
the complexion and tendency of that Gazette a reference
to itself is sufficient No man who loves the government
or is a friend to tranquility but must reprobate it as an in-
cendiary and pernicious publication."67 And again: "If
you have seen some of the last numbers of the Gazette you
will perceive that the plot thickens and that something
very like a serious design to subvert the government dis-
closes itself." To Hamilton's mind, then, the Gazette was
a most dangerous foe to the government — which happened
to be the federalist party.

The testimony of John Adams regarding the influence
of Freneau is interesting. " We Federalists," he wrote to
Benjamin Stoddard, " are completely and totally routed
and defeated. If we had been blessed with common sense
we would not have been overthrown by Freneau, Duane,
Callendar or their great patron and protector." 68 In a

00 From a letter in the possession of the Pennsylvania Historical
Association.

07 Hamilton's Works, vol. vii, p. 32.
88 John Adams' Works, vol. viii, p. 514.

539] The Democratic Editor. 75

letter to Thomas Jefferson,03 Adams says: "What think
you of terrorism, Mr. Jefferson? I shall investigate the
motive, the incentive to these terrorisms. I shall remind
you of Philip Freneau, Lloyd, Ned Church," etc. — naming
other partisan writers. Late in life the aged statesman
said: " The causes of my retirement are to be found in the
writings of Freneau, Markoe, Xed Church " 7J — and other
troublesome newspaper men." It will be seen that when
Adams begins to name the writers that have injured his
political fortunes, he always puts Freneau at the head of
the list. The Editor of the National Gazette seems to
have lain like an incubus upon his life. For the year 1791
there is but one entry in his diary and that is a jotting re-
specting the National Gazette. In writing to Tristam
Dalton in 1797 Adams says: "I have ever believed in
his [Jefferson's] honor, integrity, love of country and
friends. I may say to you that his patronage of Paine and
Freneau is and has long been a source of inquietude and
anxiety to me." 71 When it assailed Washington, Adams re-
joiced, saying that he himself had held the post of libellee-
general long enough. The following verses are a sample
of the writings that Adams found so destructive of his
peace :

TO A WOULD-BE GREAT MAN.
Cert at tergeminis tollere honoribus.

Daddy vice, Daddy vice,

One may see in a trice
The drift of your fine publication;

As sure as a gun,

The thing was just done
To secure you — a pretty high station.

Defenses you call

To knock down your wall
And shatter the STATE to the ground, sir.

So thick was your shot,

And hellish fire-hot
They've scarce a whole bone to be found, sir.

63 John Adams' Works, vol. ix, p. 582.

70 John Adams' Works, vol. iii, p. 414.

71 Ford's Writings of Jefferson, vol. vii, p.

76 The Political Activities of Philip Freneau. [540

When you tell us of kings,
And such petty things,
Good Mercy! how brilliant your pages!
So bright in each line
I vow now you'll shine —
Like — a glow worm to all future ages.

On Davilla's ~'~ page

Your Discourses so sage
Democratical numskulls bepuzzle
With arguments tough

As white leather or buff,
(The republican Bull-dog to muzzle).

Fisher Ames expressed his view of Freneau's paper as
a factor in politics in these words : " The manifestoes of
the National Gazette indicate a spirit of faction that must
soon come to a crisis. Every exertion is made through
their (the republicans') Gazette to make the people as fu-
rious as themselves." 73

Timothy Dwight of Hartford, " the Metropolitan see of
Federalism," upon reading the Gazette was moved to ex-
press himself thus: "Freneau your printer, linguist, etc.,
is regarded here as a mere incendiary and his paper is a
public nuisance." 74

Oliver Wolcott was not quite so severe but he hits the
nail pretty squarely on the head when he said that it was
the settled purpose of the National Gazette to destroy the
popularity of the leading men of our country.75

Rufus King complained that the censures of the Na-
tional Gazette were creating a dissatisfaction with the gov-
ernment.78

Freneau's friends have not placed on record as much
evidence of the great influence of the Gazette as his ene-
mies have left; yet they have not been silent. We have
already seen that Jefferson estimated the Gazette as being

72 Adams' Discourses of Davilla — a treatise defending strong
government.

73 Fisher Ames' Works, vol. i, p. 128.

74 Gibbs' Washington's and Adams' Administration, vol. i, p. 109.

75 Ibid. 7e Life and Correspondence of Rufus King.

541] The Democratic Editor. 77

one of the strongest influences in American politics. In
his judgment, it was the Gazette that saved the United
States from drifting into monarchy. The great democrat
watched the paper with an anxious eye and its success
brought him the highest satisfaction. " Freneau's paper,"
he wrote to a friend, " is getting into Massachusetts under
the patronage of Hancock and Samuel Adams, and Mr.
Ames the colossus of the monocrats, will either be left out
or have a hard run. The people of that state are republi-
can, but hitherto they have heard nothing but the hymns
and lauds of Fenno." "

James Madison was also gratified at the work which his
old friend was doing in the cause of democracy. " Fre-
neau's paper," he said, "justifies the expectations of his
friends and merits the diffusive circulation they have en-
deavored to procure it." 78

From the contemporaries of the National Gazette, we
may glean some matter that will enable us to form a judg-
ment as to the part it played in the propaganda of demo-
cratic doctrine. In the unfriendly Connecticut Courant we
find this tribute to its influence: "From the National
Gazette whence in streams pure and smoking like a drain
from a whiskey distillery it is conveyed to reservoirs es-
tablished in every part of the community."79

In the friendly Independent Chronicle, of Boston, we
read: "As the friends of civil liberty wish at all time to
be acquainted with every question which appears to regard
the public weal, a great' number of gentlemen in this and
neighboring towns have subscribed for Mr. Freneau's Na-
tional Gazette." 80

The Halifax Journal of North Carolina attributes the de-
feat of Mr. Adams in that state to the discussion of his
career in the columns of Freneau's paper. The South

77 Jefferson's Works, vol. iii, p. 491.

78 Madison's Works, vol. iv, p. 543.
70 Connecticut Courant, 1792.

80 Boston Independent Chronicle, 1793.

78 The Political Activities of Philip Freneau. [542

Carolina Gazette was so enraged by Freneau's opposition
to the measures of government, that it called for his pun-
ishment.

These utterances of friends and foes ought to give us
a fairly correct notion of Freneau's place in the history oi
our politics. They teach us that he was hated and feared
as the greatest editor of the democratic party. His paper
was published in the seed-time of democracy in America.
The soil of party politics was virgin and Freneau sowed
with a lavish hand. To the federalist mind it seemed that
the seeds he was sowing were dragons' teeth which would
one day spring up as giants and destroy society and gov-
ernment. Society and government were not injured by
the principles advocated by the editor, but the federalist
party was.

The part Freneau played in the making of democratic
sentiment may be summed up as follows :

i. He was the ablest champion of what is known as " Jef-
fersonian simplicity." The war which he waged upon
titles, distinctions, and court-like ceremonies was success-
ful and decisive.

2. Through his paper the strongest opposition to Ham-
ilton's centralizing schemes found expression. If Freneau
had not early checked Fenno, it may be that loose con-
struction would have run away with the constitution.

3. Freneau's paper did much to give a French coloring
to our political philosophy. The doctrines of liberty, fra-
ternity, equality, of equal rights to all and special privi-
leges to none, was unwelcome to many American minds in
Freneau's day, yet this was the keynote of all Freneau's
writings. The editor of the National Gazette was the
schoolmaster who drilled Jeffersonian or French Democ-
racy into the minds — willing or unwilling — of the Ameri-
can people.

Freneau's place in the history of journalism is distinct
and eminent. He is the prototype of the partisan editor...

543] The Democratic Editor. 79

A recent student of the history of American journalism
thus speaks of him:

" Xext to Washington, Jefferson and Hamilton, one
figure assumes a prominence superior to that of all others
engaged in the political contest, not so much perhaps by
the weight of his intellect as by his versatility and vivacity
and the keenness and the readiness of the weapons he
brought to the contest. We refer to Philip Freneau.
What Tyrtaeus was to the Spartan was Freneau to the re-
publicans or anti-federalists. In all the history of Ameri-
can letters or of the United States press there is no figure
more interesting or remarkable, no career more versatile
and varied than that of Philip Freneau."81

81 Magazine of American History, vol. xvii, p. 121.

CHAPTER IV

THE POET OF THE WAR OF 1812

Freneau had just entered his forties when he ceased to
publish the National Gazette. He had given two of the
best years of his life to that paper, but there was a long
span still before him. Immediately upon leaving Philadel-
phia he went to Charleston, South Carolina, to visit his
brother Peter. Peter Freneau was a democratic editor
of repute, the Secretary of State of South Carolina, and
Jefferson's political manager in that state. Philip was well
received in Charleston and he made friendships while there
which were genuine and lasting.

After a pleasant sojourn of several months in the South,
Freneau returned to his New Jersey home. There he
spent a year or two doing nothing of importance, unless it
was to write an occasional attack upon the government and
print it in Bache's " Aurora," — just to let John Adams
know that Philip Freneau was still living. With letters
in his pocket from Jefferson and Madison recommending
him for " his sound discretion and extensive information "
the editor applied for the managership of a projected
newspaper in New York, but nothing came of that
scheme.1 We may remember that when he closed up the
affairs of the National Gazette he had on hand " a consid-
erable quantity of new and elegant type." This type he
seems to have removed to his old home in Mount Pleasant,
near Middletown Point (now Mattawan), New Jersey,
where he set up as a practical country printer. Following
the bent of his genius he tried journalism again, this time
in the role of a country editor. May 2, 1795, he printed

1 Hudson's History of Journalism, p. 187.

545] The Poet of the War of 1812. 81

the first number of the " Jersey Chronicle." A copy of
this quaint journal is preserved in the library of the New
York Historical Society. It is a little typographical fail-
ure, in the form of a quarto, precisely seven inches by eight.

Freneau made his bow to his rural constituents in these
lines: "The Editor in the publication of this paper pro-
poses among other things to present his readers with a
complete history of the foreign and domestic events of the
times, together with such essays, remarks, and observa-
tions as shall tend to illustrate the politics or mark the
general character of the age and country in which we live."
We learn also from the paper that P. Freneau was ready
and willing to print Handbills and Advertisements at the
shortest notice, and upon the most reasonable terms. The
political tone of the Chronicle was of course democratic,
and the editor never failed to deal an opportune blow at
the political aspirations of John Adams and Alexander
Hamilton.

But the chronicle did not prosper. " Newspapers,"
says Hudson, " have not made their mark in New Jersey as
in many of the old states. Situated between New York
and Philadelphia, it has been placed in a position to enjoy
the news facilities of those two cities." ' After a year of
struggle the editor announced the discontinuance of the
paper, embracing the opportunity " to return his sincere
thanks to such persons as had favored him with their sub-
scriptions and had by their punctuality enabled him to
issue a free, independent and republican paper."

Another literary venture of 1795 was more successful.
Having collected all his poems he published such as he
deemed worthy in an octavo volume at his own press.
The motley type that greets the eye in this interesting vol-
ume was probably set by the poet's own hands. This is
the most important edition of Freneau's poetical works
that we have. It contains nearly three hundred poems
written in almost every variety of metre and is " a treasury

2 Hudson's Journalism in the United States, p. 187.
38

82 The Political Activities of Philip Freneau. [546

of song, tale, satire, epigram and description." In this
leather-bound, worm-eaten volume is to be found nearly
all that is good, as well as nearly all that is inferior in
Freneau. The inferior forms the larger part of the book,
to be sure, but there is enough genuine poetry scattered
through the volume to keep it utterly from perishing. His
volume of 1787 has been deemed worthy of being reprinted
in recent years; the volume of 1795 is still more worthy of
being rescued from oblivion.

Freneau was not at all disheartened by the failure of the
Chronicle. He had lived all his life amid the wreck of
newspapers, and for one to go down was to him the most
natural thing in the world. Hardly had the little rustic
sheet succumbed than he tried his luck again. In March,
1797, in the city of New York, he offered to the reading
public the first number of his "Time-Piece and Literary
Companion."

This paper was to be a " vehicle for the diffusion of lit-
erary knowledge, news, and liberal amusement in general."
At first Freneau associated with him as printer one A.
Menut, a Canadian. Menut in a short time dropped out
and M. L. Davis, a democratic politician of some import-
ance, took his place. Freneau and Davis managed (or
mismanaged) the paper until March, 1798, when Freneau
withdrew and left Davis the sole manager. Davis kept
the paper going until August, 1798, when the Time-Piece
went the way of the other ventures.

The Time-Piece is an interesting potpourri of literary
performances, ranging from discussions upon the cultiva-
tion of pumpkins, to schemes for the reorganization of so-
ciety upon principles of natural right. The political senti-
ments of the paper were of the purest Jeffersonian quality.
It declared for rotation in office, pure and frequent elec-
tions, a free church, a free press, and the abolition of entails.
As one turns over the leaves of this rare file one cannot but
praise the versatility and tact of the editor in catering to
the public taste.

When the yellow fever broke out in Philadelphia, Fre-

547] The Poet of the War of 1812. 83

neau had removed his family to his old home in Mount
Pleasant where a portion of his inheritance still remained
to him. In this quiet village (the name of which, by the
way has recently been changed to Freneau) the poet, when
not upon the sea, spent most of the remaining years of his
life. In his retirement his literary activity did not cease.
The magazines of the day welcomed his poetry and he
contributed to them constantly. Among those occasional
pieces we find one upon the death of Washington. It is
a gracious tribute, and bespeaks magnanimity and large-
heartedness; for the truth is, Freneau had no reason to
love Washington. The country, however, had reason to
love its great chief, and Freneau sang the songs of his
country.

As a publicist he still couched a lance for the republi-
can party. His political pieces generally appeared in
Bache's Aurora, the political successor of the National Ga-
zette. In 1799, he collected a few of these productions
and had them printed in a small octavo volume under the
title: "Letters on Various Interesting and Important
Subjects, many of which have appeared in the Aurora.
Corrected and Much Enlarged. By Robert Slender, O. S.
M."

O. S. M., being interpreted, is, " One of the Swinish
Multitude." These essays were very spicy and some of
them illustrate excellently Freneau's method of striking at
a political enemy. For instance, here is one which shows
how he went about making life unpleasant for John Adams,
and incidentally damaging the chances of the second presi-
dent for a second term:

The Epitaph of Jonathan Robbins.3
(Robert Slender, Loquitur.)

I have just seen the end of Robbins, poor, brave, in-
jured, betrayed, unfortunate Robbins. I have seen him

3 This Robbins was a sailor who was delivered up to the English
by the order of an American court, and was hanged on the charge
of inciting mutiny on board the English frigate Hcrmionc.
Robbins claimed to be an American citizen, and much political
capita] was made out of the episode.

84 The Political Activities of Philip Freneau. [548

with my " minds eye " as Hamlet says, and a horrid spec-
tacle it was. I have just been composing his epitaph, that
will go down to posterity on the faithful and impartial page
of history. Here it is:

Reader

If thou be a Christian and a Freeman,

consider

by what unexampled causes

It has been necessary to construct

This monument

of national degradation

and

Individual injustice;

which is erected

To THE MEMORY of a Citizen of the United States,

JONATHAN ROBBINS, MARINER,

A native of Danbury, in the pious and industrious state of

Connecticut:

who

Under the PRESIDENCY OF JOHN ADAMS,

And by his advice,

Timothy Pickering being Secretary of State,

Was delivered up to the British government,

By whom he was ignominiously put to death;

because,

Though an American Citizen,

He was barbarously forced into the service of his country's

worst enemy

and compelled to fight

Against his conscience and his country's good

On board the British frigate Hermione

Commanded by a monster of the name of Pigot.

Bravely asserted his rights to freedom as a man and boldly

Extricated himself from the bondage of his tyrannical

Oppressors

After devoting them to merited destruction.

If you are a seaman

Pause: —

Cast your eyes into your soul and ask

If you had been as Robbins was

What would you have done?

What ought you not to do?

And look at Robbins

Hanging at a British yard-arm!

He was your comrade —

And as true a tar as ever strapped a block:

He was your fellow-citizen,

And as brave a heart as bled at Lexington or Trenton.

549] The Pod of the War of 1812.

Like you

He was a member of a Republic

Proud of past glories

and

Boastful of national honor, virtue, and independence.

Like him

You may one day be trussed up to satiate British vengeance,

Your heinous crime

daring to prefer danger or death

To a base bondage —

Alas, poor Robbins!

Alas, poor Liberty!

Alas, my Country!

In the following we see Freneau as a campaign swash-
buckler:

OYEZH!

" Robert Slender, to the aristocrat, the democrat, the would-
be noble, ex-noble, the snug farmer, the lowly plebeian, the
bishops and clergy, reverend and right reverend, doctors, and
V. O. M.'s little men or title men, gentlemen and simple men,
laymen and draymen, and all other men except hangmen (to
whom he hath an aversion) throughout this great and flourishing
STATE sendeth greeting:

" Whereas a great and important day draweth near in which you
are to exercise a great right, no less than to choose, elect, set
apart, solemnly dedicate, appoint and highly honor either Thomas
McKean, chief judge of Pennsylvania, or James Ross, practitioner
at law, with the high sounding title, power and authority of Gov-
ernor of the State — Having thrown off his apron, laid aside his
tools, and neglected for a small time the honorable and ancient
employment of shoe-mending, he hath an account of the great
division, dissension and contradiction that exists, the fictions, lies,
stories, calumnies, misinterpretations, wrong interpretations, asser-
tions and computations, thought proper not to address one of you
but all of you, to call upon you in the most solemn manner, to be
upon your guard, to open your ears and attend to even a mender
of shoes.

" Ye aristocrats and great men, whether merchants, doctors,
proctors or lawyers, who sigh for greatness and long for dominion,
whose hearts yearn for the glory of a crown, the splendor of a
court, or the sweet marrow bones that are to be picked in his
majesty's kitchen, whose eyes ache painfully once again to see
the stars, crosses, crescents, coronets, with all the hieroglyphical,
enigmatical, emblematical and all the other cals including rascals,
which adorn the courts of kings — give a strong, true and decided
vote for James Ross, who supports, approves, hopes for, longs for,
and sighs for all these.

86 The Political Activities of Philip Frcneau. [550

" Ye bishops and clergy, adorers of the triple crown, the mitre,
the sable, the high seat in civil power, the much longed for and
established church, and the ancient and profligate thing called
tithes unite your forces, set Christianity at a defiance and give a
firm vote for James Ross.

" Ye old tories and refugees, British spies, speculators, guides
and pensioners, approvers of British policy, aimers and designers,
who in your hearts wish again to crouch under the protecting paw
of the British lion — arrange your forces and give a fair vote for
James Ross. — He is your sincere friend.

" Ye, supporters of the British treaty, alien bill, stamp act,
excise, standing army, funding system, who believe that a public
debt is a public blessing, who say that republicanism is anything
or nothing, and maintain that treaties made under the sanction of
the Constitution are superior to it — draw near — be not idle on the
day of election, support James Ross; he thinks as ye do, acts as
you act, and will follow where you lead.

" Ye democrats, soldiers of '76, ye supporters of our independ-
ence, ye quellers of Great Britain, ye Americans in heart and in
hand draw near, remember that Thomas McKean is your brother,
the firm freeman, and the real christian — give him your vote.

" Ye free-born Americans, whose hearts beat high for liberty and
independence, who fear not the threats and disdain the power of all
the tyrants on earth, assert your rights, make known that ye have
not forgotten the late struggle, that the mean devices and shallow
arguments of the X Y and Z's of the present day are not able to
trick you out of your liberty or to make you the tools of a foreign
despot — vote for Thomas McKean — the constant asserter of your
rights and liberties.

" Ye honest, ye independent, ye virtuous farmers, who sincerely
wish to support that unequalled and glorious instrument, the
Constitution of the United States, untarnished and unadulterated
that ye may have it whole and entire, a sacred deposit to pos-
terity, your best interest is at stake, join not with that troop but
give an honest vote for Thomas McKean, the asserter, the sup-
porter and defender of the invaluable rights of his country.

" Ye honest and industrious mechanics who daily sweat for the
support of your families, who in the hour of danger are ever found
foremost in the ranks to defend your own and your country's
rights, vote for Thomas McKean, whom great men cannot make
wink at injustice and oppression.

" Let Porcupine growl, Liston pet, the long list of English
agents, speculators, approvers of the fate of Jonathan Robbins,
tories and refugees, gnash their teeth in vain; be true to your
country, proof against bribery, true to posterity, true to your-
selves, arrange ye under the banner of freedom and once more
conquer, let the word be LIBERTY and McKEAN! "

Freneau promised that if this volume should prove suc-
cessful another would follow, but no such encouragement

551] The Pod of the War of 1812. 87

followed. When these pieces came out in the Aurora they
were interesting, but they were of a clay. The volume
seems to have fallen flat and a second collection of Mr.
Robert Slender's Essays did not appear.

Write and edit and reprint as much as he would, Fre-
neau could not get a living out of literature. To provide
for his family the poet again went down to the sea and,
about the year 1799, became the captain of a merchant-
man. For seven or eight years from this date it is hard
to keep trace of him. It is only from poems commemo-
rative of scenes or events upon his voyages that wTe are
enabled to get an occasional glimpse of him. In 1801, he
was on the island of St. Thomas, and two years later upon
the island of Madeira. While strolling around in the ele-
gant shades of Madeira, Freneau, coming up with the
god Bacchus, Prince of Madeira, straightway indited him
an ode:

I met him with awe, but no symptoms of fear,

As I roved by his mountains and springs,

When he said with a sneer, " How dare you come here

You hater of despots and kings?"

" Haste away with your barque on the foam of the main,
To Charleston, I bid you repair;
There drink your Jamaica that maddens the brain,
You shall have no Madeira, I swear.'

But Freneau conciliated the god and sampling some of
his choicest wines heaped upon him and them unstinted
praise. As Freneau grew older his praise for Bacchus
mounted higher and was sounded oftener. When a poet
dwells fondly on this theme, one suspects that he is tak-
ing too much to strong drink. There is a reason to think
Freneau was no exception to the rule.

In 1804, Captain Freneau sailed to the Canary Islands.
While upon Teneriffe, he was invited to visit a celebrated
nunnery there. He declined the invitation in verse. Thus
we may see that a stretch of years was passed upon the
deep, sailing sometimes from New York, sometimes from

88 The Political Activities of Philip Freneau. [552

Charleston to the West Indies and the remote islands of
the Atlantic.

In 1807 the poet-captain abandoned his vocation as a
sailor never to resume it.4 On a return voyage, as he ap-
proached the heights of Navesink behind which a few miles
away lay his home, a longing for retirement seized upon
him.

Proud heights with pain so often seen,

(With joy beheld once more)

On your firm base I take my stand

Tenacious of the shore.

Let those who pant for wealth or fame

Pursue the watery road.

Soft sleep and ease, blest days and nights,

And health attend these favorite heights,

Retirement's blest abode.

In a letter to Jefferson written in 181 5 he thus writes of
his retirement: "Since my last return from the Canary
Islands in 1807 to Charleston and from thence to New
York with my brigantine Washington, quitting the bustle
and distraction of active life, my walks have been confined,
with now and then a short excursion, to the neighborhood
of Navesink Hills and under some old hereditary trees
and on some fields which I well recollect for sixty years.
During the last seven years my pen could not be entirely
idle and for amusement only now and then I had recourse
to my old habits of scribbling verse." 5

Freneau was fifty-five years of age when he withdrew
from serious occupation. Hitherto his life had been one
uninterrupted storm; henceforth it was to be one long
calm. It is a pleasant picture which he draws of himself
in his quiet home.

Happy the man who safe on shore,
Now trims at home his evening fire;
Unmoved he hears the tempests roar,
That on the tufted groves expire.

* Jefferson's MS. in Archives of State Department at Washington.
5 Jefferson's MSS. in Archives of the State Department at Wash-
ington.

553] The Poet of the War of 1812. 89

Although politics and the sea were forsaken, Freneau
remained faithful to his muse. His ruling passion was
strong to the last. No passing event worthy of commemo-
ration was allowed to go unsung. In 1809 he prepared
for the press a fourth edition of his poems, the work ap-
pearing in two volumes neatly printed with striking cuts
for frontispieces.

" These poems," the author tells us, " were intended to
expose to vice and treason their hideous deformity; to
depict virtue, honor and patriotism in their natural beauty.
To his countrymen in the Revolution, to Republicans and
the rising generation who are attached to their sentiments
and principles, the writer hopes this collection will not
prove unacceptable." The book was gotten out on the
strength of a subscription and in the first volume are
printed the names of the subscribers. The subscription
plan was set a-going by the publishers without the author's
knowledge or approbation. Thomas Jefferson subscribed
for ten volumes. In Jefferson's letter to Freneau promis-
ing a subscription, he says : " I subscribe with pleasure to
the publication of your volume of poems. I anticipate
the same pleasure from them which the perusal of those

heretofore published has given me Under the shade

of a tree one of your volumes will be a pleasant pocket
companion. Wishing you all possible success and happi-
ness, I salute you with constant esteem and respect." 8
James Madison, then president, also subscribed for ten
volumes. The popularity of the poet seems to have been
greatest in Pennsylvania. In Philadelphia a bookseller
subscribed for 200 copies; in Lancaster a dealer engaged
to take 150 copies. A host of subscribers came from
South Carolina where the name of Freneau was held in
high esteem. In all, about one thousand copies were
taken by subscription. We must not despise this small
number. Looked at in its relation to the number of

6 Jefferson's MS. in Archives of the State Department at Wash-
ington.

90 The Political Activities of Philip Freneau. [554

people, it is as large as an edition of ten or fifteen thous-
and copies to-day would be. What poet of our time can
do better with his fourth edition?

The edition of 1809 is neither so picturesque nor so
valuable as the edition of 1795. Many of the poems of
the earlier volume have been crowded out for the later
performances, and rarely has there been any gain by the
substitution. Nevertheless in the six hundred pages of the
two volumes there was more good poetry than any Ameri-
can writer had yet produced, for in 1809, be it remembered
Longfellow was but two years old, Poe and Holmes were
infants, Bryant had just entered his teens and Lowell was
not yet born.

The clash of arms that announced for the second time
American resistance to British aggression was a signal
for the old poet to tune his harp anew. As he had been
the poet of the Revolution so now he became the poet of
the war of 1812. Nothing throughout his life gave him
more pleasure than to extol his countrymen at the expense
of England. It was the poet's way of indulging hatred.
He followed closely the progress of the second war and
many a ballad from his pen celebrated the glory of our
armies upon land and upon sea. His pieces, we are told,
were held in great favor by sailors, and were for many
years reprinted in broadsides and sold at all our ports.7
In 181 5, he collected most of these martial performances
and printed them in two small volumes at the press of
David Longworth, of New York city. On the title page
of this rare and forgotten edition the poet thus bids de-
fiance to England: 8

Then England come! a sense of wrong requires
To meet with thirteen stars your thousand fires,
Through these stern times the conflict to maintain.
Or drown them with your commerce in the main.

7 Griswold's American Poets, p. 34.

8 The title is: A collection of Poems on American Affairs, and a
variety of other subjects chiefly moral and political. By Philip
Freneau.

555] The Poet of the War of 1812. 91

The theme of the first poem of these volumes of his old
age is the theme of his life — democracy. In the opening
lines we recognize the philosophy of Jefferson and the
policy of Madison:

Left to himself, where'er man is found,

In peace he aims to walk life's little round,

In peace to sail, in peace to till the soil,

Nor force false grandeur from a brother's toil;

All but the base, designing, scheming few

Who seize on nations with a robber's view,

These, these with armies, navies potent grown,

Impoverish man and bid the nation moan;

These with pretended balances of state

Keep worlds at variance, breed eternal hate,

Make man the poor, base slave of low design,

Degrade the nature to its last decline,

Shed hell's worst blots on his exalted race,

And make them fear, and mean to make them base.

The following stanzas were written when England had
about reached the end of her tether in her policy of terror-
izing American commerce and when war was about to be
declared. They are bad from the critic's point of view, but
there is a ring and a movement about them which is dis-
tinctly bellicose and which must have been taking with
those who wanted to fight.

Americans! rouse at the rumors of war

Which now are distracting the hearts of the nation,

A flame blowing up to extinguish your power,

And leave you a prey to another invasion;

A second invasion as bad as the old,

When, northward or southward wherever they strolled,

With heart and with hand, a murdering band,

Of vagrants come over to ravage your land;

For liberty's guard you are ever arrayed,

And know how to fight in sun or in shade.

Remember the cause that induced you to rise,

When oppression advanced with her king making boast,

'Twas the cause of our nation that bade you despise,

And drive to destruction all England's proud host,

Who with musket and sword, under men they adored,

Rushed into each village and rifled each shade,

To murder the planter and ravish the maid.

92 The Political Activities of Philip Freneau. [556

All true-born Americans join as of old

For Freedom's defense be your firm resolution;

Whoever invades you by force or by gold,

Alike is a foe to a free constitution;

Unite to pull down that imposture, a crown,

Oppose it, at least, 'tis a mark of the beast,

All tyranny's engines again are at work

To make you as poor and as base as the Turk.

After the best is said, it must be confessed that Fre-
neau's last work was his worst. The edition of 1815, like
most of his poetry, consisted chiefly of occasional pieces
and it is the usual fate of occasional pieces to be speedily
forgotten. The volume was reviewed in the " Analectic
Magazine " — a New York periodical — in a kindly tone.
" A considerable part of the present collection," wrote the
critic, " relates to the transactions of the late war and
scarcely a memorable incident either on land or water has
escaped the glance of his ever-vigilant and indefatigable
muse. He depicts land and naval fights with much anima-
tion and gay coloring, and being himself a son of old Nep-
tune, he is never at a loss for appropriate circumstances
and expressive dictum when the scene lies at sea. His
martial and political ballads are free from bombast and
affectation and often have an arch simplicity of manner
that renders them striking and poignant. The strains of
Freneau are calculated to impart patriotic impulses to the
hearts of his countrymen and their effect in this way should
be taken as a test of their merit." 9

With the war of 1812 and the appearance of the poems
just noticed, Freneau's career as a writer ended. A short
poem under his name may now and then be found in the
magazines and newspapers up almost to the time of his
death, but writing was no longer a serious business with
him. His last years were spent in rural retirement in his
New Jersey home. He was, however, far from being a
recluse. New York was easily accessible by boat and he
frequently visited the scenes of his better days. He could

9 Analectic Magazine, 1815.

557] The Poei of the War of 1812. 93

not forget his old democratic friends and they do not seem
to have forgotten him. Jefferson, when president, is said
to have remembered him with special favor. The story
goes that Jefferson sent to Freneau asking him to come to
Washington on important business, and that the poet re-
plied in these words : " Tell Thomas Jefferson that he
knows where Philip Freneau lives and if he has important
business with him let him come to Philip Freneau's house
and transact it." This bumptiousness (if Freneau was
really guilty of using these words), did not alienate Jeffer-
son, for later he tendered the poet an office under the gov-
ernment. The position was declined.10

In New York literary circles he was affectionately re-
ceived as the " Veteran Bard of the Revolution." We
have a charming account of the personal life of the poet
in his old age, written by one who knew him well. The
sketch is rambling and somewhat garrulous, yet it is so
graphic that it must be quoted at length r11 " Freneau was
widely known to a large circle of our most prominent and
patriotic New Yorkers. His native city, with all his wan-
derings, was ever uppermost in his mind and affections.

He was esteemed a true patriot, and his private

worth, his courteous manner and his general bearing won
admiration with all parties. His pen was more acri-
monious than his heart. He was tolerant, frank in expres-
sion, and not deficient in geniality. He was highly culti-
vated in classical knowledge, abounding in anecdotes of
the revolutionary crisis, and extensively acquainted with
prominent characters.

" It was easy to record a long list of eminent citizens who
ever gave him a cordial welcome. He was received with
the warmest greetings by the old soldier, Governor George

10 New Bedford Mercury, 1884.

11 The quotation is from the pen of Dr. J. W. Francis, a former
president of the New York Historical Society. It was written at
the request of E. A. Duyckinck, who wished it for his article on
Freneau in his Cyclopedia of American Literature.

94 The Political Activities of Philip Frcncau, [558

Clinton. He also found agreeable pastime with the learned
Provoost, the first regularly consecrated Bishop of the
American Protestant Episcopate, who himself shouldered
a musket in the revolution and hence was called the fight-
ing Bishop. They were allied by classical tastes, a love of
natural science and ardor in the cause of liberty. With
Gates he compared the achievements of Monmouth with
those of Saratoga; with Col. Fish he reviewed the capture
of Yorktown; with Dr. Mitchell he rehearsed from his own
sad experience the phvsical sufferings and various diseases
of the incarcerated patriots of the Jersey prison-ship; and
descanted on Italian Poetry and the piscatory eclogues of
Sannazius. He, doubtless, furnished Dr. Benjamin De
Witt with data for his funeral discourse on the remains
of the 11.500 American Martyrs. With Pintard he could
laud Horace and talk largely of Jones ; with Sylvanus Mil-
ler he compared notes on the political clubs of 1795-1810.
He shared Paine's vision of an ideal democracy.

" I had when very young read the poetry of Freneau
and as we instinctively become attached to the writers who
first captivate our imaginations, it was with much zest
that I formed a personal acquaintance with the revolu-
tionary bard. He was at that time about seventy-six years
old when he first introduced himself into my library. I
gave him a hearty welcome.

" New York, the city of his birth, was his most intimate
theme; his collegiate career with Madison, next. His
story of many of his occasional poems was quite romantic.
As he had at command types and a printing-press, when an
incident of moment in the Revolution occurred he would
retire for composition or find shelter under the shade of
some tree, indite his lyric, repair to the press, set up his
types, and issue his productions. There was no difficulty
in versification with him. I told him what I had heard
Jeffrey, the Scotch Reviewer say of his writings, that the
time would arrive when his poetry like that of Hudibras,
would command a commentator like Gray.

559] The Poet of the War of 1812. 95

" It is remarkable how Freneau preserved the acquisi-
tions of his early classical studies, notwithstanding he had
for many years in the after portion of his life been occu-
pied in pursuits so entirely alien to books.

" There is no portrait I2 of the patriot Freneau; he always
declined the painter's art and could brook no counterfeit
presentment."

Nearly twenty years of life after his work was over, were
left to the poet in which he might mingle with old asso-
ciates and discuss the past. It is regrettable that the dis-
cussion was too often conducted at the tavern over the
flowing bowl. When the old bard looked back upon the
road he had travelled, he saw it rough and stony; when
he looked forward to the little journey that remained, the
prospect was still barren and forbidding. His once ample
estate had nearly slipped out of his hands. The records
of the county court tell of sales of portions of the land of
Philip Freneau and of foreclosures of mortgages upon his
property.1'

A short time after the war of 1812, while the poet and
his family were at church, his house at Mount Pleasant
was burned and all his correspondence and unpublished
writings were consumed. One cannot help wishing that
the letters he had received from Madison and Jefferson
might have been saved. Freneau, reduced now almost to
poverty, removed his family to a farm-house situated about
two and a half miles from the village of Freehold. This
house was occupied by the poet until his death. It still
stands as a reminder of his worst days, when

" The joys of wine are all his boast;
These for a moment damped his pain,
The gleam is o'er, the charm is lost,
And darkness clouds the soul again." "

12 The portrait as usually given of Freneau is not genuine. It was
sketched by an artist at the suggestion and according to the rep-
resentation of members of the poet's family. It is pronounced by
those who knew the original to be a fair visualization of the man
as he appeared at maturity of life. Poems of the Revolution,
p. xxxi.

18 Records of Monmouth County Court, 1823, 1826. " Freneau.

96 The Political Activities of Philip Frcncau. [560

One stormy night in December, 1832, the old man left
Freehold to walk to his home. " He crossed a bog-
meadow to shorten the distance. The blinding snow be-
wildered him and he lost his way and sank in the morass.
He succeeded in getting out and gaining dry ground, but
in attempting to climb a fence he fell and broke his hip.
When discovered he was lying under an apple-tree at the
edge of the meadow — dead." I5

About two hundred yards from the spot where Freneau
lived in Mount Pleasant is a neat monument bearing this
inscription:

POET'S GRAVE.
PHILIP FRENEAU.
Died Dec. 18, 1832.
Age 80 years, 11 months, 16 days.
He was a native of New York, but for many
years a resident of Philadelphia and New Jersey.
His upright and benevolent character is the mem-
ory of many and will remain when this inscription
is no longer legible.

" Heaven lifts its everlasting portals high
And bids the pure in heart behold their God."

15 New Bedford Mercury, 1884. De Lancey suggests that Fre-
neau was caught in a " blizzard," and it is likely that he was, for
the New York paper of Dec. 18, 1832, contains an account of a
violent snow storm. See Albany Daily Advertiser, Dec. 18, 1832.

CHAPTER V

CONCLUSION

We may fitly close this sketch by looking over Freneau's
career and making an estimate of his personal character.
It is important to do this, for a just conception of Fre-
neau's character must be entertained before a nice judg-
ment upon some points in our political history can be
rendered.

In its outward aspects Freneau's life was a failure. As a
man of genius he availed himself of the undisputed privi-
lege of that class to be unsuccessful in pecuniary matters.
It was the fashion for our revolutionary heroes to lan-
guish in jail for debt and to die forgotten and penniless.
Freneau's lifeless corpse under the apple-tree reminds us
of the sad fate of Robert Morris and Charles Henry Lee
and Joel Barlow. The poet inherited a comfortable for-
tune, but this was dissipated long before his death. For
many years he lived from hand to mouth. We have seen
that he was intemperate. This was also a privilege in
Freneau's day, denied to no one, whether to poet or to
preacher. Notwithstanding these shortcomings, we do not
find that Freneau was a bankrupt either in character or in
reputation. On the contrary we have positive evidence
that his manhood was sound. James Madison speaks of
his " spotless integrity." His publishers have nothing but
praise for his worth as a gentleman and a scholar. His
friends in New York remembered him as tolerant, pol-
ished and genial.1 A lady who was a neighbor of Freneau
and who frequently visited his house told me (in 1898)
that his uprightness and honesty were never called into

1 Encyclopedia of American Literature, vol. i, p. 333.
39

98 The Political Activities of Philip Freneau. [562

question. " He died universally loved and regretted by
all who knew him," was the tribute of his old friend John
Pintard.2 The sturdiness of his nature was illustrated in
the management of the National Gazette. After his great
patron Jefferson had abandoned the cause of the French,
Freneau with characteristic imprudence and independence,
continued to pour his broadsides into the friends of neu-
trality.

In matters of religion Freneau was indifferent. He
subscribed outwardly to orthodox forms, not because he
thought they were true, but because he thought they were
useful. He was steeped in the philosophy of Rousseau and
Condorcet. For the human mind as well as for human
institutions he demanded the utmost freedom.

" Oh, impotent and vile as vain
They who would the native thought restrain!
As soon might they arrest the storm,
Or take from fire the power to warm,
As man compel by dint of might
Old darkness to prefer to light.

" No, leave the mind unchained and free
And what they ought mankind will be;
No hypocrite, no lurking fiend,
No artist, to some evil end,
But good and great, benign and just
As God and nature made them first.3

Like many other poets from David to our own time,
Freneau was a pantheist.

" All that we see, above, abroad,
What is it all but nature's God? "

Like that of many poets, it may be added — like that,
for instance of Addison or of Steele — his religion was of
very little consequence to himself or to any one else.
Nevertheless, he tells us that it extended to " a practice
of the golden rule, as far as weak nature would permit." 4

2 New York Mirror, January, 1833.

3 Freneau's Poems, 1815 edition.

4 Essays, Robert Slender, p. 49.

563] Conclusion. 99

For the austerities of life he had too much contempt. His
impatience with puritanism finds an expression in the fol-
lowing verses on " The Puritans ":

On Sunday their faces were dark as a cloud.

The road to their meeting was only allowed,

And those they caught rambling on business or pleasure

Were sent to the stocks to repent at their leisure.

This day was the mournfullest day in the week;
Except in religion none ventured to speak.
This day was the day to examine their lives.
To clear off old scores and preach to their wives.

In the school of oppression though woefully taught,

'Twas only to be the oppressors they sought;

All, all but themselves were bedevilled and blind,

And their narrow-souled creed was to serve all mankind.

This beautiful system of nature below,
They neither considered or wanted to know;
And called it a dog-house wherein they were pent —
Unworthy themselves and their mighty descent.

Such writing as this brought upon Freneau the wrath
of his New England contemporaries, and earned for him
much unwarranted abuse. In Connecticut and Massachu-
setts the newspapers of his day referred to him as an
atheist and the foe of good government, and fame has
transmitted this opinion of the man to our own times.
Yet there is nothing in the history of Freneau's life to jus-
tify such an unfavorable judgment. He was a man of
strong conviction and strong utterance and many suffered
from the freedom of his lance. A careful examination of
his long life, however, reveals nothing in him that was base
or low.

With this knowledge of the man's character we are pre-
pared to take up a story that has thrown discredit upon his
name and upon the name of Jefferson. The story is that
Freneau in his old age said that Jefferson did write for
the National Gazette; that, indeed, he wrote the most
offensive articles that appeared in that paper. In other
words, we are told that Freneau admitted that he had

100 The Political Activities of Philip Freneau. [564

sworn to a lie when he swore before the .Mayor of Phila-
delphia that Jefferson never wrote a line directly, or indi-
rectly, for the Gazette. This is the way the story comes
down to us: Griswold, an encyclopedia maker, said that
Dr. John W. Francis said that Freneau told him that Jef-
ferson wrote for the Gazette. This statement if true would
make both Freneau and Jefferson the clumsiest of liars.
From the nature of the story it cannot be absolutely dis-
proved, but there are strong considerations for not accept-
ing it.

In the first place, Griswold is extremely unreliable. It
is not meant that the learned preacher would deliberately
put into print what he knew to be false, but it is meant
that he was shockingly careless about getting things right.
In illustration of this we may take the first page of the
first edition (1842) of the " Poets and Poetry of America,"
where he attempts to sketch Freneau's life. It would be
difficult to find a page more pregnant with mistakes and
misinformation than this. In one paragraph of four sen-
tences there are five palpable errors. This may be cited
as a curiosity of ignorance:

" As a reward for the ability and patriotism he had dis-
played during the war, Mr. Jefferson gave him (Freneau)
a place in the Department of State; but his public employ-
ment being of too sedentary a description for a man of
his ardent temperament he soon relinquished it to con-
duct in Philadelphia a paper entitled ' The Freeman's Jour-
nal.' He was the only editor who remained at his post
during the prevalence of the yellow fever in that city in
1791. The Journal was unprofitable and he gave it up in
1793 to take command of a merchant ship in which he
made several voyages to Madeira, the West Indies and
other places. His naval ballads and other poems relating
to the sea written in this period are among the most spir-
ited and carefully finished of his productions."

Now, (1) Freneau did not give up his government posi-
tion to edit a paper, (2) he did not edit the Freeman's Jour-

565] Conclusion. 101

nal, (3) yellow fever was not prevalent in Philadelphia in
1 79 1, (4) he did not take command of a merchant ship
when he left Philadelphia in 1793, (5) his naval ballads
were not composed in the period of which he is speaking.
It is submitted that we should be very reluctant to attach
any importance to anything that such a careless writer
might rehearse from memory.

In the second place, we know that the same Dr. Francis
who is quoted as having cast such a foul imputation upon
Freneau's character, regarded the poet as a man of sterling
integrity. If Freneau had really admitted that he had com-
mitted perjury, Francis would hardly have written these
words of the perjurer: " His private worth won the admi-
ration of both parties." Besides, if Freneau had made
such an admission, Dr. Francis, the President of a great
Historical Association would have appreciated its histori-
cal significance and would have himself spoken of it in his
sketch of Freneau. In that sketch he does not refer to
any such conversation as Griswold reports.

In the last place, Freneau's whole life is a denial of Gris-
wold's statement. The patriot poet was nothing if not
straightforward and truthful, and our credulity is strained
when we are asked to believe that he deliberately confessed
that he was the greatest of liars and the basest of knaves.
History is wholly against the supposition that Jefferson
ever wrote a line for the National Gazette and there is
not the slightest reason to believe that Freneau ever said
that he wrote for it.

As to Freneau's part in the history of our politics, little
need be added to what has already been said. He was
not a statesman in any sense of the word. A violent tem-
perament and an intolerant nature unfitted him for the
leadership of men, while narrowness of mind made him
unsafe as a counsellor. Nor was he a politician in a prac-
tical sense. He sought no office and he entered into no
combinations to secure party advantage. He did not look
to office as a reward for his services as a publicist. He

102 The Political Activities of Philip Freneau. [566

advocated democracy for its own sake. In the enthusiasm
born of sincerity of purpose is to be found his greatest
strength. The glow of conviction was upon all his writ-
ings, and when he came out with an article denouncing
Adams or Hamilton, his words burned themselves into
the mind of the public. He appealed to the populace, who
read and applauded, and when election time came voted his
way. So sure and so uniform was his success in this field
that it is safe to say that, excepting Jefferson himself,
democracy in America in the first years of our national life
had no abler champion than Philip Freneau.

THE PUBLICATIONS OF PHILIP FRENEAU

(A) Newspapers.

i. "The National Gazette." Published at Philadelphia.
First number, October, 1791 ; last number, October, 1793.
A complete file of this paper may be found in the collec-
tions of the Library Company of Philadelphia.1 It is diffi-
cult to find a complete file elsewhere.

2. " The Jersey Chronicle." Published in Mount Pleas-
ant, New Jersey, in 1795. A file may be found in the
library of the New York Historical Society.

3. " The Time-Piece and Literary Companion." Begun
March, 1797. Freneau was connected with it less than a
year. A file may be found in the Lennox Library in New
York.

(B) Books.

1. "A Poem on the Rising Glory of America; being an
Exercise Delivered at the Public Commencement at Nas-
sau Hall, September 25, 1771."

This was published at Philadelphia in 1772. It is a
small unbound octavo of 27 pages. It may be found in
the Library of Princeton College.

Hildeburn has the following note on this publication:

" It is attributed to Judge H. H. Brackenridge and also to
Brackenridge and Freneau jointly. In the Edition of Freneau's
Poems, printed on his own press and under his supervision at
Monmouth in 1809 [he should have said 1795] this poem is given
a prominent place without any reference being made to Bracken-
ridge's share in its composition. On the title page of Bracken-
ridge's ' Poem on Divine Revelation ' that piece is said to be by
the same person who on a similar occasion delivered a small poem
on the rising glory of America. This may have been the ground

1 Philadelphia offers the best facilities for the study of Freneau.
The Library of the Pennsylvania Historical Society contains
nearly all his works.

104 The Political Activities of Philip Freneau. [568

on which the last-named poem was attributed to Brackenridge.
But as it admits of the construction that he only read or recited
the earlier poem of which Freneau claims the sole authorship, I
have placed it under the latter's name." Hildeburn's Issues of the
Press of Pennsylvania, vol. ii, p. 148.

2. " Voyage to Boston. A Poem." A small octavo of
24 pages; printed in Philadelphia in 1775.

3. "The British Prison-Ship. A Poem in Four Can-
toes." An octavo of 23 pages; printed in Philadelphia in
1 781.

4. " New Travels through North America." This is a
translation by Freneau of Claude C. Robin's "Voyage
dans L'Amerique Septentrionale." This small octavo vol-
ume of 112 pages was published in Philadelphia in 1783.
It may be found in the library of the Historical Society
of Pennsylvania.

5. " The Poems of Philip Freneau, Written Chiefly dur-
ing the Late War." An octavo volume of 415 pages, pub-
lished in Philadelphia in the year 1786. This very rare
and valuable volume may be found in the Library of the
Pennsylvania Historical Society.

6. " A Journey from Philadelphia to New York by way
of Burlington and South Amboy. By Robert Slender,
Stocking Weaver (Freneau)." This is a small octavo of
28 pages; published in Philadelphia in 1787. It may be
found in the New York Historical Library.

7. " The Miscellaneous Works of Mr. Philip Freneau
containing his Essays and Additional Poems." Published
in Philadelphia, 1788; it may be found in the Library of
Congress.

8. " The Village Merchant ": A Poem to which is added
the Country Printer. A small octavo of 16 pages, printed
at Philadelphia in 1794.

9. "Poems Written between the years 1768 and 1794 by
Philip Freneau of New Jersey." This was printed at
Mount Pleasant in 1795, at the press of the author. It
may be found in the Library of Congress, and in the
libraries of Harvard and Columbia Universities. This edi-
tion contains the major part of Freneau's poems.

569] The Publications of Philip Freneau. 105

10. " Letters on Various and Interesting Subjects many
of which have appeared in the Aurora. By Robert Slen-
der, O. S. M." (O. S. M. = One of the Swinish Multitude.)
Small octavo of 142 pages. Published in Philadelphia in
1799. It may be found in the library of the Pennsylvania
Historical Society.

11. "A Laughable Poem on Robert Slender's Journey
from Philadelphia to New York." This is a reprint under
a new title of No. 6.

12. "Poems Written and Published during the Ameri-
can Revolutionary War, and now Republished from the
Original Manuscripts interspersed with Translations from
the Ancients, and other pieces not heretofore in print."
Published in two duodecimo volumes in Philadelphia in
1809. It is to be found in the library of the Pennsylvania
Historical Society.

13. "A Collection of Poems on American Affairs, writ-
ten between the year 1797 and the Present Time." Pub-
lished in New York in two duodecimo volumes in 181 5.
To be found in the Boston Public Library and in the
Library of Congress.

14. " Poems on Various Subjects, but chiefly illustrative
of the Events and Actors in the American War of Inde-
pendence." This is a reprint of the edition of 1786. It
was published in facsimile in London in 1861 by J. R.
Smith.

15. "Poems Relating to the American Revolution."
With an Introduction, Memoir, and Notes by E. A.
Duyckinck, New York, 1865.

16. " Some Account of the Capture of the Ship Aurora."
New York, 1899.

CONTINENTAL OPINION REGARDING A

PROPOSED MIDDLE EUROPEAN

TARIFF-UNION

Series XX Nos. 1 1-12

JOHNS HOPKINS UNIVERSITY STUDIES

in-
Historical and Political Science

(Edited 1882-1901 by H. B. Adams.)

J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

CONTINENTAL OPINION REGARDING
A PROPOSED MIDDLE EUROPEAN
TARIFF-UNION .

GEORGE M. F1SK, Ph. D.

Professor of Commerce in the University of Illinois. Albert Shaw Lecturer on
Diplomatic History, 1902, in the Johns Hopkins University

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY

NOVEMBER-DECEMBER, 1902

THE JOHNS HOPKINS PRESS

Z§t JSovb (§aitimort (pvtee

THE FRIEDENWALD COMPANY
BALTIMORE, MO.

CONTINENTAL OPINION REGARDING
PROPOSED MIDDLE EUROPEAN
TARIFF-UNION

In the European press, more especially in that of Ger-
many, one often meets with the expression " Middle Euro-
pean Zollverein." A study of its content reveals the exist-
ence of a movement — more academic than political — con-
templating, for one reason or another, greater unity of
action on the part of certain European countries, primarily
Germany and Austria-Hungary.

The purpose of this article will be to describe this move-
ment and set forth European opinion with reference to a
subject whose possible realization might be fraught with
enormous economic consequences to the United States.

The tendencies which operated to make of England and
France modern states were counteracted in the countries
to the east — primarily Germany and Austria — by other
forces. Unity, however, among the states of middle
Europe is not a new idea. It existed for centuries under
the name of the " Holy Roman Empire." This fiction
ceased in 1806, and in 181 5, after the Napoleonic wars,
there was formed in its stead the " Germanic Confedera-
tion " which lasted until 1866. This governmental organi-
zation had no real power but all the weaknesses which
characterized the Government of the United States under
the " Articles of Confederation." Almost contemporane-
ously with its inception there was formed in Prussia in
1818 an economic measure known as the " Zollverein."
Beginning with Prussia this Verein gradually absorbed
other German states so that by 1834, when it assumed the

6 Continental Opinion Regarding a [576

name of the German Zollverein, it included practically all
the German states excepting Austria and Hanover. This
exclusion of Austria brings us to the first chapter in the
consideration of a " Middle European Zollverein," using
this term in its modern acceptation. Between 1834 and
1866 Austria attempted repeatedly to ingraft herself as a
member — or rather as the leading member — of this German
Zollverein. Her exclusion was a matter of politics rather
than economics, or as Prof. Lotz of Munich in a conversa-
tion once expressed it: "Economic events invited union;
political events, disunion." The duel was between Prussia
and Austria and the question was as to which of them should
play the chief role in German politics. The smaller German
states were an uncertain quantity in this duel The first
crisis happened in the early sixties when, after France had
inaugurated her so-called " free-trade era " by a commercial
treaty in i860 with England, the question was presented to
the German states whether they should form a treaty with
France wherein the tariff-rates would be radically lowered.
Austria was hopelessly protectionist and in this direction
the South German states, especially Bavaria and Wurtem-
burg, had a strong leaning. In Prussia, although there
was a strong protectionist element, many classes, particu-
larly the merchants at the seaports, the large land-owners
and the Bureaucrats, had quite the opposite tendency.
Bismarck, however, solved the question for Prussia by
forming a treaty with France in 1862 and making its ac-
ceptance and the exclusion of Austria, a sine qua non to a
renewal of the Zollverein. The question received a more
definite solution by the events of 1866. Thus the first
attempts to form a Middle European Zollverein — whose
aim was essentially a protection of manufacturing interests
against English competition — ended in a failure.

In the latter part of the seventies we find, however,
totally different economic forces at work. The agricultural
development, particularly in the United States, coupled
with improved means of transportation and an enor-

577] Proposed Middle European Tariff-Union. 7

mous industrial awakening- in Germany, changed the latter
country — as well as Western Europe — from an agricultural
exporting to an agricultural importing country. The re-
sult was the German Tariff Act of 1879 — which was essen-
tially an agrarian protective measure. Bearing, in mind
that in the first chapter of the discussion of a Middle Euro-
pean Zollverein (1834-1866) the economic basis was manu-
facturing protection and the common enemy England;
while in the second chapter, extending from the latter part
of the seventies up to the present time the economic basis
is more particularly agrarian protection and the common
enemies are primarily the United States and Russia, and
secondarily Great Britain with her colonies, let us examine
somewhat in detail the literature of our subject. G. de
Molinari, editor-in-chief of the " Journal des Economistes,"
treated, in the February number (1879) of that magazine,
the subject of a Middle European Zollverein (Union
douaniere de l'Europe Centrale). He favored the idea and
would have such a union comprise France, Belgium, Hol-
land, Denmark, Germany, Austria-Hungary and Switzer-
land. There should be free-trade between the members of
the Union. The objection that such a measure would
destroy a very important source of revenue was answered
by his saying that it was well known to specialists that the
great bulk of tariff-revenue of the countries of Western
Europe was derived from foreign wares and that domestic
wares scarcely paid for their cost of collection. Thus nine-
tenths of the tariff revenue of France was derived from
colonial wares (coffee, sugar, cacao, spices, etc.), while
much of the balance was obtained from goods imported
from England, Spain, Norway, etc. — countries outside the
proposed Union. Similar conditions existed also for Ger-
many. The probability is that such a Union would in-
crease rather than diminish the revenue derived from im-
port duties. De Molinari did not, of course, deny the exist-
ence of difficulties in the way of race prejudices and the
like, but he did not regard them as insurmountable. Such

8 Continental Opinion Regarding a [578

a Union was possible as were Unions regarding coinage,
postage, weights and measures, telegraphs, etc. For its
formation there were four essential points:

i. The agreement on the tariff-rate for the Union. There
would be no great difficulty in this owing to similar indus-
trial conditions in the countries composing the Union.

2. The apportionment of the import revenues. This
would not be so difficult as it appears. Each country would
retain its own tariff administration, the net revenue only
being divided and upon the basis, probably, of population.

3. Equalization or apportionment of the consumption or
internal revenue taxes. Molinari regarded this as the
most difficult problem to be met by the proposed Union, as
had been the case in the former German Zollverein. The
difficulty lay not so much in the articles taxed — being
quite the same in all the states (tobacco, sugar, salt, beer,
brandy, etc.) as in the rate and mode of taxation.

4. The formation of an international tariff commission to
direct the execution of the new system — similar to the
tariff conferences in the German Zollverein.

A reading of de Molinari's article shows that the Union
which he contemplated had its model in the German Zoll-
verein. He conceived that a beginning might be made by
two or more states with provision for the entrance later
of other states. His proposition was discussed on Febru-
ary 5th, 1879, at a meeting of French economists. Leroy-
Beaulieu, although in general an advocate of the idea,
spoke against the plan of De Molinari, principally because
he thought proposition 3 — the equalization of taxes on
consumption — impossible. France by such a measure
would have to replace one milliard indirect by direct taxes.
A. Courtois, Ch. M. Limousin and Josef Garnier spoke in
favor of the proposition, while Pascal Duprat thought that
such a Union applied to the Latin races would be possible.
The Chamber of Commerce at Verviers, Belgium, con-
sidered the plan and recommended it to the Belgian Fed-
eration of Chambers of Commerce, while a committee in

579] Proposed Middle European Tariff-Union. 9

Zurich, composed of industrial and commercial people,
recommended a Tariff-Union between Switzerland and
France as a basis for a Middle European Zollverein. In
Alsace the question was discussed in the press by Berg-
mann, Lalance and others.

Already, in the latter part of 1878, De Molinari had
solicited the opinion of Bismarck on his proposition. The
reply of the Chancellor shows very clearly that he did not
regard the subject as a question of practical politics
although it has been claimed by many that he was favor-
able to the general plan. In his reply to de Molinari,
under date of September 25th, 1878 ("Aktenstiicken zur
Wirthschaftspolitik des Fiirsten Bismarcks," von Po-
schinger), Bismarck said: "If I were able to obtain a
favorable opinion from the Minister of Finance of the
smallest nations which I have just cited you — France,
Belgium, Holland, Denmark or Switzerland — I would
promise to consider the question seriously with you."

In 1879 a pamphlet on this subject — " L'Association
douaniere de l'Europe Centrale " — appeared under the
authorship of R. Kaufmann. Its basis was agrarian rather
than industrial protection. To withstand the competition
of other countries, especially of the United States, the
wrriter recommended a Middle European Zollverein, com-
prising the three large states of France, Germany and
Austria-Hungary and the three small ones of Belgium,
Holland and Switzerland, containing a population of from
125 to 130 million. Many objections of a political, eco-
nomic, financial, administrative, theoretical or practical
nature would, of course, be raised against the scheme, but
they were not insurmountable. Politically, it is hardly pos-
sible that a Tariff-Union would in any way jeopardize the
independence of the individual states. The large ones
would offer an equilibrium to one another and at the same
time would prevent the absorption of the smaller ones.
Such a Union ought to be received favorably by both
protectionists and free-traders. Industry would be aided

10 Continental Opinion Regarding a [580

by an increase in markets and a more effective protection
against England. Many difficulties would be encountered
in arranging the tariff-rates and they would have to be
settled — as all tariff arrangements are settled — by com-
promises. Such was the case in the German Zollverein.
It might happen that some states would derive proportion-
ally less tariff-revenue but this would, if necessary, be
equalized by other forms of taxation. Such a Union could
only be realized by a gradual development, beginning,
perhaps, with commercial treaties among the six countries
in which as many acceptable points as possible should be
incorporated. The Union would have a moral effect in
increasing international good feeling and making wars
more difficult. Views similar to those of Kaufmann were
expressed by Bergmann, a former member of the German
Reichstag, in 1879 m a pamphlet entitled, " Die zukiinf-
tigen Zollvertrage auf der Grundlage autonomer Tarife der
industriellen Lander des Europaischen Kontinents." Dr.
A. Peez, member of the Austrian Abgeordnetenhaus,
treated, in 1879, the subject of a Tariff-Union between Ger-
many and Austria — " Zollvertrag mit Deutschland, oder
wirthschaftliche Autonomic? " This idea had won many
adherents but when one examined the question carefully
the difficulties appeared to make the plan unlikely of reali-
zation. Compared with former years political complica-
tions had diminished since the events of 1866. Financial
difficulties may be said also to have decreased since the
passage of the German Tariff Law of 1879, which increased
the consumption taxes. There was also a movement in
Germany toward a government monopoly of tobacco.
Such measures, of course, decreased the necessity of tariffs
for revenue purposes. The condition is quite different
when one studies the economic side of the question. The
industries of Germany being much better developed than
those of Austria, German industrialists might be expected
to favor the idea of a commercial Union, while, on the
other hand, Austria-Hungary being more agrarian than

581] Proposed Middle European Tariff -Union. 11

Germany might be expected to view the question in the
same light, for free-trade between the two countries would
mean that Germany would supply her neighbor with manu-
factured products and receive from her the products of the
farm. For reasons apparent the scheme would, on the
other hand, meet with opposition from German agrarians
and Austrian industrialists. Finally, there was a positive
international difficulty. Article XI of the Frankfort
Treaty of 1871 between Germany and France guaranteed
that they would treat each other forever on the basis of
the " most favored nation," in their treaty relations with
England, Belgium, Holland, Switzerland, Austria and Rus-
sia. Hence a differential treaty such as that contemplated
by the advocates of a Zollverein between Germany and
Austria could not be effected. It is interesting to note the
position at this time taken by Dr. Peez, for we shall find
him somewhat later among the most brilliant advocates of
the general plan of a Middle European Zollverein.

Guido von Baussern, a Hungarian member of the Reichs-
tag, advocated in many of his speeches a Tariff-Union
between Germany and Austria-Hungary (see Deutschland
und Oesterreich-Ungarn. Abhandlungen, Reden und Briefe
von Guido von Baussern. Leipzig, 1890). The motives
which prompted him to advocate such a Union were largely
political. Political relations would obtain greater soli-
darity by a cementing of material interests. Von Baus-
sern's ideas are best studied from a memoir which he
addressed to Bismarck on February 2, 1880. The only
right starting-point leading toward a settlement of the
commercial-political questions between Austria-Hungary
and Germany is the organization of the nations of Middle
Europe into a powerful tariff or commercial Union. The
principle of protection and free-trade can work harmoni-
ously together when applied to large territories. A Union
of Middle European states would bring together nations
which should naturally be united by virtue of their geo-
graphical position and economic development. The German

12 Continental Opinion Regarding a [582

Zollverein realized this in part Union would decrease costs
connected with the raising and administration of the cus-
toms. That such a Zollverein would, as in the case of the
German Zollverein, lead to political union is not possible.
The German Zollverein led to a political union of people of
the same race, while the proposed scheme contemplated a
union of people of different nationalities. Should such a
union so increase the German element as to endanger the
political autonomy of the other elements, the latter could
easily combine, the result being what it has always been
from the time of Alexander the Great to that of Napoleon.
The German element is very conservative. It took 60 years
to unite a part of its people into the present German
Empire and particularism is not yet dead. The realiza-
tion of this Empire has made possible an economic Union
between Germany and Austria, but such a Union should
extend to other European states. A development along
this line would ensure a greater solidarity of material
interests, guarantee peace, strengthen national independ-
ence and enable central Europe to become the regulator
of the world's trade and commerce. The political rivalry
of Austria and Germany in the fifties and sixties alone
made an economic Union impossible. Effective rivalry
ceased with the results of 1866. Should they now unite
they should contemplate the gradual incorporation into the
Union of the following additional states : Switzerland, Den-
mark, Holland and Belgium in Western Europe and the
Balkan States in the East.

On March 5, 1880, Bismarck, replying to this memoir,
said: " I have noted carefully the contents of your commu-
nication and share your view to the extent that I regard
such a Tariff-Union between Austria-Hungary and Ger-
many as designating the ideal direction of our commercial
relations. I do not know whether we can ever reach this
ideal but the nearer we approach it the closer will our
commercial and political interests correspond. However,
as both countries have lately revised their tariffs any defi-

583] Proposed Middle European Tariff-Union. 13

nite move in this direction is for the present excluded."
Dr. Karl YValcker in his work, " Schutz-Zolle, Laissez-
faire und Freihandel " (Leipzig-, 1880), devoted a chapter
to the consideration of a Tariff-Union between Germany
and Austria-Hungary. It is unnecessary, he says, to ex-
plain to the free-traders and moderate protectionists the
enormous economic, political and military advantages
which would accrue to Germany from a Tariff-Union with
Austria-Hungary. These advantages would be similar to
those which Germany derived from the German Zollverein.
Among other things it would enable these countries to
obtain more easily economic concessions from France,
Russia and other countries. Walcker enumerates what he
regards as the chief obstacles to the realization of this plan:

1. It would be opposed by a large majority of the Ger-
man and Austro-Hungarian protectionists, but this oppo-
sition could be overcome by a coalition of the free-traders,
landlords and the military party.

2. Another obstacle is the Austrian currency confusion
and the varieties of consumption customs (Konsumptions-
sitten) of the two countries. These obstacles are not, how-
ever, insuperable. Even if Austria-Hungary adopted the
silver currency, the customs-duties could be levied in gold.
Differences in " Konsumptionssitten " exist within the
German Empire itself — for example, more coffee per capita
is consumed in Saxony and North Germany than in Ba-
varia— but they form no insurmountable obstacle.

3. Difficulty would arise in the distribution of the reve-
nue. It has been proposed that it should be upon the
basis of population, but should this be found inequitable
a more equitable basis should be and could be devised.

4. Apparently the strongest argument against a Zoll-
verein is the fact that in Austria-Hungary there exists a
state tobacco monopoly and this would probably necessi-
tate a more or less modified form of nationalization of this
article of commerce in Germany.

5. It would be necessary to abolish the salt-monopoly

14 Continental Opinion Regarding a [584

in Austria-Hungary as it would be impossible to inaugu-
rate this system in Germany. As far as the other taxes on
consumption — beer, sugar, brandy, etc. — are concerned,
they would offer no serious impediment.

The question of the commercial relations between Ger-
many and Austria-Hungary was discussed at the 19th Con-
gress of German Economists (Kongress Deutscher Volks-
wirte) held at Berlin on October 21, 22 and 23, 1880.
Upon a motion by Dr. Max Weigert (Berlin), seconded by
M. Bromel, the following resolution was passed by this
organization:

" A Tariff-Union (Zolleinigung) is not admissible, —

" (a) Because it entirely destroys the independence of the
individual states of the Union so far as commercial legis-
lation is concerned by making the will of one state depend-
ant upon that of another.

"(b) Because it presupposes a similarity in internal reve-
nue-taxation, which at the present time is neither practical
nor desirable for Germany.

" (c) Because by its partial execution, or during an in-
definite transition period it would engender exclusive tariff
privileges."

Many took part in the discussion of this resolution.
Weigert, the chairman, speaking in favor of it, said that
local interests would not be safeguarded by such a Union,
that regulations governing its organization must, of neces-
sity, be too artificial and inflexible and hence opposed to
the general interests of free-trade, and finally that such a
Tariff-Union would be nothing more nor less than a repeti-
tion— with its direful results — of the so-called " continental
system." The editor, Hirschberg (Bromberg), opposed the
idea of a Tariff-Union because the economic homogeneity,
absolutely necessary for such an institution, was lacking.
Dr. Wolff (Stettin) regarded such a Union as an illusion
which, if persisted in, would endanger the permanence of
German unity. The correspondent Bromel (Berlin), in
seconding the resolution, said he feared a Tariff-Union

585] Proposed Middle European Tariff-Union. 15

would strengthen protectionism. The Austrian " Indus-
trialists " must not forget that they cannot, without the aid
of tariffs, withstand German competition. The German
" Industrialists " believe that such a Union will merely
make protectionism more permanent. Bromel added that
he thought a realization of the proposed plan would jeopar-
dize the very independence of the states by withdrawing or
diminishing their power to regulate their own finances.
Supposing, for example, one of the states of the Union
wanted extraordinary sums of money? Not being able to
alter its import duties and perhaps its other forms of
indirect taxation it must resort to direct taxation with
questionable results. Austria-Hungary is itself a Zoll-
verein. With Germany added it would hardly be a " Dual-
ismus " but rather a " Pluralismus," which is even more
unwieldy. Dr. Barth (Bremen) regarded a Tariff-Union
as impracticable and emphasized the financial confusion
which would ensue were one party at war. Schiff (Berlin)
believed that a Union, even if formed, could not be main-
tained.

The principal advocates of a Tariff-Union at this Con-
gress were Austrians. Baron von Kiibeck (Vienna) was
among this number. He hoped that the Congress, if it
could not recommend a Union, would at least not go on
record as opposing it. Dr. Welker (Berlin) regarded with
favor a Union based upon free-trade principles or a tariff
for revenue only. This he thought would tend to weaken
the strong protective walls of neighboring states like
France, Russia and even of the United States.

Dr. Hertzka (Vienna) in a similar way favored the plan
of a Tariff-Union, believing that its realization would lead
to general free-trade. He regarded the point about the
" Continental System " made by Dr. Weigert as not well
taken, nor had the question of indirect taxes to be
brought in. It made no difference to Austria whether
Germany had a tobacco monopoly or not. Dr. Dorn
(Trieste) spoke in favor of a Union, the line of his argu-
ment being similar to that of Dr. Hertzka.

16 Continental Opinion Regarding a [586

M. Schraut, in his " System der Handelsvertrage und
der Meistbegunstigung " (Leipzig, 1884), eoRsidered from
a purely theoretical standpoint the subject of a Tariff -
Union betweeR Germany aRd Austria-Huugary. He did
Rot regard the difficulties in the way of a URioR as tariff-
political (zollpolitisch) so much as financial aRd " political."
The questiou of iRterRal reveRue-taxatiou aRd of the con-
sumptive ability of the people would have to be studied
with special care. The statemeut that should GermaRy
aRd Austria-Huugary offer reciprocal tariff advaRtages in
forming such a Union, these advantages could be claimed
by all states enjoying the most-favored-nation rights, is
denied by Schraut, since such a regulation has not' the
nature of guaranteed tariff and commercial advantages,
but represents rather a financial " association-treaty (Asso-
ciationsvertrag) through which the financial and economic
character of the contracting parties is changed. Should
such a Union, however, be of an incomplete form, as a com-
mon external or transit tariff-regulation it is possible that
third states might regard the measure as a commercial
arraRgemeRt which would justify them iu claimhig the
same advantages by virtue of their " most-favored-nation "
rights. Schraut next proceeds to enumerate what he re-
gards as some of the essential points in the proposed Tariff-
Union.

(a) The external tariff (Aussentariff) must be agreed
upon and can only be altered through the reciprocal action
of the contracting parties either by means of a mutual
independent organ or by their regular legislative bodies.

(b) The intermediate tariff (Zwischenzolltariff) must be
arrauged iR orgaRic relatioR with the external tariff so
that the rates will be expressed ir the same proportioRal
amouuts. If there is to be aRy flexibility in this arrange-
ment Schraut suggests the plau iRcorporated iR the com-
mercial treaty made betweeR the ZollvereiR aRd Austria on
February 19, 1853, wherein each state reserved to itself
the right to raise the intermediate rate by the amount

o8t] Proposed Middle European Tariff -Union, 17

which the corresponding- external tariff-rate of the other
state is lowered.

(c) The external and intermediate tariffs should, in prin-
ciple, include the majority of objects subject to tariff-
duties. The most important exceptions to this rule are,
perhaps, the essentially revenue-tariff objects, especially
such as are closely related to the domestic taxation and
tariffs on articles which affect only slightly the inter-state
trade relations.

It is not necessary that the intermediate tariff-rates be
the same for both countries. Their determination must
take into consideration the various economic, social and
political factors involved.

(d) The formation of treaties with other states should
be based upon the mutual agreement on this point existing
among the parties to the Union.

The International Agrarian Congress, which met at
Budapest in 1885, passed the following resolution regard-
ing a Middle European Zollverein : " The state should,
during the epoch of its economic transformation, protect
its raw production interests by means of tariffs. While a
perfected Middle European Zollverein is not practical, it is
very desirable that the Middle European states, for the
security of their common economic interests, should come
to an understanding by which, while not surrendering their
right to regulate their own commercial affairs, they may
effectively protect themselves against the non-confederated
states."

The Hungarian member of the Reichstag, Eugen von
Gaal, embodied in his report at this Congress upon the
subject of " Agricultural Crises " the idea contained in the
above resolution — a commercial-treaty system between
Germany and Austria-Hungary and possibly between
France and Austria-Hungary, whose characteristic should
be an " autonomy " tariff with advanced rates on manu-
factured and raw materials coming from England, Russia
and " countries beyond the sea."
41

18 Continental Opinion Regarding a [588

Paul Dehn has treated at some length the subject at
hand (" Deutschland nach Osten! III. Oesterreich-Ungarn
in Reichsdeutschem Licht. Zweiter Theil : Wirthschaftliche
Verhaltnisse ")• His line of argument is somewhat as
follows: Differences in the finances, taxation, money-
standards and general internal revenue systems are insup-
erable and make a pure Zollverein between Germany and
Austria-Hungary impossible. A modified Union, how-
ever, is practical and for its realization the following sug-
gestions are made:

i. The existing " autonomy " tariff is to be maintained,
but Germany and Austria-Hungary should aim to equalize,
as much as possible, their tariffs as regards classification,
rates, etc. This would tend to strengthen their political
and economic relations with each other and, indirectly,
with other powers.

2. As corollary to the above and with reference to the
future, both empires should agree to ascertain, in a most
thorough manner, the foundations (Grundlagen) for a com-
mercial agreement with moderate and equalized tariff-rates.

3. In order to be less hampered in the modification of
their tariff-rates for the furthering of their inter-state com-
mercial relations it might be well for both Empires to give
the necessary notice for the abrogation of their most-fav-
ored-nation agreements with other countries.

4. Since the most-favored-nation regulation between
Germany and France (Art. XI of Frankfort Treaty, 1871)
relates only to the import, export and transit tariffs and
to the reciprocal treatment of their subjects, Germany and
Austria can have recourse to advantages outside of this
category, such as special railroad concessions and advan-
tages in refining processes and boundary-trade (Eisenbahn-
Veredlungs und Grenzverkehr).

5. There should be coupled with any commercial ar-
rangement between the two countries a definite policy as
to treaty-relations with third powers.

6. Finally there should be an attempt toward greater

589] Proposed Middle European Tariff-Union. 19

uniformity in certain phases of German and Austro-Hun-
garian legislation and administration such as Commercial
Law, Law of Exchange, Postal-Affairs, Railroad-Legis-
lation, Coinage, Money-Standard, and Internal-Revenue
Taxation.

Professor Brentano, in his article " Ueber eine zukiinftige
Handelspolitik des Deutschen Reiches," which appeared
in Schmoller's Jahrbuch for 1885, advocated an advance on
agricultural import duties sufficient to meet the necessities
of German agriculture, at the same time care being taken
to provide the industrial interests with additional markets
to compensate them for losses sustained by an advance in
the price of raw materials. This, Prof. Brentano believed,
could be accomplished for Germany through a Tariff-Union
with Austria-Hungary and the Balkan States. The
twentieth century will know only four or five world-powers
— the United States, Great Britain, Russia and perhaps
China and France (if her colonial policy proves a success).
Germany's only salvation then, if she is to remain a great
power, is in a Union such as that suggested above.

A tariff arrangement with moderate tariff-rates for Ger-
many and Austria-Hungary and higher rates for other
countries was advocated by the Austrian Chamber of Com-
merce at Troppau. With the object of furthering this view
this chamber addressed a circular note to all the chambers
of commerce in the two Empires, inquiring whether they
would take part in a Congress called to consider the ques-
tion. The replies to this letter of inquiry are interesting
as showing the trend of public opinion and may be thus
summarized: Seven Chambers — 5 Austrian (Bozen, Czer-
nowitz, Eger, Gorz and Klagenfurt) and 2 German (Munich
and Nuremberg) — favored the calling of such a Congress;
four German Chambers (Halle, Hildesheim, Regensburg
and Stollberg) refused to take part in the proposed Con-
gress. Fifteen Chambers — 9 German (Bielefeld, Bruns-
wick, Lauban, Oppeln, Osnabriick, Passau, Plauen,
Schweidnitz and Trier), 4 Austrian (Brunn, Innsbruck,

20 Continental Opinion Regarding a [590

Leoben and Vienna) and 2 Hungarian (Kronstadt and
Temesvar) — adopted what might be termed a " waiting
attitude," and finally fourteen German Chambers (Barmen,
Bochum, Breslau, Bromberg, Cassel, Chemnitz, Koln,
Dortmund, Dresden, Duisburg, Hagen, Hanau, Leipzig
and Mannheim) opposed any closer commercial under-
standing with Austria-Hungary. It was proposed to hold
this Congress in 1886 but the tenor of the replies did not
warrant the execution of the plan.

Carl Mamroth, in his essay " Das Projekt eines Oester-
reichisch-deutschen Zollvereins (Hirth's Annalen des
Deutschen Reiches, 1886), wrote against a Tariff-Union
between Germany and Austria-Hungary. His text was
taken from a speech made by Schulze-Delitzsch at a con-
gress of German Economists in 1882 — " A Zollverein is
only practicable between states having no political or eco-
nomic antagonisms, or rather, stated positively, between
states whose political and economic interests are inter-
woven." Judged by such a text a Tariff-Union between the
two states in question is an impossibility. Mamroth next
proceeds to enumerate the various antagonisms and con-
cludes as follows: "The project of an Austrian-German
Zollverein is calculated, at first glance, to captivate fan-
tastic natures but when the pros and cons are carefully con-
sidered its realization appears extremely difficult. The
advantages — on the whole — appear very questionable for
Germany and are vastly outweighed by the disadvantages."

Dr. Wermert, Secretary of the Chamber of Commerce
at Halle, in his " Betrachtungen iiber einen mitteleuro-
paischen Zollverein" (Hirth's Annalen, 1888), expressed
the belief that a Middle European Zollverein — comprising
the states of Germany, Austria-Hungary, Switzerland,
Denmark, Italy, Holland and the Balkan States, but ex-
cluding the " eternal mischief-maker and peace-disturber
France " — was necessary to counteract the growing com-
petition of America, England and Russia. Dr. Wermert's
plan contemplated free-trade between the members of the

591] Proposed Middle European Tariff-Union. 21

Union and a common tariff applied to the non-members.
Such a Union, he thought, would not only strengthen inter-
national interests but would also be a peace-guarantee.
He reiterated his ideas on this subject in 1894 in a work
entitled " Pro Memoria: Betrachtungen iiber die Agra-
rische auf den Handelsstand und die Handelspolitik der
Reichsregierung " (Halle, Kaemmerer & Co.).

Count Paul de Leusse argued, from the agrarian stand-
point, in favor of a Franco-German Zollverein in his
pamphlets " La paix par Funion douaniere franco-alle-
mande " (Strassburg, 1888) and " Union douaniere agri-
cole du centre de l'Europe " (Paris, 1890). Central Europe
is threatened with agricultural ruin. The realization of
this would mean industrial decadence, depopulation and
bankruptcy. To avert such an evil an economic Union
between Germany and France is a necessity. The force of
events will gradually attract to this Union Belgium, Switz-
erland, Holland, Austria-Hungary and possibly Italy and
Spain. The basis for the Union must be agrarian protec-
tion although this does not necessarily exclude the protec-
tion of other articles. The tariff-rates must be variable,
changing according to the price of the commodities paying
the duty. De Leusse recommended the establishment of a
Tariff Bureau (Zollamt) in some central place like Frank-
fort, composed of representatives of all the states of the
Union, whose power should be advisory and whose respon-
sibility should be to their respective governments.

We have found that Dr. Peez in 1879 (page 10) was
numbered among the opponents of a Tariff-Union between
Germany and Austria-Hungary. By 1885 (Miinchener
Allgemeine Zeitung, No. 129) he had changed his point of
view and in March, 1889, at a meeting of Austrian econo-
mists at Vienna, he still further elaborated his ideas. His
line of argument was in the following strain. Great Britain,
Russia and the United States are bent upon becoming
enormous commercial territories (Handelsgebiete). The
full realization of their efforts means the development of
three world-powers (Weltmachte), viz.:

22 Continental Opinion Regarding a [592

(a) Great Britain with her colonies and dependencies
comprising 17 per cent of the earth's surface or 23,000,000
square kilometers, and 21 per cent of the total population
of the world or 313,000,000.

(b) The Russian Empire with 16 per cent of the earth's
surface or 22,000,000 square meters, and 7 per cent of the
world's population or 105,000,000.

(c) America with 22 per cent of the earth's surface or 30
million square kilometers and 7 per cent of the world's
population or 108,000,000. This development means the
gradual deterioration or absorption of the countries of
middle and western Europe unless there be some counter-
acting influence. The salvation of these countries rests in
the formation of a Middle European Zollverein comprising
the states of Germany, Austria-Hungary and Italy. France,
out of hatred for Germany, might possibly enter into closer
economic relations with Russia — a procedure admissible
so far as Article XI of the Frankfort Treaty is concerned.

An interesting observation — indirectly referring to our
subject — was made by Professor Fuch (Strassburg) in re-
viewing Professor Patten's work — " The Economic Basis
of Protection " (Philadelphia, 1890). Commenting upon the
economic isolation of the United States, not only as recom-
mended in Patten's book but as " actually existing in prac-
tice," he said: " Europe will do well to reckon, in the near
future, with this economic isolation of the United States
and to frame its legislation to meet it " (Schmoller's Jahr-
buch, Vol. XV, p. 294).

A very important work on the tariff-relations between
Germany and Austria-Hungary — which has been often
consulted, in the preparation of this essay — appeared in
1891 under the authorship of Dr. Alexander von Matle-
kovits, an Hungarian member of the Reichstag ("Die
Zollpolitik der Oesterreichisch-Ungarischen Monarchic
und des Deutschen Reiches seit 1868 und deren nachste Zu-
kunft "). So far as relates to the subject in hand Matle-
kovits' idea was a Zollverein between the two Empires

593] Proposed Middle European Tariff-Union. 23

whose general principle should be a common tariff applied
to foreign countries and inter-state free-trade. To this
latter principle, however, exceptions should be made to
meet economic and political differences (especially as re-
gards articles operated by one of the states, as a monop-
oly). Each state should have a free hand in the administra-
tion of its tariff but government officers of the one state
should at all times be allowed to inspect the system in the
other state. The tariff-revenue should be divided between
Germany and Austria-Hungary at the ratio of 4 to 1 ;
should, however, the revenue derived from grain and wood
not reach a certain definite amount the ratio for these two
commodities is to be 7 to 3. Each country should pay its
own cost for tariff administration. Provisional reports
should be rendered quarterly and definite settlements
concluded yearly. Both states should attempt to simi-
larize their tariff-administration. To aid the process of
economic unification a " Unionrat " composed of 12 mem-
bers, 6 from each state, and having advisory power, should
be appointed. In matters of internal taxation and trade
neither party should discriminate against the other, and
there should be reciprocal protection in trade-marks and
railroad rates. Provision is made for the admission, in
the future, of other states and for a common commercial
treaty applied to foreign countries. The treaty, embody-
ing the scheme of Matlekovitz, should, according to its
author, come into force on January 1st, 1892, and, if notice
of its abrogation be not given before January 1st, 1901,
should continue in force 10 years longer. Prof. Schmoller,
in reviewing this work of Matlekovitz in his Jahrbuch
(Vol. XV, p. 275 et seq.), expresses his sympathy for the
general idea of a Middle European Zollverein but regrets
that the author's " standpoint is somewhat one-sided: in the
first place he is an Hungarian; in the second place, a free-
trader of the sixties, and in the third place, a public officer
(Beamter)."

About the time we are now considering there appeared a

24 Continental Opinion Regarding a [594

brilliantly written pamphlet under the title " Die Zukunft
der Volker von Mitteleuropa." The author's name was
not attached to this essay. There was an attractiveness
in the style and a thoroughness in the portrayal of political
and economic conditions which caused it to be widely read
and much commented upon. Some went so far as to claim
that it was either written by the Chancellor himself (Cap-
rivi) or by some one in sympathy with his ideas (see Prof.
Farnam in " Yale Review " of May, 1892), and was there-
fore supposed by some to give a possible trend to the
German and Austro-Hungarian commercial treaty which
was soon to be renewed. It might be added, in passing,
that, so far as the writer of this article is informed, Caprivi
never expressed himself in favor of a Zollverein between
the two Empires. Furthermore the writer happens to
know the real author of the pamphlet in question and can
therefore state that he is not Caprivi. The fact is empha-
sized in the work that the states of Central Europe were
becoming more and more dependent upon foreign coun-
tries for their food supply. This economic development
threatens not only the prosperity but also the civilization
of these states. The author is somewhat anti-American
in his sentiments. As regards our tariff policy he observes
that " a calm reflection leads to the belief that the Ameri-
can effort to gain complete emancipation from European
civilization and from its products will, sooner or later, be
crowned with success." He advocates a European Tariff-
Union composed primarily of Germany, Austria-Hungary,
Italy and France, to which may possibly be added the
smaller states of Switzerland, Belgium, Holland, Norway
and Sweden.

We come now to a period in our discussion, during which
certain political measures, particularly in the United States,
have given more of an anti-American political trend to
the subject of a European Zollverein. The most important
of these measures are the McKinley Tariff Act of 1890;
the Wilson Bill, particularly the sugar schedule, by which

595] Proposed Middle European Tar iff -Union. 25

Germany believed that her most-favored-nation rights had
been violated; and the Dingley Bill. This legislation has
been economically hostile to German industrial interests by
the difficulties imposed upon the importation into the
United States of goods made in Germany, and has given
strength to the " anti-American trend."

As regards Germany, the tariff act of 1879 was> m prin-
ciple, agrarian protection. The assurances then made as
to the maintenance of the price of wheat were not made
good, although in 1885 the grain tariff was tripled and in
1887 increased fivefold. In Germany's Commercial Treaty
of 1892 with Austria-Hungary these rates were somewhat
lowered and the factor of stability, or rather inflexibility,
introduced by the agreement that the treaties must con-
tinue unchanged for 12 years, or, more correctly, that rates
should not be raised above a certain point during this
period. This measure may thus be regarded as a slight
reaction favorable to the industrial classes.

During the agitation of this bill those favorable to a
Middle European Zollverein were inclined to look upon
the measure as a definite step in this direction and were
further inclined to represent the Government as sharing
this view. Later events proved this belief to have had its
foundation in fiction rather than in fact. In the " Yale
Review " of May, 1892, Prof. Farnam, speaking of the
general subject of a Zollverein but more in particular re-
garding the recent treaty, said: " There is, undoubtedly, a
considerable literary movement in favor of this policy (that
is, the policy of a Middle European Zollverein), but when
we look at the facts they are not very encouraging." The
facts referred to by Prof. Farnam are that Germany, after
concluding her commercial treaty with Austria-Hungary,
made similar treaties with three other European states and
then extended the advantages of these reductions to no
less than 30 other states, including the United States, by
virtue of her most-favored-nation agreement — facts not
very encouraging to those who looked upon the treaty of
1892 as the basis for a Middle European Zollverein.

26 Continental Opinion Regarding a [596

Prof. Werner Sombart, in an article in Schmoller's Jahr-
buch (Vol. XVI, 1892) on Germany's new commercial trea-
ties (" Die neuen Handelsvertrage, insbesondere Deutsch-
land "), comes to the conclusion that nothing is more
foolish than the idea advanced by some that these treaties
were a step in the direction of a Middle European Zoll-
verein. Such a plan is not possible to realize, at least not
inside of a few hundred years. " He who understands in
a most superficial manner the commercial-political develop-
ment of the European states will regard it as entirely out
of the question that, within a conceivable time, tariff modi-
fications among these different countries can be radically
lowered."

Finally and officially, it was stated by Secretary of State
Von Marshall, in his speech in the Reichstag on May 3rd,
1897, in reply to the interpellation of Count Kanitz on the
" Saratoga Agreement," that " the Confederated Govern-
ments, when they negotiated the commercial treaty with
Austria-Hungary in 1891, did not doubt a moment but
that they were under obligation to concede to the United
States the tariff reductions which were granted Austria-
Hungary. It would have been an infringement upon good
faith to have denied this legal obligation after we had
repeatedly asked for similar favors to be granted us."

In 1895 an interesting and instructive work on modern
commercial politics (" Zur neuesten Handelspolitik ") by
Dr. Peez appeared. Its central idea was that of a Middle
European Zollverein. He and Matlekovitz stand on simi-
lar ground except that his plan is somewhat more exten-
sive than the latter's — making the entrance of France into
the Union a sine qua non. He also appears to be consider-
ably irritated by the high tariff-rates of the McKinley Bill.
Without Union he seems to regard Middle and Western
Europe at the mercy of the " Foreign Policy " of Great
Britain and the " Commercial Policy " of the United
States. He tells us that soon after the passage of the
American Tariff Act of 1890 an article appeared in the

59T] Proposed Middle European Tariff-Union. 27

French "' Journal des Debats," the writer of which regarded
a tariff war between Europe and the United States as
unavoidable and advised not only France, but Europe in
general, to take immediate action. American pork, lard,
petroleum and grain imported into Europe ought to be
compelled to pay as high an import duty as European
products sent to the United States. Similarly we are told
that Burdeau, a member of the French Chamber of Depu-
ties, in addressing his constituents at Lyons, declared that
the United States should be treated as she treated others.
He suggested that France should buy her petroleum of
Russia and her grain of Austria-Hungary. The " Temps "
regarded it as not improbable that the triumph of the
prohibitive tendencies in the United States might lead to
an abolition of the tariff barriers between European coun-
tries " as Colbert had abolished the customs barriers be-
tween the provinces." Finally, Peez, who devotes con-
siderable attention to French public opinion on American
tariff legislation, tells us that Lockroy, a former French
Minister of Commerce, while speaking against any anti-
American combinations in Europe, said: " Let us content
ourselves with judicious tariff duties against American
pork and we shall then be able to obtain desired advan-
tages from America."

Prof. Schmoller, in his Jahrbuch of 1895 (pp. 1049-1053),
in reviewing Peez's work, speaks of the author as an " ex-
pert of the first rank." His criticism has the double value
of being an excellent analysis of the economic side of
Peez's work and at the same time of giving us a picture
of his own view, which he shows no disposition to conceal.
The basis of Peez's work, he tells us, is the relation of the
Middle European states to England, Russia and the United
States. The last two seek by means of high tariffs — Eng-
land (to use Prof. Schmoller's words) " by means of its
selfish intriguing commercial supremacy (egoistische
rankevolle Handelsherrschaft)" and her colonial policy — to
place in jeopardy the economic interests of the smaller

28 Continental Opinion Regarding a [598

states. The average ad valorem tariff-rates (statistics for
1892-93) in the United States is 29.1 per cent, in Russia
27.8 per cent, in Italy 17.9 per cent, in Sweden 11.4 per
cent, in Denmark 10.9 per cent, in Norway 10.6 per cent, in
France 10.2 per cert, in Germany 9.2 per cent, in Roumania
y.y per cent, in Austria-Hungary 7 per cent, in Great
Britain 4.9 per cent, in Switzerland 3.9 per cent, in Belgium
1.8 per cent, and in Holland .5 per cent. In Russia and
the United States tariff-rates vary from 60 to 300 per
cent. They compel the rest of the world to buy their raw
material but refuse, in return, to purchase foreign manu-
factured products. Taking the Russian estimates for 1888
and those of the United States for the fiscal year 1888-1889
the following statistical table tells the story (value in
marks).

Imports from Europe. Exports to Europe.
Russia ------- 918,400,000 2,378,000,000

United States - - - 1,613,600,000 2,288,700,000

2,532,000,000 4,666,700,000

That is to say, these two countries exported nearly 2,100,-
000,000 more marks worth of goods to Europe than they
imported therefrom. Although Russia lately made treaties
with Germany and Austria-Hungary, this fact does not
materially alter conditions, and besides tariff-arrangements
are only a part of the Russian commercial policy. The
Siberian and other railroads, and the development of the
cotton, petroleum and other industries in Russia are plac-
ing the other countries of Europe, relatively speaking, at
an increasing industrial disadvantage to her. Similar
economic changes are taking place in the United States,
while England, comprising only 10.6 per cent of the popu-
lation of Europe and only 3.2 per cent of its surface, pro-
duces from 50 to 70 per cent of all the materials manufac-
tured in Europe. Although in late years this island has
proclaimed the policy that she desires no additional col-
onies, she has in the last 20 years practically annexed
4,500,000 square miles of land. From the beginning of

599] Proposed Middle European Tariff-Union. 29

the century England furnished Continental Europe with
manufactured products, taking in exchange their raw pro-
ducts. Since 1875, however, the latter has been supplied
by the United States. Peez therefore comes to the con-
clusion that the German protective policy from 1878 to
1887 was a necessity, a view which is shared by Prof.
Schmoller (" wie ich glaube ganz mit Recht ").

The latter concludes his review in about the following
words, which shows us very plainly his point of view upon
the subject of an European Zollverein: The importance of
the treaty of 1892 does not lie, so he tells us, in the recipro-
cal concessions which, for the present, are not great, but
in the removal of the dreaded tariff war and in the estab-
lishment of an economic community of interests (Wirth-
schaftsgemeinschaften) which, in many particulars can be
further developed even if we cannot, at present, have differ-
ential tariffs and a Zollverein. The three " world-powers "
— Great Britain, United States and Russia — have the great-
est interest in maintaining and increasing the commercial
antithesis among the Middle European states. Our aim
must be to minimize this antithesis and, where our inter-
ests coincide, to unite — as for example in common meas-
ures against the spread of cattle disease and in railroad
conventions.

In 1896 an International Agrarian Congress was held at
Budapest, at which prominent agrarians — landed proprie-
tors, editors, writers, economists, ministers of agriculture
and others were present. The proceedings of this Con-
gress were printed and appeared the year following in two
large volumes (Congres International D'Agriculture).
" Memoires " and " replies " to questions previously sent
to prominent " Agrarians " and others are collected in
Vol. I, while the second volume contains the debates of the
Congress.

Among the questions considered were the following
(" Section III (a) Douanes, 3 "):

" In view of the existing international situation is it

30 Continental Opinion Regarding a [600

desirable that certain states establish among themselves
closer economic bonds?

" What would be the industrial consequences of such
an economic Union? "

Of 49 who expressed themselves upon this subject, 14
were Hungarians, 8 were Austrians, 8 were German,. 5
were French, while 14 represented other European coun-
tries. Twenty-nine spoke more or less in favor of the
Union, 14 opposed it, while 6 might be classified as neutral
or doubtful. Among the Hungarians 10 were favorable to
the Union and 4 against it. All the Austrian, 6 Germans
and 2 Frenchmen were in favor of a Union, 3 Frenchmen
were against it and 2 Germans were neutral. Of the
remainder 3 were for a Union, 7 were against it and 4
were neutral. It must not be presumed that among those
classified as " favorable " to a Union, all contemplated the
same kind of an agreement or the same degree of unifica-
tion. A reading of the proceedings of this Congress re-
veals the fact that the question was largely argued from
the standpoint of class interests, a smaller number basing
their observations upon the broader principles of common
weal. The central thought was, naturally, agricultural
protection.

It seems hardly profitable to go too much into detail
regarding this Congress but perhaps the observations
upon the subject of a Middle European Zollverein made
by a few of the most prominent members, may not be out
of place.

According to Geza von Gerloczy (Professor at the Royal
Agricultural Institute at Kassa, Hungary), a closer eco-
nomic Union among the states of Central Europe would
tend to weaken the present agricultural crisis.

Hugo H. Hitschmann, editor-in-chief of the " Wiener
Landwirthschaftliche Zeitung," thought the Union desir-
able because of the protection it would give to agricultural
interests — a view shared by Andre de Llaurado, Inspector-
General of Forests, from Barcelona. For more general

C01J Proposed Middle European Tariff-Union. 31

reasons the Union was advocated by Dr. von Jureschek,
Aulic Councillor to the Austrian Central Statistical Com-
mission, and Professor at the University of Vienna, who
thought the plan should include the states of Germany,
Austria-Hungary, Italy and eventually Switzerland, Den-
mark, and the Balkan States.

Dr. W. Lexis, Professor of Economics at the University
at Gottingen, and one of the best German writers on com-
mercial questions, was of the opinion that " a European
Zollverein — at least between Germany and Austria-Hun-
gary— would be a very desirable thing, but the diversity of
agricultural and industrial interests — say nothing of the
political differences — makes such a project almost impos-
sible of realization."

Dr. W. E. Martin of Melbourne (Secretary of Agricul-
ture) begged the question by stating that it depended upon
the political opinion of a person — " a free-trader naturally
looking at the project in a different light from a protec-
tionist."

Henry Sagnier, editor-in-chief of the " Journal de l'Agri-
culture " at Paris, stated that such a Union was conceiv-
able between states whose economic interests are abso-
lutely common but that such not being the actual situation
in Europe a Union at the time was not to be thought of.

The Marquis de Vogue, President of the Agricultural
Society of France, made the statement that such a Union
responded so little to the actual economic and political
situation of Europe, and its chances of realization appeared
so slight, that he thought it useless to consider it.

The two delegates from Russia, Kovalesky (Director
of the Department of Commerce and Manufactures) and
Kasperow (Chief of the Section of Cereals), in a " Memoire
sur les questions du Programme du Congres," concluded
that " the maintenance of customs-laws, be it in the simple
form or be it in the complicated form of Tariff-Unions,
ought to be declared as contravening universal progress."
This seems a good deal for delegates coming from per-

32 Continental Opinion Regarding a [602

haps the most protectionistic of the civilized states to say.
What they had, no doubt, uppermost in mind was a Tariff-
Union among- the Middle European states which would
operate very disadvantageously against Russian agricul-
tural interests.

Among the delegates who took part in this Congress were
M. de Molinari, Dr. von Matlekovitz and Prof. Schmol-
ler. The latter suggested that possibly in 1902, when the
present commercial treaties would expire, an experiment in
the direction of a Tariff-Union might be made with grain,
cattle and perhaps other wares among the states of Ger-
many, Austria-Hungary, Italy, Switzerland and possibly
France, Belgium and Holland. " I admit," says Prof.
Schmoller, " that the Union — like all things great and new
— is not easy to accomplish. Great statesmen with a wise
and energetic policy are necessary."

Louis Strauss, Vice-President of the Superior Council
for Industry and Commerce of Belgium, expressed him-
self at this Congress as follows : " A Tariff-Union of the
states of Central Europe is evidently a dream. The diffi-
culties opposed to its realization are much greater than
when de Molinari (1878-79), inspired by a desire to fortify
the solidarity of the nations involved, proclaimed this beau-
tiful and generous idea."

The Agrarian Von Ploetz, member of the German
Reichstag and Prussian Landtag and first President of the
" Bund der Landwirthe," while agreeing in general with
Professor Schmoller's remarks, styled his proposition to
wait until 1902 as " music of the future " (Zukunftsmusik).
Why should we wait six years before taking action, he
asked. Three points were regarded by him as essential
for the realization of a Tariff -Union, viz.:

(1) The re-establishment of the value of silver.

(2) Prohibition of dealings in futures in grain (already
accomplished in spring of 1896).

(3) Abrogation of the most-favored-nation clause with
non-Central European states.

603] Proposed Middle European Tariff-Union. 33

In view of the proceedings of the Congress above de-
scribed, coupled with the fact that the Landwirthschafts-
gesellschaft at its General Assembly at Vienna on Sep-
tember ist, 1896, passed resolutions favoring a Middle
European Zollverein, it seems a rather questionable state-
ment when the " Deutsche Agrarzeitung " (September
18, 1898) says that neither at the Agrarian Congress in
Budapest nor at the one held at Vienna did any " agrarian,
German or otherwise ever propose or favor a European
Tariff-Union such as that of the old German Zollverein.
Only by the free-traders at Budapest was such a proposi^
tion made but it was rejected by the agrarians of all
countries."

Political and economic events in 1897 seemed to con-
spire to bring almost to a focus German, and, in fact, gen-
eral European, hostility to the United States. The Dingley
Bill, wTith its high import duties on manufactured products,
coupled with the clause whereby bounty-fed goods had to
pay additional duties equal to the amount of the direct
or indirect bounty paid, was the important political
" event " which antagonized especially the industrial classes
whose interests were adversely affected by the measure.

The important economic " event " was the coincidence
of good harvests in the United States and poor ones
in Europe, which caused enormous exportation from
the United States to Europe not only of grain but of other
food products, particularly meat. Such conditions were
not conducive to soothing the increasing bad humor of
the agrarians. The question of a tariff war or some sort of
a European tariff combination against the United States
was transferred from the realm of theoretical political
economy almost to that of practical politics. The press
nauseated itself with unkind statements about America.
It was this condition of things, coupled with a " Germanic "
consciousness of the possible or probable future economic
and political preponderance of the United States as a
" world power " which explains, in a large degree the anti-
42

34 Continental Opinion Regarding a [604

American tenor of the German press during the war be-
tween the United States and Spain.

Even before the Dingley Bill was enacted, but after its
passage became a foregone conclusion, the question of
Germany's most-favored-nation rights with the United
States was made the subject of an interpellation in the
Reichstag (May 3rd, 1897), by the Agrarian leader, Count
Kanitz. After emphasizing the common interests of agri-
culture and industry against the " unreasonable " tariff
legislation of the United States, he said: "If we are to
arrive at some effective measures it will be desirable to go
hand-in-hand, if possible, with other European powers,
and I am happy to say there is some prospect that this
may be done. In all of the European states there is a
strong reaction against this new advancement of the Amer-
ican tariff-policy. The governments have made protests
through their diplomatic representatives at Washington.
Even in industrial circles the movement is beginning. The
sharpest protest was made by the industrialists of Austria.
They have lodged with their government the direct request
for a combination of the European states for the purpose
of adopting uniform counter-measures. I consider the
proposition worthy of a closer consideration." It appears,
as voiced in the reply of Secretary of State von Marshall,
that the government did not share this view of Count
Kanitz. " To do all," said von Marshall, " which Count
Kanitz has, at the present time, suggested would be the
greatest mistake and the greatest sin toward the interests
of those whose protection and welfare is placed in the
hands of the confederated governments."

In commenting upon a debate in the Bavarian Diet at
Munich on October 21st and 22nd, 1897, wherein the aboli-
tion of the most-favored-nation arrangement with the
United States had been recommended, the morning edition
of the Kreuzzeitung (October 23) expressed the hope that
an agreement might soon be made by Germany with France
and other important countries, such as Austria-Hungary,
Italy and Spain, to act conjointly against the United States.

605] Proposed Middle European Tar iff -Union. 35

On November 20th, 1897, Count Goluchowski, Minister
of Foreign Affairs of the Empire of Austria-Hungary, in
an address to the Hungarian Committee of Foreign Rela-
tions recommended a European combination against " the
countries beyond the sea," meaning of course primarily
the United States.

The high political position of the speaker naturally gave
an official character to his statements and excited universal
comment. It therefore appears proper to quote somewhat
in detail from his speech which has been kindly furnished
the writer by Charles V. Herdliska, Esq., United States
Charge d'Affaires ad interim at Vienna (see Fremdenblatt
of November 21, 1897).

" The disastrous war of competition which we meet with
at every step and in every field of human activity upon the
part of the countries beyond the sea — a contest which is'
not only now going on but which will become greater in
the near future — calls," says Count Goluchowski, " for an
immediate and comprehensive resistance unless the nations
of Europe are to be seriously crippled in their most vital
interests and are willing to fall victim to a disease which
will surely lead to their destruction. They must fight
shoulder to shoulder against this common danger and they
must go into this contest armed with every weapon of
defense which their resources can afford. This is a great
and heavy task and, unless all signs fail, it will impress its
character upon the epoch of history into which we are now
entering.

"As the 16th and 17th centuries were filled with religious
wars; as in the 18th century liberal thought made a way
for itself to the fore; as the present century has been char-
acterized by the development of national questions; so the
20th century promises to be in Europe a struggle for exist-
ence in the politico-economical field, and European nations
must unite in order to contend successfully in defending the
conditions upon which depend their power to live.

" I trust that the realization of this may become general

36 Continental Opinion Regarding a [606

and that we may be permitted to employ the time of peace,
to which we all now confidently look forward, in gathering
our strength and turning it resolutely in that direction."

The " Neue Preussische Zeitung " (Kreuzzeitung), com-
menting upon this speech of Count Goluchowski, under
date of November 25th, 1897, stated that it was reported
that Spain had consented to take part in any movement
contemplating a European combination against American
tariff legislation. This paper further stated that the Italian
Minister-President Rudini had said that should the United
States persist in raising its tariff the European countries
must take steps to counteract this evil. The French Min-
ister of Commerce, according to the same authority, had
expressed himself similarly. This paper seemed to regard
Goluchowski's speech as a warning to Europe (Wahnruf
an Europa).

On June 13th, 1898, there appeared in a social demo-
cratic magazine a very well written article by Richard
Calwer (recently elected a member of the German Reichs-
tag), entitled " Die Vorbereitung neuer Handelsvertrage,"
in which the writer affirmed that should international com-
petition be excluded by high protective walls to the coun-
tries of Middle and Western Europe it would cause, be-
cause of the smallness of the markets, a weakening of their
productive capacity. Industrial stagnation would ensue
and this would have its effect upon wages and general
consumption. With high tariff walls applied to enormous
territories like the United States, Russia or Great Britain
with her colonies the opposite effects would take place.
" The most rabid (linksstehendste) free-traders will admit,"
said Calwer, " that the present procedure of America makes
further encouragement of her imports into Europe an
impossibility."

In order to obtain advantages enjoyed by large coun-
tries, Europe must unite. Such a Union would place her
in a position to obtain concessions as well as give them.

The editors of " Die neue Zeit," in a footnote to this

607] Proposed Middle European Tariff-Union. 37

article, take pains to show their disapproval of the position
taken by its writer. Their argument runs as follows:
The rabid free-traders are by no means the only ones who
recognize that no further concessions to America are pos-
sible. If a Middle European Zollverein means a move in
the direction of doing away with the tariffs which hamper
the countries of Europe, then it should be hailed with joy.
If it means, however, protectionism and tariff-wars (which
would probably be encouraged by such a Union), then we
are opposed to it. In any case there is no likelihood of
its realization. The truth is that such a Union means
nothing more than agrarianism and protectionism ex-
tended to Middle Europe. It is foolish to argue that
England will, in the near future, go over to protectionism.
This policy in the United States and Russia would prin-
cipally make such a Union necessary — if necessary at all.
Russia is no copy for us but the American people in their
opposition to monopolies are more free-traders in sym-
pathy. We Social Democrats do not want to antagonize
this sympathy by such a Zollverein. This view of the
editors may be regarded as the social democratic stand-
point since it corresponds to the utterances of nearly all the
prominent Social Democrats as voiced in their Parteitag
at Stuttgart on October 6th, 7th and 8th, 1898.

Volume II of the " Schriften der Centralstelle fur Vorbe-
reitung von Handelsvertragen " — an organization whose
aim is to promote the industrial rather than the agrarian
interests of Germany — deals with the commercial relations
between Germany and the United States. The author,
Prof, von Waltershausen, after demonstrating that in a
tariff-war with the United States Germany would be
worsted, comes to the conclusion that the countries of
Middle and Western Europe must come to a common
understanding regarding their economic relations with the
United States. Prof, von Waltershausen does not contem-
plate a European Tariff-Union modeled after that of the
old German Zollverein. His idea is that the individual

38 Continental Opinion Regarding a [608

members of the Union — which might begin with the coun-
tries comprising the Triple Alliance, but should eventually
include practically all the states of Central and Western
Continental Europe — should agree to form no commercial
treaty which was not essentially applicable to all members.
Should America not come to terms the combined action of
all members of the Union would make a tariff-war much
more advisable and might be inaugurated by prohibitive
import duties on American tobacco, meats, lard, wheat, and
a differential tariff on American cotton and products of the
mine.

As a basis for his plan, the following points are recom-
mended by Von Waltershausen:

i. Any agreement must last 10 years.

2. The present German tariff-rates are to be applied to
American goods imported into the Union.

3. The tariff-rates in the Wilson Bill are to be applied to
goods imported into the United States from the countries
of the Union.

4. The most-favored-nation clause is to be abolished.
This would allow greater freedom to the members of the
Union to make such special tariff arrangements with other
states as do not conflict with the regulations between the
Union and the United States.

Such a proposition as the above, appearing under the
auspices of an organization devoted to the German indus-
trial interests, might be regarded as significant were it not
for the fact that the book was prefaced with the following
words from the director of the organization: "We do
not agree with the personal views of the author in all
points; this applies especially to the final proposition ad-
vanced by him."

The next publication of this society is a work entitled
" Die Politik der Handelsvertrage," under the authorship
of its Director, Dr. Vosberg-Rekow. He speaks of the
plan of a Middle European Zollverein as " an idea ad-
vanced by a large number of theorists," which might seem

609] Proposed Middle European Tariff-Union. 39

to indicate that so far as industrialists are concerned the
matter is more a question of " theory " than of " practice."

In a September number of the " Economist Francais "
there was an article from the pen of the eminent French
economist, Paul Leroy-Beaulieu, on the subject of a Euro-
pean Federation. The Czar's disarmament proposal might
be realized under certain conditions, viz.: Germany's wil-
lingness to transfer to France, for an indemnity, Lorraine,
leaving Alsace to constitute itself into a small neutral state
guaranteed by the Powers or to join Switzerland, of which
it would form two cantons, while still remaining a part of
the German Zollverein. Such a plan, by removing the
cause of friction between Germany and France would make
possible the realization of a European Federation whose
objects should be (i) to proclaim a " Monroe Doctrine for
Europe " — a prohibition against any territorial establish-
ment on the part of a non-European Power (meaning, of
course, the United States) on the continents of Europe,
Africa and that part of Asia bordering upon the Mediter-
ranean sea; and (2) an alliance among the European powers
to help one another with armed force in the Far East and
in the Pacific.

Leroy-Beaulieu recommended also that this federation
against the United States should not only be political but
also economic, and that the states of Europe should allow
each other a preferential customs tariff. " If," concludes
the writer, " Europe does not want to abdicate in favor of
its new competitors it must make up its mind to constitute
itself on new lines."

" Die Grenzboten " of September 22nd, 1898, comment-
ing upon this scheme of Leroy-Beaulieu, regarded it under
present conditions, as hardly worthy of discussion. This
paper, which is free-trade in its tendencies, further ob-
serves that protectionism applied on such a large scale
would be more objectionable than when applied, as at
present, to small individual states. Such a Tariff-Union
would bring about a greater tension between the states

40 Continental Opinion Regarding a [610

of Continental Europe and the three great powers of the
United States, Great Britain and Russia, with results more
disadvantageous to the former.

• Subsequently (September, 1898) an Agrarian Congress
was held at Vienna. There was no recommendation of a
Middle European Zollverein but considerable attention was
given to the plan of the German and Austrian agrarians
advocating united action for obtaining grain-tariffs which
would practically prohibit importations from the United
States. The eminent economist, Prof. Adolf Wagner, in
reply to a letter of the writer, asking his opinion, for pur-
poses of publication, on the subject of a Middle European
Zollverein, expresses his sympathy for the movement,
emphasizing, however, that he fully appreciated the many
difficulties connected with its realization — difficulties which
he regarded as political rather than economic. France he
regarded as the great stumbling block in the way of the
movement but the boundlessly selfish (" masslose egois-
tische ") commercial policy of the United States, Russia
and Great Britain will compel a gradual cooperation of
the countries of Middle and Western Europe in order to
obtain from these powers proper commercial concessions.
As expressed in a conversation with the writer, Prof. Ser-
ing, who is cited by permission, may be said to hold similar
views.

On October 7, 1898, Prof. H. H. Powers, then of Leland
Stanford University, addressed a circular letter to several
secretaries of German Chambers of Commerce, editors and
economists, asking their opinion, for purposes of publica-
tion, on the plan of a Middle or Western European Zoll-
verein. Professor Powers has kindly allowed the writer
to make citations from their replies.

Dr. Gensel, Secretary of the Chamber of Commerce at
Leipzig, believed that, owing to present protective tenden-
cies and inter-state mistrust and envy, the realization of a
Tariff-Union between Germany and Austria-Hungary or
between Germany and Western Europe in general, was a

Gil] Proposed Middle European Tariff-Union. 41

question of the far distant future. " This opinion," he
added, " is also shared, so far as I know, by our trading
classes (Handelsstande)."

The " Syndikus " of the Chamber of Commerce at Frank-
fort is unable to answer the question as his Chamber as
well as most other German Chambers has taken no posi-
tion on the question.

The " Secretary " at Konigsberg regards a Tariff-Union
as an illusion (Traumbild), because of (i) the diversity of
interests among the states which should compose the
Union, and (2) impossibility of equitable ratio for a division
of the rates. " The example of the German Zollverein is
not to the point because this Verein comprised a single —
although somewhat disunited — people, that had never lost
its feeling of unity, and because the German Zollverein
was also simply the harbinger of the German Empire."

The " Syndikus " of the Chamber of Commerce at Aix-
la-Chapelle is favorable to a Tariff-Union between Ger-
many, Austria-Hungary and Italy. He recognized the
difficulties in the way and expressed doubts whether they
could be at present overcome. It may be a practical ques-
tion of the future — perhaps of the middle of the next cen-
tury, especially if " Imperial Federation (i. e., in Great
Britain) is realized."

The Secretary of the Chamber at Stuttgart expressed
his position in the following words: "An international
Zollverein, however plausible and sympathetic the idea
may be, is a Utopia whose realization is growing con-
stantly more difficult."

The semi-official organ, " Kolnische Zeitung," does not
regard a Tariff-Union as possible. The various states
which should comprise such a Union are more or less un-
friendly to one another. " How is a Union, then, pos-
sible?"

The " Syndikus " of the Chamber of Commerce at
Bremen, refuses to express an opinion on the subject and
has " no interest in the matter," while the editor of the

42 Continental Opinion Regarding a [612

" Schlessische Zeitung " believes that the difficulties in the
way of the realization of a Union would probably be too
great to overcome.

Prof. Rathgen (Marburg) stated that theoretically such
a Tariff-Union ought to embrace all European states ex-
cepting Russia, England and (for political reasons) Turkey.
Even an optimist, however, would not regard such a
scheme as possible. Greece, Spain and Portugal would
add no value to such a Union, while France's political
antipathy would exclude her: The beginning would have
to be made with Germany, Austria-Hungary and possibly
Italy, while the smaller states of Europe would, by degrees,
be added. There would be many advantages as well as
disadvantages from the proposed Zollverein. The proba-
bility of its realization is not, for the present, very great,
as no great class, as a unit, supports it. The strongest
interests favoring a Union are the agrarian. It will be
the birth of necessity and will come to pass, if at all,
through the development of industry in the United States
or through the realization of non-European-Continental
Zollvereins, namely, Pan-Americanism and Imperial Fed-
eration.

We have now reached the end of our task — an attempt
to portray European, or rather German, public opinion
upon the subject of a Middle European Zollverein. It has
been found that the discussion, so far as the present cen-
tury is concerned, divides itself into two periods. The
first extended from 1834, when the German Zollverein came
into existence, to 1866. The states contemplated as mem-
bers of a Middle European Zollverein, during this period,
were those of Germany and Austria. The underlying eco-
nomic idea was industrial protection against the common
enemy, England. The political " idea " was the struggle
between Prussia and Austria for German hegemony. The
economic crisis happened in the early sixties when the
question was presented to the members of the Zollverein
whether they should enter into new treaty relations with

G13] Proposed Middle European Tariff-Union. 43

France and Western Europe, contemplating tariff modifi-
cations in the direction of free-trade, or with Austria, the
result of which would have been a strengthening of the
bonds of protection. The question was solved by Bis-
marck's adoption of the former plan. The political crisis
came in 1866 and was decided favorably to Prussia at
Koniggratz. The new birth was the North German Con-
federation and later the German Empire.

The second period began in the latter part of the seven-
ties when, owing to the industrial revolution in Germany,
cheapened means of transportation and the development of
American agriculture, causes which changed Germany from
a food-exporting to a food-importing country, the "Father-
land " embarked upon a system of agrarian protection
which reached its high-water mark in 1887, while the
German commercial treaties inaugurated in 1892 registered
a slight reaction favorable to the ever-increasing power
of the industrial classes. Economic conditions in the
United States have been an important factor in antagoniz-
ing German, or rather European, interests, while economic
legislation has had a similar effect upon large industrial
classes. This antagonism has expressed itself in recom-
mendations of some sort of an economic combination or
European Zollverein which should include most of the
countries of Middle and Western Europe. The underlying
economic " idea " may therefore be said to be primarily
agrarian protection against the common enemy, the food-
exporting countries, especially the United States.

Our study of the question has shown that no great class
has, as a unit, definitely advocated a Middle European
Zollverein as a political program. The proposition of some
sort of a European Tariff-Union has been advocated in a
more or less modified form by the following:

1. A large number of important European, but more
particularly German, economists.

2. A large number of Hungarian and Austrian agrarians,
while the majority of German agrarians oppose the plan,
although perhaps somewhat less vigorously than formerly.

44 Continental Opinion Regarding a [614

3. Some German industrialists, while Austrian indus-
trialists, almost as a unit, oppose it.

4. Secretaries of boards of trade, journalists and poli-
ticians have, in considerable number and for various
motives, favored the plan.

The natural conclusion from the foregoing exposition
is that, while a European understanding upon some defi-
nite subject which might separate their interests as a class,
from those of one or more other countries, is not an impos-
sibility, the political prejudices and diversity of economic
interests excludes from the domain of practical politics the
proposition of a Middle European Zollverein as contem-
plated by the majority of writers above cited.

An American economist, Professor H. H. Powers, in a
recent article in the " Annals of the American Academy,"
entitled " The War as a Suggestion of Manifest Destiny,"
said: " It is probable that a generation more will see the
entire world under the jurisdiction or within the ' sphere of
influence ' of half a dozen Powers who will continue the
struggle with increasing definiteness and determination."
Most people recognize this general tendency and it may
be said that the underlying principle of those who favor a
Middle European Zollverein is the conscious desire of the
members of such a " Verein " to constitute one of the
" half dozen Powers." There are many Germans who say
that this desire of Central Europeans will be realized with-
out the division of sovereignty contemplated by a Zoll-
verein. They reason as follows: Economic forces tend
toward state and inter-state centralization. So far as Mid-
dle Europe is concerned Austria, Denmark and Holland
with her colonies will gravitate toward Germany and will
become in time a united empire.

There are others who say that the enormous industrial
development in the United States and her reaching out
toward foreign markets will weaken her policy of isolation,
make her aims and commercial aspirations coincide with
those of England and Germany and bring a definite " col-

615] Proposed Middle European Tariff-Union. 45

onial open-door " policy. It is interesting to note, as bear-
ing on this point, the present Anglo-Saxon " good-feel-
ing " and more or less of an " approachment " between
England and German)'. A discussion of these latter points,
however, falls out of the scope of the present article.

George M. Fisk,
2nd Sec, U. S. Embassy.
Berlin, December 29, 1898.

Note. — The foregoing paper, as the date shows, was
written about three years since and was not primarily in-
tended for publication. The diplomatic post held by the
writer precluded a discussion, on his part, of the political
and economic questions suggested by the subject in hand.
He therefore purposely confined his efforts to an attempt
to portray public opinion of Continental Europe on the
question, as reflected in the writings and addresses of her
economists, journalists and statesmen. Since the above
date there have been discussions on the subject called forth
from time to time by the political action of governments,
or by important commercial and industrial changes which
have been taking place in various countries, and especially
in the United States. One of these outbursts occurred
soon after the writing of the above report, being inaugu-
rated by an important Dutch paper which advocated closer
commercial relations between Holland and Germany. The
whole discussion has been confined largely within the con-
fines of Germany, Austria-Hungary and France — the coun-
tries primarily interested in the movement — but there are
of late signs of life in this direction on the part of the
Anglo-Saxon public, the most recent illustration being the
advocacy by Mr. Carnegie, in his installation address at
St. Andrew's University, of a United States of Europe.

The most satisfactory recent discussion of this question
is an article by Professor Francke of Berlin (Zollpolitische
Einigungsbestrebungen in Mitteleuropa wahrend des letz-
ten Jahrzehnts), which appeared in Volume XC of the

46 Continental Opinion Regarding a [616

" Schriften des Vereins fur Socialpolitik." He reviews the
entire subject in a most scholarly way but is careful to
avoid definite conclusions as is evidenced by his concluding
remarks: " Will it come in the near future to a union of
the Middle European states whose natural leader is Ger-
many? The question mark which we make here must be
a very large one and we are frank to say we have neither
yes nor no for an answer."

We are told in a recent number of the Nation (July 4th,
1901) that "perhaps the most striking thing about the
much-discussed plan for a European trade combination
against America is the fact that nobody takes it seriously,"
while former Assistant Secretary Vanderlip (Forum for
February, 1902) makes the following statement: "The
best judgment in Europe and America is, I believe, pretty
well agreed on the futility of a European tariff alliance
against the United States. Not one of our ambassadors
or ministers believes it is a feasible programme for the
European states, no matter how antagonistic European
statesmen may become toward us on account of our com-
mercial success in foreign fields. I found no important
banker or manufacturer who thought it probable that the
conflicting interests of the various states could be brought
to any harmonious point of view from which to formulate
such a tariff."

Probably this is a fair statement of the present situation,
and we may conclude that a Middle European Tariff-Union
modelled after the German Zollverein or even the more
moderate plan of general concerted action, such as that
advocated by Professor von Waltershausen, is hardly a
question of practical politics. However, when we review
past history and consider present conditions, especially the
gradual or rather rapid tendency toward not only indus-
trial but also political consolidation, it is not difficult to
feel that back of all this agitation there are forces at work
which are stronger, perhaps, than we realize. Political
institutions, now as in the past, have economic bases.

617] Proposed Middle European Tariff-Union. 47

When industrial conditions change, political institutions
must conform to these changes or go to the wall.

Four hundred years ago Middle Europe comprised many
hundred petty sovereign or virtually sovereign units. Now
the number does not exceed 35, even including the small
German states, and all are dominated by one really great
state — Prussia — which is powerful politically because she is
powerful industrially. The small states of Europe survive
to-day because of historic considerations which are gradu-
ally losing their force and not because there is any neces-
sity for their existence as separate political units. It seems
to the writer that the whole discussion has brought out
two very prominent facts:

1. The large majority of writers cited above have ad-
mitted, either directly or inferentially, that a Middle Euro-
pean Tariff-Union of some sort was desirable because of
similar economic conditions and wants.

2. On the other hand, the majority have likewise de-
clared against such a Union because of opposing historical
and racial passions and prejudices. This is a virtual ad-
mission that Union in some form or other must come be-
cause in the long run prejudices and passions must give
way to economic and industrial forces. Just what form this
Union or consolidation will take is purely problematical.

George M. Fisk,
Professor of Commerce, University of Illinois.
Champaign-Urbana, 111.,
November 3, 1902.

LITERATURE ON THE SUBJECT OF A MIDDLE
EUROPEAN ZOLLVEREIN.3

1. Fremdenblatt (Vienna, Count Goluchowski's speech),
Nov. 21, 1897.

1 In the compilation of the list, the writer has made use of the
bibliographical appendix of Prof. Francke's article (Schriften des
Vereins fur Socialpolitik, Vol. XC).

48 Continental Opinion Regarding a [618

2. Journal des Economistes of Feb., 1879 (article by the
editor, G. de Molinari).

3. " Akten-stiicken zur Wirthschaftspolitik des Fiirsten
Bismarcks " von Poschinger — view of Bismarck under date
of Sept. 25, 1878.

4. " L' Association douaniere de l'Europe Centrale," a
pamphlet by R. Kaufmann.

5. " Die zukiinftigen Zollvertrage auf der Grundlage
autonomer Tarife der industriellen Lander des Euro-
paischen Kontinents " (1879, Bergman, member of Reichs-
tag).

6. " Zollvertrag mit Deutschland oder wirthschaftliche
Autonomic," by Dr. A. Peez, 1879 (member of Austrian
Abgeordnetenhaus. Peez opposed idea of Middle Euro-
pean Tariff-Union, but afterwards became the most bril-
liant advocate).

7. Deutschland und Oesterreich-Ungarn. Abhandlungen,
Reden und Briefe von Guido von Baussern, Leipzig, 1890.

8. " Schutz-Zolle, Laissez-faire und Freihandel " (Leip-
zig, 1880, von Dr. Karl Walcker).

9. " Kongress Deutscher Volkswirte," held at Berlin,
Oct. 21-23, 1880.

10. " System der Handelsvertrage und der Meistbegun-
stigung," Schraut, Leipzig, 1884.

11. Considered by International Agrarian Congress held
at Budapest in 1885.

12. "Deutschland nach Osten! Ill Oesterreich-Ungarn
in Reichsdeutschem Licht. Zweiter Theil : Wirthschaftliche
Verhaltnisse " von Paul Dehn.

13. " Ueber eine zukunftige Handelspolitik des Deutsch-
en Reiches." Brentano in Schmoller's Jahrbuch for 1885.

14. " Das Projekt eines Oesterreichisch-Deutschen Zoll-
verein," Mamroth in Hirth's Annalen des Deutschen
Reiches, 1886.

15. " Betrachtungen fiber einen mitteleuropaischen Zoll-
verein." Dr. Wermert in " Hirth's Annalen, 1888.

619] Proposed Middle European Tariff-Union. 49

16. See also Wermert's " Pro Memoria, etc." 1894
(Halle, Kaemmerer & Co.).

17. " La paix par l'union douaniere franco-allemande."
Paul de Leusse, Strassburg, 1888.

18. See Peez in " Miinchener Allgemeine Zeitung, No.
129. Also his " Zur neuesten Handelspolitik." Wien,
1895 (a brilliantly written book).

19. Schmoller's Jahrbuch, Vol. XV, p. 294 (Prof. Fuch's
review of Patten's Economical Basis of Protection).

20. " Die Zollpolitik der Oesterreich-ungarnischen Mon-
archic und des Deutschen Reiches seit 1868 und deren
nachte Zukunft," von Matlekovits, 1890 — very important
work.

21. Schmoller's Jahrbuch, Vol. XV, p. 275 (Schmoller
reviewing Matlekovits' book).

22. " Zukunft der Volker von Mitteleuropa," 1890,
anonymous.

23. Yale Review for May, 1892.

24. Schmoller's Jahrbuch (Werner Sombart, Vol. XVI).

25. Speech of Secretary von Marshall in Reichstag, May
3, 1897.

26. Schmoller's Jahrbuch for 1895 (1049-1053, Schmoller
reviewing Peez's work).

2j. Proceedings at the " Congres International D'Agri-
culture," held at Budapest, 1896.

28. Deutsche Agrarzeitung (Sept. 18, 1898).

29. Kreuzzeitung (Oct. 23, 1897).

30. Neue Preussische Zeitung, Nov. 25, 1897.

31. "Die Vorbereitung neuer Handelsvertrage" (June
13, 1898, magazine article by Richard Calwer).

32. Vol. 2 of " Schriften der Centralstelle fur Vorbereit-
ung von Handelsvertrage " (Prof, von Waltershausen).

33. Vol. 3 of above — " Die Politik der Handelsvertrage,"
von Dr. Vosberg-Rekow.

34. Sept. number (1898) of " Economist Frangais " (Prof.
Leroy-Beaulieu).

50 Continental Opinion Regarding a [620

35. " Die Grenzboten " (Sept. 22, 1898, and many other
reviews of Beaulieu's article).

36. " Die Meistbegiinstigung der Vereinigten Staaten
von Nord Amerika," Calwer, 1902 (Berlin and Bern).

yj. " Zollpolitische Einigungsbestrebungen in Mittel-
europa wahrend des letzten Jahrzehnts," von Prof. Ernst
Francke — Vol. LXXXX of Schriften des Vereins fiir
Socialpolitik, 1900. Best recent summary of situation.

38. Der deutsche Zollverein. Von W. Weber. Leipzig,
1869.

39. Die Handelspolitik des Deutschen Reiches vom
Frankfurter Frieden bis zur Gegenwart. Berlin, 1899.

40. Geschichte der preussisch-deutschen Handelspolitik.
A. Zimmerman, 1892.

41. System der nationalen Handelspolitik nach aussen.
J. Wernicke. 1896 (Jena).

42. " Die Ideen der Deutschen Handelspolitik von 1860-
1891." W. Lotz (Schriften des Vereins fur Socialpolitik,
Band 50).

43. Die Handelspolitik der Grossstaaten und die Kriegs-
flotte. M. Sering (aus " Handels- und Machtpolitik."
Stuttgart, 1900).

44. Deutschland und die Weltwirthschaft. M. Hausho-
fer (Allgem. Zeitung, Miinchen, 1900).

45. Kommende Weltwirthschaft. P. Dehn, Berlin, 1898.

46. Vom Territorialstaat . zur Weltmacht. A Wagner.
Rede zu Kaisers Geburtstag, 1900.

47. Weltwirthschaft und Volkswirthschaft. H. Dietzel,
Dresden, 1900.

48. Die Theorien von den drei Weltreichen. H. Dietzel,
Nation, 1900. No. 30-34.

49. Die Handelsvertrage des Jahres, 1903. Vosberg-
Reckow, Berlin, 1900.

50. Ein handelspolitisches Vademecum. W. Borgius,
Berlin, 1900.

51. Zollverein in Central Europe. G. de Molinari, Gun-
ton's Magazine, XII, 38.

621] Proposed Middle European Tariff-Union. 51

52. Zur handelspolitischen Frage in Oesterreich-Ungarn.
Reichenberger Handelskammer, 1890.

53. Die Zoll- unci Handelspolitik wahrend der letzten
Jahrzehnte. Yon Mittschewsky, Leipzig, 1892.

54. Entwickelung der deutsch-osterreichischen Handels-
beziehungen von 1849-1865. K. Mamroth, Berlin, 1887.

55. Oesterreichs kiinftige Handelspolitik vom Stand-
punkte der Industrie. Wien, 1899.

56. Ein Zoll- und Handelsbundniss mit Deutschland.
Verhandlungen der Gesellschaft osterreichischer Volks-
wirte. Wien, 1900.

57. Mitteilungen des Industriellen Klubs. Wien, 1897-
1898 and 1900.

58. Die Handelspolitik Englands und seiner Kolonien
in den letzten Jahrzehnten. C. J. Fuchs, Leipzig, 1893.

59. Problems of Greater Britain. Charles Dilke, Lon-
don, 1890.

60. Made in Germany. E. E. Williams, London, 1897.

61. Die Kiindigung des englischen Handelsvertrages.
K. Rathgen, Leipzig, 1897.

62. Die Handelsbeziehungen Deutschlands zu England.
P. Anjdt, Berlin, 1900.

63. Die Losung der Frage unserer volkswirthschaft-
lichen Existenz. E. Hauser, Zurich, 1899.

64. Die Bedeutung Hollands fur die deutsche Volks-
wirthschaft. E. von Halle.

65. Die Zukunft Hollands und seine Kolonien. W. Lexis
(Allgem. Zeitung, Miinchen, 1900, No. 51).

66. Deutschland und Holland. O. von Houten (Nation,
Berlin, 1900, Nos. 35 and 36).

67. Ein deutsch-niederlandischer Zollverein. von Wal-
tershausen (Zeitschrift fiir Socialwissenschaft, 1900, Hefte
7 and 8).

68. Deutschland im 20. Jahrhundert. E. von Hartmann
(Die Gegenwart, Berlin, Jan., 1900).

69. Die Beziehungen zwischen Deutschland und den
Vereinigten Staaten von Amerika. G. M. Fisk, Stuttgart,
1897

52 Proposed Middle European Tariff-Union. [622

70. Schmoller's Jahrbuch (articles by W. Stieda, 1883,
Sombart, 1892).

71. Das Handelsmuseum (articles by S. Feilbogen, 1899,
No. 43; A. Mayer, 1900, Nos. 34 and 15; F. Schonfeldt,
1900, No. 35; Heller, 1900, No. 36; G. Schacht, 1900, No.
42).

J2. Bayer. Handelsztg., Munchen (article of R. Zimmer-
man, 1900, Nos. 20 and 21).

jt,. A European Zollverein. W. C. Ford in Nation
(N. Y.), XLIV, 546.

74. Zollverein of the Central Powers. Spectator,
LXVII, 833.

75. One Government for the World. G. C. Sibley,
American Journal of Politics, III, 197.

j6. Europe and the American Peril. A. D. Noyes,
Nation, N. Y., LXXIII, 5.

yy. American Commercial Invasion. F. A. Vanderlip,
Scribner's Magazine, XXXI, 194-213.

INDEX TO THE TWENTIETH VOLUME

OF THE

JOHNS HOPKINS UNIVERSITY STUDIES

HISTORICAL AND POLITICAL SCIENCE

Through printers' error the numbers 127 to 176 were used twice in
the volume pagination and 207 to 264 were omitted. In the index an
asterisk (*) indicates the second or duplicate page of that number.

Binders will follow the Series Numbers found at the top of the title
pages.

Adair, quoted, *I33.

Adams, John, 501-502, 538-540,
547-549-

Adams, Samuel, 13.

Agrarian Congress (Vienna),
610.

Alabama, internal improvements
in, *i27-205; highways, *I27-
250; Indian paths, *I27-I2Q;
trading roads, *I30-I33; federal
roads, *I33-I44; stage and ex-
press, *I45-I46; road system,
*i47-i5o; rivers and harbors,
*i5i-i8i; State aid, *i5i-i6o;
federal aid, *i6o-i8i; Tennes-
see R., *i6o-i66; Chattahoo-
chee R., *i66; Tallapoosa R.,
*i66-i67; Choctawhatchee R.,
*i67-i68; Coosa R., *i68-i7o;
Cahaba R., *i7o; Conecuh and
Escambia Rivers, *I70-I7i;
Alabama R., *i7i-i72; Mobile
Harbor, *i72-i75; Tombigbee
R-, *I75-I78; Warrior R., *I78-
179; Black Warrior R., *I79;
Railroads, *i82-205; federal
land grants, *i82-igo; first rail-
road bill, *i84-i86; "two and
three per cent " funds, *i86-
190; State aid, 190-205; before
Civil War, *I90-I97; since Civil
War, *i97-205.

Alabama, bank legislation, 79, 87,
89, 101, 116, 148-149.

Alabama River, improvements
along, *i7i-i72.

" Alabama and Tennessee Canal
Co.," *I56.

Allen, Rev. Bennet, 13.

Amendments, to Maryland Con-
stitution, 435-437, 462.

" American Loan and Trust Co."
(Omaha, Neb.), 319.

Ames, Fisher, 504, 535, 540.

" Analectic Magazine," quoted,

556.
Arizona, bank legislation, 84,
101.

Arkansas, bank legislation, 78,
80 (note), 84, 101, 102.

Attorney General, office abol-
ished in Maryland, 454-456.
Austria-Hungary, attitude to-
ward " Middle European Tar-
iff Union " [see " Middle Eu-
ropean " etc.].

Austrian Chamber of Commerce
(Troppau), 589-590.

B
Bagby, Gov. (Ala.), quoted, *i58.
Baker, Capt. Abraham, 30-31.
Baker, Capt. Evan, 28, 30.
Baltimore, judicial system, 458-
459-

Index.

[624

Baltsell, Richard, 15.

" Bank of Augusta vs. Earle,"

decision quoted, 148-149.
" Bankers' Magazine," quoted,

304. 315.
Bank Notes, security for State

issues, 68-69, 89.
Banks, constitutional restriction

in Maryland, 457.
Banks, trust companies acting

as, 301-309, 327-
Banks [see " State," " Private,"

etc.].
Barnett, G. E., on " State

Banks," 63-171.
Barrett, Lemuel, 15, 19.
Barth, Dr., 585.
Bartram, quoted, *i3i, *I32-I33,

*I36 (note).
Baussern, Guido von, 581-582.
Beall, Mordecai, 15.
Beatty, Charles, 45.
Beatty, William, 11.
Benton, T. H., quoted, p. *I34.
Bergman, 580.
Bethea, T. B., *202-205.
Bibb, Gov. (Ala.), quoted, *I52.
Bismarck, 579, 582-583.
Bizer, Mr., 407.

Black Warrior River, improve-
ments along, *I79.
" Boston Safe Deposit and Trust

Co.," 282.
Boston, trust Companies in, 282-

283.
Boudinot, Elias, 521-522.
Bowie, Mr., 426, 434-435.
" Bowling Green Trust Co.,"

329-
Brackenridge, Hugh, 474-476,

478. 486-487, 512.
Bradford, Wm., 474.
Bradstreet Company, quoted,

126.
Brent, Mr., 436, 440-441.
Brentano, Prof., 589.
Brewer, quoted, *I27-128.
Brewer, George S., 414.
" British Stamp Act," 400.
Bromel, M., 584-585.
" Brooklyn Trust Co.," 314.
Burgess, Edward, n.
Burr, Aaron, 474, 492.

Cabot, George, 505.

Cahaba R., improvements along,

*I70.
California, bank legislation, 84,

89, 93, 98 (note), 100, 103, 112,
122, 144, 156, 157, 162.
Calwer, Richard, 606, 607.
Cameron, Allan, 39-44-
Capital [see " Banks "].
Carroll, Charles (of Carrollton),

19.
Cator, George, on " Trust Com-
panies," 267-377.
Causin, Mr., 408.
Chambers, E. F., 424, 427, 454-

455-
Chandler, Rev. Mr., 432-433.
Chapelaine, Joseph, 15.
Chaplain, James, 22.
Chapman, John G., 414, 446.
Chase, Samuel, 19, 41.
Chattahoochee R., improvements

along, *i66.
" Chestnut St. National Bank,"

308.
" Chestnut St. Trust and Savings

Fund Co.," 308.
" Chicago Loan and Trust Co.,"

283.
Chicago, trust companies in, 283-

284. 324-325, 327.
Choctawhatchee R., improve-
ment along, *i67-i68.
Cochinderfer, Michael, 47.
" College of New Jersey," before

American Revolution, 473-476.
Collier, Gov. (Ala.), 416.
Colorado, bank legislation, 93,

99, 1 01.
" Commercial and Financial

Chronicle," quoted, 314-315.
" Commissioners of Public

Works " (Md.), 460-461.
"Committee of Internal Im-
provements " ( Ala.), quoted,

*i9i-i92.
Comptroller of the Currency,

reports of, 166-167.
Comptroller of Maryland, 459-

460.
Conecuh R., improvements

along, *i7o-i7i.
Congress (U. S.), sends money

to Maryland troops, 17.

623]

Index.

Connolly, Dr. John, 38-44.
Constable, Mr., 442.
Constitutional Convention of

1850-1 [see " Maryland "].
Cooke (Jay), and Company, 316.
Cooper, Isaac, 31 (note).
'* Coosa Navigation Company,"

*I5S-IS6.
Coosa R., improvements along,

♦168-170.
" Council of Safety," 16.
County Commissioners (Md.),

461.
Courtois, A., 578.
Crabb, Richard, 15.
Creager, Valentine, 15.
Credit Agencies, State banks as,

I3I-I33-
" Credit Mobilier," 309.
Cresap, Daniel, 15.
Cresap, Joseph, Jr., 14.
Cresap, Michael, 14.
Cresap, Thomas, 11.
Crisfield, John W., 413, 426.

Danner, A. C, quoted, *I7S-

Dashiell, Mr., 429-431.

Davis, M. L., 546.

Davis, Richard, Jr., 14.

" Davis vs. McAlpin," decision
quoted, 138 (note).

Davis, Mr., 443.

Dirickson, Mr., quoted, 428.

Dividends, from State banks, 94-
96.

Debt, imprisonment for, abol-
ished in Maryland, 456.

" Declaration of Rights," 429-
432, 440-441, 45o.

Dehn, Paul, 588-589.

De Lancey, Edw. F., quoted,
531.

Delaware, bank legislation, 77-
78, 79, 1 01, 102.

Deposits, 70 (note.)

" Deutsche Agrarzeitung," quot-
ed, 603.

De Witt, Dr. Benj., 558.

Dorn, Dr., 585.

Dorsey, Mr., 433.

Douglas, Stephen A., *i83-i86.

Dow, Lorenzo, *IS3.

Dow, Peggy, 140- 141.

Dunkers, refuse to serve i

army, 26-27.
Dunmore, Lord, 37-38, 39, 44.
Duprat, Pascal, 578.
Duyckinck, Mr., quoted, 485.
Dwight, Timothy, 540.

Eastern Shore, right to secede

from Maryland, 421-422.
Eddis, Mr., quoted, 6-7.
Eden, Gov., quoted 6; opposed

by Frederick Co., 8, 21.
Education in Maryland, 441-443.
Elective Franchise (Md.), 451.
Escambia R., improvements

along, *I70-I7i.
Everheart, Lawrence, 16.
Executive Department (Md.),

433, 452-453-

Failures of State banks, 123-130.
" Farmers' Loan and Trust

Company " (N. Y.), 278, 331-

336.
Farnam, Prof., 595.
Faw, Abraham, 49 (note).
Featherstonhaugh, *I43-I44.
" Federal roads " [see ' ' Ala-
bama "].
Fenno, John, 506-509, 510-511,

523-524
Fidelity insurance, 296-297.
" Fidelity Insurance, Trust and

Safe Deposit Company," 280.
Fiery, Mr., 424.
Fillmore, Millard, quoted, 75.
Findlay, John V. L., 21.
Finley, Capt. Samuel, 25 (note).
Fiscal Agency, trust company

as, 299-300.
Fisk, George M., on " European

Tariff Union," 575-622.
" Fisk and Hatch," 316.
Florida, bank legislation, 79, 93,

96, 100.
Forman, Samuel E., on " Philip

Freneau," 470-569.
Francis, Dr. John W., 564-565-
Francke, Prof., 615-616.
Frazer, Thomas, 15.
Free negroes in Maryland, 437-

441-

Index.

[626

Frederick County (Md.), settle-
ment, 5-7; opposes Gov. Eden,
8; stands for liberty, 8-10, 12-
13; loyalty to king, 10-12; helps
Boston, 13; raises troops, 14;
militia, 16-17; division, 17-19;
more toward national inde-
pendence, 19-24; furnishes sup-
plies, 44-49; action against
Tories, 53-56; Resolutions on
national affairs, 416.

Frederick Town, 6-7, 33-36, 45,
48-53, 56-57.

Frelinghuysen, Frederick, 474.

Freneau, Peter, 544.

Freneau, Philip, 470-569; birth,
473-476; teacher, 476-480; anti-
473-476; teacher, 476-480; anti-
British writings, 480-483; voy-
ages, 484-485; patriotic poet,
485-491; at sea, 491-492; in New
York, 492-493, accepts govern-
ment position, 493-498; editor
of " National Gazette," 499-
543; attacks on Hamilton, 509-
5io, 513-529; attacks National
Bank, 528-529; sympathizes
with France, 529-536; " New
Jersey Chronicle," 544-545; lit-
erary work, 545-551; at sea,
551-552; in retirement, 553"559;
death, 560; estimate of, 561-
566; publications of, 567-569.

Fuch, Prof., 592.

Gaal, Eugen von, 587.

Gainsberger, Peter, 26 (note).

Gaither, Greenbury, 15.

Gamier, Josef, 578.

Gayle, Gov. (Ala.), *i53.

Gazette, National [see " Fre-
neau "].

" Gazette of the United States "
[see " Fenno "].

Genet, Citizen, 530-534-

Gensel, Dr., 610-611.

Gerloczy, Geza von, 600.

Germans, settle in western Mary-
land, 5-8; for liberty, 7-8; sol-
diers, 15.

German Baptists, refuse to serve
in army, 24.

Germany, attitude toward tariff
union [see " Middle European
Tariff Union"].

" Girard Life Insurance, Annu-
ity and Trust Company," 279-
280.

Goldsborough, William, 402.

Goluchowski, Count, 605-606.

Goodrich, Chauncey, 505.

Grason, Gov. William, 413, 424,
433-

" Grenzboten," Die, 609-610.

Griffith, C. G., 15.

Griswold, 564-565.

Gwinn, Charles J. M., 414, 419,
43i.

Georgia, bank legislation, 78-79,
87, 89, 94, 96, 102, 103, 116, 117
(note).

Hagerstown, 6-7.

Hamilton, Alexander, 502-504,
505-506, 507, 509, 513-529, 538.

Hanson, Andrew C, 54-55.

Hanson, John, 8, 12, 13.

Hanson, John, Jr., 32, 37-38, 45.

Hanson. Peter, 15.

Harbor improvements [see "Ala-
bama "].

Harry, J. W., on " Maryland
Constitution," 383-464.

Hawkins, Col. Benj., *I37 (note),
♦141.

Hertzka, Dr., 585.

Hessians, imprisoned at Fred-
erick, 50-53, 56-57.

Hicks, T. H., 413, 421-422, 434-
435, 444.

Highways [see "Alabama"].

Hillen, David, 27 (note).

Hirschberg, 584.

Hitschmann, Hugo H., 600.

" Hiwassee and Coosa Canal,"
*I55-

Hodgson Adam, *I42-I43.

" Homans' Bankers' Almanac
and Register," 170-171.

Houston, Gov. S. (Ala.), *20i-
202.

Howard, Benj. C, 414.

Howard County (Md.), forma-
tion of, 461.

Hughes, Col. Daniel, 46.

627]

Index.

Hughes, Samuel, 21, 43 (note),

46.
Huston, J. P., quoted, 115 (note).

I
Idaho, bank legislation, 80 (note),

84, 101.

Illinois, bank legislation, 73-74,

85, 86, 87, 89, 94, 96, 128, 134,
138, 159-160; trust companies
in, 329.

Incorporation of banks [see
" State banks "].

Indiana, bank legislation, 85, 86,
87, 88, 93, 96, 100, 125, 128,
134, 138, 159-160.

Indianapolis Monetary Commis-
sion, quoted, 124-125.

Indians, in Alabama, *I27-I28,

*I45-

Indian paths [see "Alabama' J.

Insurance [see " Fidelity,"
"Title," etc.].

International Agrarian Congress
(1885), 587; (1896), 5997603.

Internal improvements in Mary-
land, 394-395, 412-413, 454, 460-
461 [also see "Alabama"].

Iowa, bank legislation, 73"74, 85,

86, 94, 97 (note), 122, 157, 159.

Jacques, Denton, 30.

Jay, John, 505.

Jefferson, Thomas, 493-497, 502-

504, 517-529, 531-534, 537-538,

539, 540-541, 553, 557, 563-565.
Jenifer, Mr., 436-437-
" Jersey Chronicle " [see " Fre-

neau "].
Johnson, B., 48.
Johnson, James, 54-55-
Johnson, John, 45, 48.
Johnson, Thomas, 12, 13, 16, 17,

46, 48, 49.
Johnson, Wm. C, 414.
Judiciary (Md.), 396-398, 425-428,

448, 458-459.
Jureschek, Dr. von, 601.

K
Kansas, bank legislation, 71-72,
73-74, 87, 88, 90-92, 94, 96, 116,
117 (note), 145-146, 147, 150, 157,
163.

Kasperow, 601-602.

Kaufmann, R., 579"58o.

Kanitz, Count, 604.

Keiser, Wm., 15.

Keller, Capt, 24, 30.

Kentucky, bank legislation, 78,
87, 89, 93, 99, 101, 117 (note),
146, 151 (note); trust compan-
ies in, 312.

Kerr, Capt. Jacob, 24 (note).

Key, John Ross, 14.

Keyser, Capt. Wm., son of,
quoted, 7-8.

Kimmel, Col. Anthony, 400.

King, Dr., 491-492.

King, Rufus, 523-524, 540-

Knox, Mr., quoted, 123.

Kovalesky, 601-602.

" Kreuzzeitung," quoted, 604,
606.

Kubeck, Baron von, 585.

Lawler, Levi W., *202-2O5.
Lee, Henry, 474, 493, 495.
Legislation concerning banks

[see " State banks "].
Legislature (Md.), powers of,

453-454, 456-457-
Leroy-Beaulieu, Paul, 578, 609-

610.
Leuss, Count Paul de, 591.
Lexis, Dr. W., 601.
Liability of stockholders, 116-

122.
Limousin, C. M., 578.
Lincoln, Gen., 56.
Lindsay, Gov. (Ala.), *20O-2oi.
Livingston, Henry B., 492.
Llanrado, Andre de, 600.
Lloyd, Edward, 413, 424.
Loans [see " Real estate loans "].
" Longfellow vs. Barnard," 150.
Louisiana, bank legislation, 78,

85, 86, 87, 89, 102-103, 104

(note).
Lowe, Gov. (Md.), quoted, 394;

449-450.
Luckett, Wm., 11.

McFadon, Alexander, 47.
McKean, Thomas, 549-550.
McKnight, Charles, 475.
Maclay, Senator, 536.

Index.

[628

McLeary, Lieut., *139.

Madison, James, 474-475, 477-479,
492, 493-497- 512, 527, 54i, 553,
561.

Magruder, Zadock, 15.

Maine, bank legislation, 120.

Mamroth, Carl, 590.

" Manhattan Company," 275.

Mantz, Peter, 15.

Martin, Wm. E., on " Internal
Improvements in Alabama,"
127-205.

Martin, Dr. W. E., 601.

Massachusetts, bank legislation,
89, 93, H7> 119, 120.

" Massachusetss Loan and Trust
Company," 282.

Matlekovitz, Dr. Alexander von,
592-593, 602.

Maryland, bank legislation, 77,
79, 94; in Revolution [see
"Western Maryland"].

Maryland Constitution of 1851,
393-464; early constitutional his-
tory, 387-389; reform agitation,
390-410; economic changes, 390-
391. Reform Convention of
1836, 392-393; legislature of
1836-1837, 393-395; internal im-
provements, 394-395; legisla-
tive representation, 395-396;
judiciary, 396-398; slavery, 398-
401; Reform Convention of
1845, 400-401; legislature of
1845, 401; legislature of 1847,
401-403; political campaign of
1847, 402; county conventions,
403-404; Reform Convention
of 1849, 404-406; campaign of
1849, 406; legislature of 1849,
407-409; campaign of 1850, 409-
410, 463; constitutional con-
vention, 411-445; delegates, 413-
414; party lines, 414; resolu-
tions on national questions,
415-416; legislative represen-
tation, 417-418, 419-425. 453.
456-457; slavery, 418-419, 420,
422-423; judiciary, 425-428; 458-
459; General Assembly, 428-
429, 432-433, 453-454. 456-457:
Declaration of Rights, 429-
432, 440-441, 450; executive de-
partment, 433, 452-453; sena-

torial districts (U. S.), 433-
435; amendments, 435-437,
462; free negroes, 437-441; ed-
ucation, 441-443; temperance,
443-444; adjournment, 444-445,
the Constitution, 446-462; rati-
fication, 446-450, 464; analyses
of changes, 450-462.

" Maryland Line," 14-15.

" Maryland State Colonization
Society," 438-439-

Mennonites, refuse to serve in
army, 23-24, 26-27.

Menut, A., 546.

" Merchants' Loan and Trust
Company " (111.), 283.

Merrick, Wm. D., 413, 419, 423.
440.

Michigan, bank legislation, 73-
74, 85, 86, 87, 89, 93, 96, 103,
106 (note), 109, 157, 162, 169,
170.

Middle European Tariff Union,
575-622; German Zollverein,
575-576; literature on subject,
577-594; 596-603. 605-612, anti-
American feeling, 595-596, 603-
608; bibliography, 617-622.

Militia of Maryland, 23-24, 26-27,
28-31, 32, 36-37, 47-49-

Minneapolisj trust companies in,
319-

Minnesota, bank legislation, 85,
86, 89, 94, 96, 100, 103, 117
(note), 144, 157; trust com-
panies, 303-304, 3I9-.

Mississippi, bank legislation, 78,
84, 99. 101, 102, 144, 168.

Missouri, bank legislation, 72,
86, 93, 96, 103, 116, 143 (note),
145, 146, 151 (note), 157, 162,
170; trust companies, 304.

Mobile, harbor improvements,
*i72-i75.

Molinari, G. de, quote d, 577-579-
602.

Montana, bank legislation, 94.

Montgomery County (Md.), for-
mation, 19.

Morris, Gouverneur, 503, 504-
505.

Morse, quoted, 67.

Murdock, John, 15.

Myers, Jacob, 47.

629]

Index.

" Nation," The, quoted, 616.

National banks, in competition
with State banks, 151-165.

" National Gazette " [see '* Fre-
neau "].

National highways [see " Ala-
bama "].

" National Trust Company," 316.

Nebraska, bank legislation, 84-
85, 87, 88, 89, 94, 96, I2i, 145,
146-147, 150, 157, 163.

Nevada, bank legislation, 80
(note), 84, 101.

" Neue Preussische Zeitung "
[see " Kreuzzeitung "].

" New England Trust Company,"
282.

New Jersey, bank legislation, 77,
88, 94, 105 (note), 142, 144.

New Mexico, bank legislation,
84, 100, 101.

New York, bank legislation, 75-
76, 85, 86, 87, 89, 94, 96, 100,
103, 119, 120, 129-130, 142, 144.
160 (note).

New York Clearing House, re-
lations with trust companies,
. 303, 306.

" New York Life Insurance and
Trust Company," 278.

New York, trust companies in,
277-279, 303, 304, 305-306, 312,
314, 316-318, 319, 322, 324-325,
328-329, 331-336.

" New _ York Warehouse and
Security Company " 316.

" Nickajack," *i54.

" Nineteenth Congress of Ger-
man Economists," 584-586.

" North American Trust and
Banking Company," (N. Y.),

( 274-275, 328.

" Northampton Loan and Trust
Company " [see Massachusetts
Loan and Trust Co."].

North Carolina, bank legisla-
tion, 79, 81, 100, 102, 144-145.

North Dakota, bank legislation,
87, 89, 93, 103, 109, 128, 147-
148, 149, I56-I57-

Notes [see "Bank Notes"].

Nourse, Joseph, 52.

Observation, Committees of, in

Frederick Co., Md., 10, 12-13,

14. 18. 19-20; oppose Gov.

Eden, 21-22; raise troops, 23-

24, 26-27, 28-31, 32, 36-37, 49;

action against Tories, 24-26,
27-28, 32-36; regulate trade,

31-32, 33-
Ogle, James, 15.
Ohio, bank legislation, 73-74, 85.

86, 87, 88, 93 (note), ior, K>2,

117 (note), 119 (note), 128, 134,

138, 159-160, 170.
" Ohio Life Insurance and Trust

Company," 275.
Oklahoma, bank legislation, 72,

87- 89, 93, 96, 103, I47-I48, 149,

158.
Oregon, bank legislation, 80

(note), 84, ior, 156.
Owen, Rev. John, *I4I-I42.

Parks, John, 9.

Parton, quoted, 523.

Pebz, Dr. A., 580-581, 59I-592,
596-599-

Pennsylvania, bank legislation,
77, 83, 93, 96, 142, 170; trust
companies, 279-282, 304.

" Pennsylvania Co., for Insur-
ance on Lives and Granting
Annuities," 277-278, 274-280,
337-339-

Peter, Robert, 9-10.

Philadelphia, trust companies in,
279-282, 319, 327, 337-339\ yel-
low fever in, 537.

Pickell, Col. John, 404.

Pickens, Gov. (Ala.), *i52.

Pintard, John, 493, 558, 562.

Poe, George, 15.

Potts, Richard, 12.

Powers, Prof. H. H., 610, 614.

Presstman, Mr., 418, 419, 431,
432, 456.

Price, Thos. p. 14.

Princeton [see " College of New
Jersey "].

Private banks, 67, 136-151.

" Produce Exchange Trust Com-
pany " (N. Y.), 328-329-

Promoting, 309-310.

Index.

[630

Provincial convention, 10, 13.
Provoost, Bishop, 558.

Quakers, refuse to serve in
army, 23-24.

Railroads [see "Alabama"].

Randall, Alex., 413-414, 431.

" Rand and McNally's Bankers'
Guide," quoted, 169-170.

Rathgen, Prof., 612.

Rawlings, Moses, 14, 52-53.

Real estate loans, 108-115.

" Real Estate Loan and Trust
Company " (111.), 283.

Referendum, on bank legisla-
tion, 73-74-

Representation, in Maryland leg-
islature, 395-396, 417-418, 419-
425, 453-

Richardson, Beale H., 404.

Richardson, Thomas, 15.

Ridgely, James L., 414.

River improvements [see " Ala-
bama "].

Road laws and systems [see
" Alabama "].

Ross, James, 549-550.

Roosevelt, Theodore, quoted,
321 (note).

Rouerie, Marquis la, quoted, 51-
52.

Safe-deposit, 298-299, 327.

Sagnier, Henry, 601.

Savings bank, 86; trust com-
panies as, 300-301, 327.

Schmoller, Prof., 593, 597-599,
602.

Schraut, M., 586-587.

Scotch-Irish, settle in Maryland,
5-6.

Scougal [see " State vs." etc.].

Sedgwick, Theodore, 505.

Sheredine, Upton, 11, 15, 54-55.

Shryock, Henry, 22.

Shryock, John, 23 (note).

Sims, Ignatius, 27-28 (note).

" Slave-Holders' Convention,"
437-

Slavery, in Maryland, 398-401,
418-419, 420, 422-423.

" Slender," Robert [see " Fre-
neau "].

" Skipton District," 18-19.

Smith, Mr., 442.

Smith, Dr. John, 39-44.

Smith, William H., quoted, *I98.

Sollers, Mr., 435-436, 457.

Sombart, Prof. Werner, 596.

South Carolina, bank legisla-
tion, 78, 84, 101, 102-103, 108.

South Dakota, bank legislation,
87, 89, 93, 104 (note), 109, 147-
148, 156-157, 162.

Sprigg, Gov. Samuel, 413.

Spring, Samuel, 474, 475 (note).

State banks, definition, 67-68;
legislation concerning, 67-72,
90-91, 96, 148-149; incorpora-
tion, 67-68, 73-82, 85; statistics,
68, 101-102, 107, no, 122-129,
131-136, 139-143, 151, 154-155,
159, 161-162, 168; capital, 83-97;
amount required, 84-92; pay-
ment, 92-94; impairment, 94-
97; supervision, 98-107, 144-146;
real estate loans, 108-115; lia-
bility of stockholders, 116-122;
failures, 123-130; growth, 131-
136; causes, 137-165; compared
with private banks, 137-151;
competition with National
banks, 151-165.

State officials, bank reports of,
166-167.

" State Reform Conventions "
(Md.), of 1836, 392-393; of 1845,
400-401; of 1849, 404-406.

State regulation of trusts, 311-

333-
" State vs. Scougal," 148 (note),

149-
" State vs. Stebbins," 149.
" State vs. Woodmansee," 147-

148.
Statistics of trust companies, 341-

377-
Statutory liability, 117-122.
Stebbins, see " State vs." etc.
Steiner, B. C, on " Western

Maryland in the Revolution,"

i-57-
Stewart, David, 413, 419.
Stimson, Mr., quoted, 70. _ _
Stockholders [see "Liability"].
Strieker, George, 15.

631]

Index.

til

Stull, John, ii. 21. 30, 32 (note),

48.
Swan, John, 23 (note).

Tennant, Rev. Wm., 473-474.

Tariff [see " Middle European
Tariff Union "].

Temperance, discussed by Mary-
land Constitutional Conven-
tion, 443-444-

Tennessee, bank legislation, 78,
84, 99 (note), 101, 131-132.

Tennessee-Coosa Canal, *I57-I58.

Tennessee River, improvements
along, *i6o-i66.

" Tennessee and Tombigbee
Canal," *I55.

Texas, prohibits State banks, 73,

Thomas, Philip Francis, 397, 402,
407.

" Time-piece and Literary Com-
panion," 546.

Title Insurance, 297.

Tombigbee River, improvements
along, *i7S-i78.

Tories, in Maryland, 24-26, 27-
28, 32-36, 53-56.

Trading roads [see "Alabama"].

Treasury Department of Mary-
land, 459-460.

Trust companies in United
States, 267-377; definition 273,
274-277; in New York, 277-279;
in Philadelphia, 279-282, in
Boston, 282-283; in Chicago,
283-284; functions, 285-295;
trusts under will, 285-288; for
real estate, 286-287, for person-
al property, 287-288, assignee
and receiver, 288; trustee un-
der mortgage deed, 289-291,
trustee under private agree-
ment, 291; transfer agent and
registrar, 291-295; auxiliaries
to trust business, 296-310; fidel-
ity insurance, 296-297, title in-
surance, 297; safe-deposit, 298-
299> 327'> fiscal agency, 299-300;
savings bank, 300-301, 327; de-
posit and discount bank, 301-
309, 327; promoting, 309-310;
State regulation, 311-323; place

and cause of development,
324-330; Statistics, 341-377-

"Trust fund doctrine," 116.

Tuomey, Prof., quoted, *I5I.

" Union Trust Company " (N.
Y.), 278, 316.

" United States Trust Com-
pany," 276.

Utah, bank legislation, 93 (note),
146, 151 (note).

Vermont, bank legislation, 85,

88, 94.
Virginia, bank legislation, 79, 84.

100, 101.
Vogue, Marquis de, 601.
Von Marshall, 596.
Von Ploetz, 602.
Vosberg-Rekow, Dr., 608-609.

Wagner, Prof. Adolf, 610.

Walcker, Dr. Karl, 583-584-

Waltershausen, Prof, von, 607-
608.

Warren, Thomas, 14.

Warrior River, improvements
along, *I78-I79.

Washington, bank legislation,
93, 99, 101, 116, 120 (note), 144.
156.

Washington County (Md.), for-
mation, 19.

Washington, George, 491-492,
500-501, 505-506, 528. 532-537.
547-

Webster, Daniel, 416.

Weigert, Dr. Max, 584. 585.

Welker, Dr., 585.

Weltner, Lodowick, 15.

Wermert, Dr., 590-591.

Western Maryland in the Revo-
lution, 1-57.

West Virginia, bank legislation.
78, 87, 88, 93, 104 (note), 116,
168.

White, Horace, quoted, 109-110.

Williams. Otho Holland, 14, 15.

Wilson, George W., 400.

Winston, Gov. John A. (Ala.),
*I93-I97-

Index.

[632

Wisconsin, bank legislation, 73-
74, 85-86, 94, 97, 103, 104 (note),
109, 111-112, 116, 122, 144-145,
147, 157, 158 (note), 170.

" Wisconsin Fire and Marine In-
surance Company," 275.

Wolcott, Oliver, 505, 540.

Wolff, Dr. 584.

Wood, Robert, 47.

Woodmansee [see " State vs.
Woodmansee "].

Worrel, Henry, 24 (note).

Wyoming, bank legislation, 93.

Yellow fever, in Philadelphia,

537-
Yost, John, 46.

Zane, Ebenezer, *i34.

" Zollverein " [see " Middle Eu-
ropean Tariff Union"].

" Zukunft der Volker von Mit-
teleuropa," 594.

HERBERT B. ADAMS

^f^$. ^i^w

Herbert B. Adams

TRIBUTES OF FRIENDS

WITH A

BIBLIOGRAPHY

OF THE

Department of History, Politics and Economics

of the Johns Hopkins University,

1876 — 1901

BALTIMORE
THE JOHNS HOPKINS PRESS

1902

Z$t £orb <§<x?timon (preee

The Friedenwald Company
baltimore, md., u. s. a.

j|n QtUmorp of

%txUxi QE>. Jlbame

%$t inepiring Uacfycv
Z2>t eftiffue eotfor
Z§t devoted friend
Z$t <$enerou0 giver
Qpflo ae jfeffow
dtleeocia^e ano (profe00or
Served t§\& (University
Q8it§ digntfp and distinction
from 1876 *o 1001

CONTENTS

PAGE

Portrait Frontispiece

Herbert B. Adams :

A Biographical Sketch. By J. M. Vincent 9

The Life and Services of Herbert Baxter Adams. By

Richard T. Ely 27

Other Tributes :

By Daniel C. Gilman :

For The Outlook 53

For the Massachusetts Historical Society 56

For the President's Report 60

By Burr J. Ramage :

For the American Historical Magazine 62

Resolutions :

American Historical Association 64

Trustees of the Johns Hopkins University 65

Johns Hopkins University Historical and Political Science

Association 66

Bibliography of the Department of History, Politics

and Economics, 1 876-1 901 71

HERBERT B. ADAMS

A BIOGRAPHICAL SKETCH >
BY J. M. VINCENT

In presenting a memorial to the late Professor Herbert
B. Adams, I stand as one among a large number who
would be glad to bring forward their tributes of respect
and affection. The ties which bound him to his contem-
poraries were numerous and varied. To his students he
was an inspiring teacher and a faithful friend. To the
world of educators he was an adviser whose opinions and
cooperation were sought and shared by many. Conse-
quently, numerous estimates of his work and character
have already appeared in the periodical press; yet a bio-
graphical sketch may be in place, since materials for a
description of his earlier life and academic history have
recently come within my reach. Professor Adams him-
self had collected from time to time the chief items in his
own career, and of these papers I have made free use.
My only regret is that the matter was not left more in
autobiographical form, so that it might be presented with
the original charm of reminiscence.

Herbert Baxter Adams was born at Shutesbury (near
Amherst), Massachusetts, April 16, 1850. His father was
Nathaniel Dickinson Adams, a lumber merchant and select-
man of Shutesbury, and a descendant of Henry Adams,
who settled in Braintree, Mass., 1634. His mother was
Harriet Hastings, a descendant of Deacon Thomas Has-
tings, who settled in Watertown, Mass., 1634. Lieutenant

*An address presented before the American Historical Associa-
tion at its meeting in Washington, D. C, December 30, 1901.
2

10 Heebeet B. Adams

Thomas Hastings, of the Revolutionary army, was also a
member of this family, and the race as a whole was of
sound Puritan stock.

Herbert B. Adams prepared for Amherst College in the
public schools of his adopted town of Amherst, whither
his mother and two brothers removed after the father's
death, which occurred September 7, 1856. The older
brothers continued their studies at Williston Seminary,
East Hampton, Mass.; the eldest, Charles Dickinson
Adams, was afterward graduated, at the head of his class,
at Amherst College, 1863, and became a prominent and
respected lawyer in New York City. He died March 20,
1889. The second brother, Henry Martyn Adams, went
from Williston Seminary to Troy Polytechnic Institute and
thence to West Point Military Acadamy, from which he
was graduated at the head of his class in 1866. He now
holds the rank of Lieutenant-Colonel in the Engineer
Corps of the United States Army.

At the suggestion of his elder brother, Herbert Adams
entered Phillips Exeter Academy in the winter of 1867
and was graduated with honor in the class of 1868. He
won the Porter Prize for the best entrance examination
at Amherst College in the fall of that year and was grad-
uated with the valedictory in 1872. The following year he
taught Latin, Greek, Mathematics and Classical History
at Williston Seminary, where he succeeded Dr. Charles H.
Parkhurst, now of New York, as teacher of the middle
classical class. After a year at Williston he was encour-
aged by his elder brother to go abroad for higher studies
and sailed for Germany to take up History. This was in
fullfilment of a desire first conceived at Phillips Exeter
Academy and strengthened at Amherst College. Young
Adams acquired his taste for history from books given
him at school by his elder brother and by early privileges,
obtained as a sub-freshman, of drawing books from the
library of Amherst College. President Julius H. Seelye
confirmed this early historical bent of mind by a single lee-

A Biographical Sketch 11

ture on " History " in Adams' senior year, and it was
President Seelye who originally gave him a written permit
to use the College Library years before the boy entered
the institution.

Adams said of his own life at Amherst: "My editorial
connection with ' the Amherst Student ' really gave a per-
manent bent to my life. I learned more real useful knowl-
edge in that voluntary connection than in all other college
means of training, in punctuation, composition, and rhet-
oric. To this day I can discern more lasting influences
proceeding from that editorial den of mine at Amherst
than from any other one college source. I have forgotten
my mathematics, which I always hated, but in which I
always ranked high by reason of my Exeter training,
but I shall never forget how to revise other people's
manuscript and read proof, although I hate that too." His
private reading in college was chiefly in connection with
the subjects upon which he had to write or debate. His-
tory was not a large part of his collegiate training and we
might be a little surprised that he afterwards devoted his
life to it. Of this he says himself: " Of history, we had
nothing at all, after the freshman year when Smith's Man-
uals of Greece and Rome were studied in well-chosen
selections." The impulse came later. " I remember in
the philosophical course by the President of the College
one remarkable lecture on the Philosophy of History.
After rapidly reviewing the course of civilization, Dr.
Seelye said that history was the grandest study in the
world. That sentence decided my fate. I determined to
devote myself to that grand subject. Up to that time I
had no career in mind except journalism. I had written
more or less for the " Amherst Record " and for the New
York and Boston papers when I found a chance to do any
reporting. But now my mind was quickly made up to
pursue the ' grandest study in the world,' the recorded
experience of mankind."

12 Heebeet B. Adams

Before settling down in Germany, Adams studied French
for some months at Lausanne, Switzerland, whither he
had been directed by Professor Lalande, his French tutor
at Williston Seminary, and by whom he was personally
introduced to Professor Thebault, of the Lycee. After
Lausanne there followed a few months of study and travel
in Italy, and a second brief sojourn in Paris. Here he
met his elder brother, who dissuaded him from further
study in France, and urged him to take up German univer-
sity life at once.

In January, 1874, he proceeded to Heidelberg with many
pleasant anticipations, for the place had been graphically
pictured to him by an Exeter fellow student. Here he
met his Amherst College friend, John B. Clark, now pro-
fessor in Columbia University, and with him heard the
lectures of Wilhelm Ihne on Roman history; Kuno Fischer
on German literature and philosophy; and Heinrich von
Treitschke on politics. At Heidelberg, Adams lived in the
family of the late Dr. Emil Otto, author of the well-known
grammars, and with him studied and practiced German, at
the same time making many acquaintances and good
friends among German students. He continued also the
daily practice of French conversation with Swiss students
and in a Swiss family of his acquaintance. Thus passed
the winter and summer of that academic year.

After a tour of North Germany and a visit to the Am-
herst men residing in Gottingen, Adams spent the winter
semester of 1874-75 at the University of Berlin. The pro-
fessors who interested him most were Ernst Curtius, who
lectured on Greek art and archaeology; Hermann Grimm,
who illustrated early Christian and Italian art by familiar
talks in the Royal Museum; Lepsius, who, in the same
Museum, discoursed on Egyptology; Zeller, the historian
of Greek philosophy; Droysen, who lectured on the French
Revolution; and Treitschke, who had just come, with great
eclat, from Heidelberg, and whom Adams, like many other
students, had really followed to Berlin. The mentor and

A Biographical Sketch 13

friend of young Adams in Berlin was Dr. Elihu H. Root,
a pupil of Helmholtz, and afterwards professor of physics
in Amherst College.

In the summer of 1875, somewhat discouraged at the
prospect of the expensive and protracted course of study
necessary for the Doctor's degree in Berlin, Adams would
have returned home to America and actually forwarded his
books to Glasgow with that intent; but, while on a tour
through Southern Germany, he received a generous letter
from his elder brother, urging him to remain in Germany
and finish what he had begun at Heidelberg. Accordingly,
he returned for another year and, in the summer of 1876,
under the guidance of Prof. J. C. Bluntschli, completed a
definite course in Historical and Political Science. In
these subjects he was examined by Bluntschli the states-
man and Knies the economist, and was awarded the degree
of Doctor of Philosophy by the Political Science Faculty,
July 14, 1876.

In a little old diary which Adams kept during this period
there are interesting entries of his reading for this exami-
nation. Great sections of Bluntschli's Staatslehre, Volker-
recht and Staatsworterbuch were consumed from day to day.
While reviewing his notes a month beforehand be writes,
" Headache, scared over the prospect of exam." Hence
we are prepared for the entry of July 13: " The die is cast.
Studied until dinner. Am nervous — had a bad night.
Loaf until 6 p. m. Examination from 6-8 p. m. Summa
cum laude! Knies, Bluntschli, Erdmannsdorrrer, Winkel-
mann, Stark, Ribbeck, Weil, and others present." On the
15th of July, Adams bade farewell to his professors and
entered in his diary the comment: "Bluntschli a trump."

Through Bluntschli's personal influence and recom-
mendation, Adams had been appointed, while still at
Heidelberg, to the Fellowship in History at the Johns
Hopkins University. It is interesting to note in this con-
nection that about a year after Bluntschli's death (October
21, 1881), his private library was publicly presented (De-

14 Heebeet B. Adams

cember 20, 1882) to the Johns Hopkins University by a
group of German citizens of Baltimore, who thus contrib-
uted to a doubly patriotic object in presenting the library
of a German statesman to an American school of Histor-
ical and Political Science. (See " Bluntschli, Lieber, and
Laboulaye," and " Bluntschli's Life-Work " by H. B.
Adams, privately printed in 1884 by John Murphy & Co.).
This library was the first memorable, public gift to the
new University.

When Dr. Adams came to Baltimore as Fellow in His-
tory, at the opening of the University in the fall of 1876,
Dr. Austin Scott, a graduate of Yale University, 1869, and
now President of Rutgers College, was in charge of the
work in History. At that time he was the coadjutor of
Mr. George Bancroft in the revision of his History of the
United States and in the preparation of Bancroft's last
great work on the Formation of the Constitution. Dr.
Scott resided in Washington, but came to Baltimore once
or twice a week for the conduct of a Seminary of American
History, which used to meet in one of the rooms of the
Maryland Historical Society. It was in connection with
the work of this Seminary that Dr. Adams prepared his
first printed monograph entitled, " Maryland's Influence in
Founding a National Commonwealth, or the History of
the Accession of Public Lands by the Old Confederation."
This was published in 1877 by the Maryland Historical
Society as Fund Publication No. 11, and was afterward, in
1885, republished in revised form by the University. The
monograph presents some of Dr. Adams' favorite subjects
of study, in particular, the importance of our western terri-
tory as a necessary economic and historic basis for the
American Union. George Washington's interest in west-
ern lands, in the Potomac Company (historic forerunner
of the Chesapeake and Ohio Canal), and in the project of
a National University continued to influence Dr. Adams
throughout his academic life. He believed most strongly
in our first President's notion of a great School of Political

A Biographical Sketch 15

Science, midway between the North and the South, to
which young men from both sections could come and, by
friendly association, do away in some measure with what
Washington called " local attachments and State preju-
dices."

The first work of Dr. Adams as a teacher in the Johns
Hopkins University began while he was yet a Fellow. At
first he had a class of two once a week and a class of one
twice a week. Both were voluntary. The class of one
was peripatetic and consisted of a park walk and a talk on
American constitutional history with George M. Sharpe,
(now Judge Sharpe, of Baltimore). The class of two
studied the outlines of European history and met in one
of the old buildings since torn down. The Register of the
University for the third year, 1878-79, contains the first
mention of his regular collegiate class work: "European
History during the Middle Ages, four times weekly, first
half year, with 14 students." At the same time, Dr. Scott's
" Seminary of American History " met for advanced work
once weekly, through the year, and enrolled 15 students.
Adams was also actively connected with this.

In the spring of 1878, Dr. Adams was invited to Smith
College, Northampton, Mass., to lecture to the first three
regular classes of that new institution. He gave them
written lectures on the History of Church and State, which
he had originally prepared and had already given in part
at the Johns Hopkins University in the previous year, to
a semi-public audience of ladies and gentlemen. The invi-
tation to Smith College was the beginning of Dr. Adams'
academic promotion, for, when called to a professorship in
Northampton, he was appointed at a lower salary an asso-
ciate in history in Baltimore. He continued to hold both
positions for some years, lecturing on history at Smith
College during the spring term.

It was at a June commencement in Northampton that
President Gilman once began his address with this pleas-
ant introduction: " I know not what unseen ties may bind

16 Herbert B. Adams

Smith College and the Johns Hopkins University to-
gether, but I do know that they both have the same teacher
of history, who, in his annual migrations from Northamp-
ton to Baltimore, brings us tidings of the beautiful, the
true, and the good! " This spring-time experience of Dr.
Adams in the Connecticut Valley, only a few miles from
his own home, he always looked back upon with the great-
est pleasure.

In 1881, Edward A. Freeman visited America and spent
some time in Baltimore lecturing at the Peabody Institute
and at the Johns Hopkins University. He took much
interest in the historical work of the University, and in an
English Review and later in his book called " Impressions
of the United States," Mr. Freeman said: "A young and
growing school which still has difficulties to struggle
against, may be glad of a good word on either side of the
ocean. I cannot help mentioning the school which is now
devoting itself to the special study of local institutions, a
school which is spread over various parts of the Union,
but which seems to have its special home in the Johns
Hopkins University at Baltimore, as one from which great
things may be looked for. Nor can I help adding the
name of my friend Mr. Herbert B. Adams as that of one
who has done much for the work, and who, to me at least,
specially represents it."

For several years after his visit to Baltimore and after
his call to the historical professorship at Oxford, Mr.
Freeman continued to write encouraging letters to Dr.
Adams. In an article entitled " Mr. Freeman's Visit to
Baltimore," he published an account of a great service
rendered by Freeman and James Bryce to Maryland and
the Maryland Historical Society. They visited the library
of the Society and there were made acquainted with the
character of the archives of the State. Afterwards each
of the visitors wrote a letter regarding the importance of
preserving and publishing the manuscript records of the
Commonwealth. These opinions, made public by the

A Biographical Sketch 17

Historical Society and reinforced by prominent citizens
and the whole Baltimore delegation to the legislature, were
laid before the General Assembly, while a sharp newspaper
campaign was conducted by Dr. Adams. The result was
the removal of the colonial papers from Annapolis to Bal-
timore and the beginning of their publication at the ex-
pense of the State.

We see from Mr. Freeman's description the tendency of
the Historical Seminary which Adams was quietly building
up. At first it was held in the rooms of the Maryland
Historical Society, then in a basement room of the Pea-
body Library, where he was allowed to collect and use
books on English constitutional history. Shortly after
Mr. Freeman's visit the Bluntschli library was received and
thereafter both seminary and books were installed in hand-
some quarters on the University premises. In these
rooms, since devoted to mineralogy, passed a large part of
the stirring period of Adams' university career. It is to
that seminary table, placed in the midst of a laboratory of
books and literally lighted from above, that the recollec-
tions of the older generation of Hopkins historians return.

Adams himself was at this time deeply interested in the
origin of New England towns and other local institutions,
for which he made numerous original investigations. He
derived the. impulse, not from Freeman, but from a study
of Sir Henry Maine and Von Maurer, first suggested by
Professor Erdmannsdorffer in a Heidelberg seminary.

The researches of Adams' seminary progressed so vigor-
ously that a regular form of publication was found desir-
able. In 1882, he began the issue of the " Johns Hopkins
University Studies in Historical and Political Science."
To give the enterprise an impulse, Mr. Freeman after his
return to England wrote an " Introduction to American
Institutional History." It was this phrase which was used
by the Academic Council nearly ten years later in giving a
title to Adams' professorial chair.

18 Herbert B. Adams

The value of the Studies was recognized at once. John
Fiske, some years afterward, said: "In studying the
local institutions of our different States I have been greatly
helped by the Johns Hopkins University Studies in His-
tory and Politics. ... In the course of the pages below
I have frequent occasion to acknowledge my indebtedness
to these learned and some times profoundly suggestive
monographs, but I cannot leave the subject without a
special word of gratitude to my friend, Dr. Herbert B.
Adams, editor of the series, for the noble work which he is
doing in promoting the study of American history." The
works of James Bryce and other writers upon American
institutions are full of notes derived from the special mono-
graphs of this series.

When the Historical Studies were first started the idea
was new, and at once attracted attention at home and
abroad. The personal contributions of the editor were
numerous, chiefly in the field of American institutional and
educational history. These publications set the example
in this country for original academic contributions to his-
torical and political science in serial form. In twenty
years such monographs and periodicals have increased to
a wonderful degree, and all are adding something to the
scientific and economic capital of the country, but we must
look back to Adams as the leader of the movement.

In 1884, Dr. Adams joined with Justin Winsor, Andrew
D. White, Charles Kendall Adams, Clarence W. Bowen,
and others, in the organization of the American Historical
Association. The record of his official connection is to
be found in the long series of its publications. It is to be
found also in the memories of a great number of his fellow
members, but those who did not stand close to Adams in
his life-time can scarcely realize the amount of time and
attention which he devoted to the secretaryship, not only
in preparation for its annual meetings, in the arrangement
of programmes and addresses, but in the constant daily
scrutiny of its business and progress. Notwithstanding

A Biographical Sketch 19

the fact that he was furnished with most efficient clerical
assistance, there were always innumerable questions to be
referred to him for decision, and it was close attention to
this infinitude of detail which carried forward the work
with smoothness and precision. But in all his work for
the Historical Association, Adams was proudest of the
part he took in obtaining for it a national charter in 1889.
He regarded the connection with the Smithsonian Institu-
tion as a most important extension of usefulness and a
union to be fostered and utilized with every care.

Adams' contributions to historical literature were chiefly
monographic. In 1893, however, he brought out in two
large octavo volumes the Life and Writings of Jared
Sparks. He had been persuaded by the late Andrew P.
Peabody and by the widow of Jared Sparks to undertake
the examination of his voluminous papers. It was a labor-
ious task. As editor of Washington's writings, the Dip-
lomatic Correspondence, a long series of American Biog-
raphies, the North American Review, and the writings of
Benjamin Franklin, Sparks left an embarrassment of riches
for a review of his own life-work. I well recollect the
vast collection of pamphlet cases and documentary files
which filled for many years some of the closets in Adams'
university office. It seemed an interminable labor even to
prepare the material for use, for Sparks was a man who
never threw away a letter, even if it were simply an invita-
tion to a dinner. All this had to be sifted in the prepara-
tion of the volumes which were to show the characteristic
activity of the man. Dr. George E. Ellis says of these
books: "The just as well as the highest encomium upon
the work of this biographer is spoken when we say in full
sincerity that we can conceive that he would have from
Mr. Sparks himself the warmest expression of approval
and gratitude for the ability, fidelity, good taste and wise
judgment with which he has wrought his exacting labor."1

1 Proceedings of the Massachusetts Historical Society, 1894.

20 Herbert B. Adams

In 1887, Dr. Adams began to edit for the U. S. Bureau
of Education a series of Contributions to American Edu-
cational History. These begin with a monograph on the
College of William and Mary. In this he took occasion
to put forward some of his own theories of higher educa-
tion, with suggestions for its national promotion. He
advocated the founding in Washington of a civil academy
which should be, in matters of political science and civil
service training, what West Point and Annapolis are in
military and naval education. This idea was derived from
old William and Mary College, the first school of history,
politics and economics in this country. This is reinforced
by Washington's plan of a National University midway
between the North and the South, which seems in these
days to be approaching a certain realization.

Dr. Adams further contributed to his educational series
" Thomas Jefferson and the University of Virginia," and
another elaborate report on the " Study of History in
American Colleges and Universities." With the approval
of successive commissioners of education, he arranged for
a series of histories of higher education in the various
States of the Union. These have been prepared by authors
and sub-editors selected by himself, and of the thirty-two
monographs all but three were completed at the time of
his death. Adams also prepared for the same Bureau
special monographs on popular education, particularly
through summer schools in America and in Europe. Uni-
versity Extension in Great Britain and University Exten-
sion in America were also given a thorough treatment.
His own interest in these forms of education had led him
to lecture for several years before the Chautauqua Lake
Assembly. His latest report on this subject was a mono-
graph prepared for the Paris Exposition on " Popular
Education in the United States." It may be said that in
the educational domain, this field interested him in later
years more than any other. On his desk he pinned a card
containing the words of Jules Siegfried, Senator of France,

A Biographical Sketch 21

" the education of the people is the first duty of democ-
racy."

Adams remained steadily in Baltimore for twenty-five
years. He had every inducement to go to other institu-
tions of learning, but for personal reasons preferred to
remain where he began. At the time of the Chicago
Exposition in 1893, he was offered the directorship of the
Department of Liberal Arts, and at the same time he had
offered him the professorship of history and the deanship
of the graduate department of Chicago University. But
with all due respect -to the promising future there spread
before him, he preferred to stay by the department of his
first choice. It was while still in the harness which he had
assumed in 1876 that he was first stricken down in 1899.
He continued two years longer in the vain hope of restor-
ation to activity, and died at Amherst, Mass., July 30, 1901.

To those who worked under Adams as students or
assistants, the predominating note in his teaching was
inspiration. This was not due to a profundity of thought
in his lectures, which might create wonder and admiration
for himself in a body of disciples. His lectures were, in-
deed, sound and interesting, but he was also continually
pointing to more work to be done, more fields to be culti-
vated and more reputations to be made. At every oppor-
tunity he brought before his classes particularly the work
of men who had gone out from the seminary. Reports of
their successes or failures, their promotions or their pub-
lications, came before the young men almost daily until
they became acquainted by name with the whole family of
fellow investigators. Such things as these men did were
within reach of the young aspirant, and the effect was to
spur every man to do something worthy of that company
and that university. The results were unequal, but the
inspiration was universal and lasting.

This friendly counsel continued after men had gone out
to fill positions in the professional world. He spared no
pains in answering requests for advice, whether it related

22 Herbert B. Adams

to academic methods or private affairs. His numerous
literary and editorial connections placed him in position
to point out work to a large number of men, consequently
his friendship became an ever-widening circle. The fact
that he never married may have allowed him to take an
undivided interest in his " boys," as he was wont to call
the men who had gone out from his department.

In business affairs he was a man of thrift, but this per-
mitted him to be useful to others. Many a student was
the recipient of temporary economic aid, loaned unosten-
tatiously and with a confidence rarely misplaced. He
bought books freely for himself and for the seminary, and
before his death presented his large private library to the
University. Outside of a few family bequests he devoted
his whole estate to public purposes. To the town of
Amherst he gave his own home, as a memorial to his
parents, and to Amherst College $2000 as a fund for the
purchase of books. To the American Historical Associa-
tion he left $5000 unconditionally. To the University
which he served for twenty-five years he gave the balance
of his estate to form the Herbert B. Adams Fund, the
income of which must be devoted to the promotion of
history, politics, and education.

Adams took a great interest in religion, especially as
viewed from the historical standpoint. For many years
he lectured upon the development of religious belief, trac-
ing it through the Orient and the Hebrews into Chris-
tianity. This resulted in a wide catholicity of sentiment on
his own part and a broad interpretation of the Christian
doctrines. He was not a man who took a prominent part
in the devotional side of religion, but was a constant mem-
ber and attendant upon church services, and gave thought
to his own belief. In a paper of some years ago I found a
creed written in his own hand in which his beliefs and
hopes are placed in an all-wise Providence, and in what
may be called the broad essentials of Christian theology.
At the time of his death he was a communicant in the
Associate Congregational Church of Baltimore.

A Biographical Sketch 23

In practical work, his sympathies were bound by no
single church, for he was constantly aiding the educational
movements of all denominations. Ministers, priests, rab-
bis, committees from Christian associations and all sorts of
workers were continually consulting with him in regard to
social work. To these forms of religious activity he de-
voted many hours of his life.

This was a busy man who wore himself out at the age
of fifty-one. One-half of his allotted time was devoted to
preparation and one-half to the fulfilment of his life-work.
We looked for a longer sojourn among us that he might
continue activity through the prime of life and reap the hon-
ors and rewards of old age. But since it was otherwise de-
creed, I present on your behalf a feeble tribute to his
memory.

A SKETCH OF THE LIFE AND SERVICES OF
HERBERT BAXTER ADAMS

A SKETCH OF THE LIFE AND SERVICES OF
HERBERT BAXTER ADAMS1

BY RICHARD T. ELY

It is far more difficult to give a clear and definite idea
of the life-work of a man occupied in that general field of
knowledge, called the humanities, than it is to present a
succinct and precise account of the services of the one
whose chosen field falls within the natural or exact
sciences.

When we take up the careers of men like Darwin or
Rowland, it is possible to give names and dates to great
and very definite achievements which have brought fame
to them and have pushed forward the boundaries of human
knowledge. It is not easy to do this in the case of even
the greatest names in the fields of history, philosophy,
ethics, economics and politics. It is not a simple matter
to tell the story of what the world owes to two of the
greatest lights in its history, namely, Plato and Aristotle.
Yet it is true that the general character of the civilization
which surrounds us and the kind of culture which we en-
joy are very largely the product of men whose work can-
not be described in an enumeration of events with fixed
dates. That which makes life worth living in our world
cannot be presented in tabular form and the work of the
men of exact science could not be done, and if it could be
done, would not be worth while, had not the humanitarians
preceded them and did they not in later times work with
them. The work of the humar^nrians — if we may be per-
mitted to use that term in this connection — is pervasive,

1 An address presented before the Johns Hopkins University.
February 5, 1902.

28 Herbeet B. Adams

general and its best features are not tangible in any literal
sense.

Another difficulty is the absence of satisfactory criteria.
It is, I presume, easy to detect the quack or impostor in
physics and chemistry, and even in the general field of
biology valuable work is apt to be recognized and duly
appreciated in a few years, although it may be quite radi-
cal in its character. It is not always so easy to distinguish
between a pretender and a great light in the humanities,
and in economics and philosophy it may require a genera-
tion for the correct evaluation of the best work.

The character of the work which Dr. Adams accom-
plished, however, is of such a nature that a fair approxima-
tion to accuracy of judgment concerning it can be formed
even now and those persons, competent to form a judg-
ment, who are familiar with his life and services, will
doubtless not have occasion hereafter to change materially
their present opinions concerning him. But the difficulty
of presentation is nevertheless a considerable one inas-
much as the work is so general and reaches out in so many
directions. What is most valuable is in his case least
tangible.

We have to consider in a sketch of Dr. Adams his work
as a teacher, author, organizer, editor, and we desire to
know the man behind the large and varied activity in these
different directions. My aim will be to let him tell his
own story, so far as may be, and also to let others in close
connection with him express their views concerning him.
I shall add something from my own very close personal
association with him during the years from 1881 to 1892.

I am inclined to think that in no other writings did Dr.
Adams reveal himself to the same extent that he did in
three " privately printed " pamphlets. One giving a sketch
of the career of his master, Bluntschli, is entitled simply
" Bluntschli's Life Work." This was printed in 1884.
The second printed in the same year is entitled " Bluntschli,
Lieber and Laboulaye," and presents briefly the services

Life and Services 29

of these three men, distinguished for their work in public
law. Dr. Adams was fond of quoting these words about
them, written by Bluntschli: " Lieber in New York, La-
boulaye in Paris and I in Heidelberg formed what Lieber
used to call a scientific clover-leaf." The third pamphlet,
the most personal of all, describes the life-work of his elder
and dearly-loved brother, Charles Dickinson Adams, who
was guide, philosopher and friend to him, taking in a
measure the place of a father, as his father died when Her-
bert was only six years of age.

We feel that we must know something about a man's
family as a foundation for our opinion concerning him.
Our Dr. Adams belonged to what is called " The Thomas
Adams " family of Amherst, and his mother to the Thomas
Hastings family of the same place. In the sketch of his
brother, just mentioned, Dr. Adams uses words in describ-
ing his family, which I shall quote, simply substituting
Herbert Baxter for Charles Dickinson.

" Herbert Baxter Adams sprang from good New Eng-
land stock, well known in various parts of the country for
its native vigor and persistent energy. On his father's
side he was descended from Henry Adams of Braintree
(now Quincy); who came to this country with eight sons
and one daughter in 1634. Of these only one son, Joseph
Adams, remained in Braintree. He was the ancestor of
John Adams, John Quincy, Charles Francis, and the en-
tire Quincy line. The other seven brothers settled in
various towns in eastern Massachusetts and from one of
them, Edward Adams of Medfield, sprang the western
Massachusetts branch of the numerous Adams tribe. The
first settler in these parts was Thomas Adams, who lived
in North Amherst, near Leverett. He was taxed in Am-
herst in 1740 for owning a mill and a negro. His three
daughters were members of the First Church of Amherst.
The eldest of his five sons, Asa, first took up a farm in
1759 on the edge of Shutesbury. The family retained
church connections with Amherst and went with the

30 Herbert B. Adams

second parish upon its secession from the first. The afore-
said Asa Adams, his eldest son, Asa, and the latter's sec-
ond son, Nathaniel Dickinson, were the immediate ances-
tors of Herbert Baxter Adams.

" On his mother's side Herbert Baxter Adams was de-
scended from Deacon Thomas Hastings, of Watertown,
Massachusetts, who like Henry Adams came to this
country in 1634. Deacon Hastings was a Puritan offshoot
of an old English family and was the ancestor of many
branches of the Hastings tribe in this country. His son,
Dr. Thomas Hastings, settled in Hatfield, and was the
first physician for that town, for Northampton, Hadley,
Deerfield, and the whole country round. He was also
the first school teacher in Hatfield. He transmitted his
name and medical practice to Dr. Thomas Hastings, Jr.
From him descended three generations of men, each pa-
triarch bearing the name of Thomas Hastings. The third
was the father of Harriet Hastings, who married Nathaniel
Dickinson Adams, December 1, 1836." 1

Dr. Adams elsewhere in a sketch of his family describes
his father in the following language : " A man of genial
and quiet ways, but of great energy and untiring industry.
Indeed the disease of which he died was induced, as was
generally believed, by overwork. He was associated in
the lumber business for many years, with his brother,
under the firm name of S. & N. Adams. Ward Adams
superintended the mill and manufacturing department,
while Dickinson Adams attended to the outdoor work and
to the finances of the concern. In his business relations
he was prudent and farseeing, and in all his dealings
scrupulously honest and exact. He was highly respected
by all who knew him, and deeply interested in public
affairs. In 1851 he held the office of selectman in his

native town He joined, in his youth, the Second

Congregational Church of Amherst, in which he was a
constant and devout worshipper, as was his father.

1 Charles Dickinson Adams, pp. 4-6.

Life and Services 31

" His chief ambition in life was to provide a liberal edu-
cation for his children. He used to encourage them in
their studies by offering rewards, but things won or done
were never afterwards praised or spoken of by him. He
only incited them, by new rewards, to new endeavors. He
was fond of calling upon his boys to recount in the even-
ing what they had learned or done during the day at
school, and of making them declaim in the presence of the
family, and of friends who chanced to be present. Though
a kind husband and indulgent father, he was withal strict,
and at times severe. His children always stood some-
what in awe of him. If punished at school, they were
sure of being punished at home. His wife never called
him Dick [as did one or two of his early friends], but Dick-
inson, and he always called her Harriet. There was much
of the Puritan in his character and composition. He stood
up at family prayers, and religiously kept Saturday night.
He was reserved with strangers, but given to hospitality
and fond of social intercourse. He was plain, sometimes
blunt of speech, and intolerant of deceit and everything
narrow and low. In a word, he was an honest, upright,
God-fearing man. He died at the age of 44, in the prime
of his manhood and usefulness." 1

We all can form easily a picture of the Thomas Adams
family and of the early environment of young Herbert.
The family belonged to what we may call the honest, in-
dustrious, God-fearing yeomanry, owning the land they
cultivated, paying taxes to the State, interested in public
affairs, withal independent in circumstances and character,
respected in their communities but occupying no conspicu-
ous position in State or Nation; forming, however, the soil,
if we may so speak, out of which grow illustrious careers.
The generation to which our Dr. Adams belonged carried
to a higher point than ever before reached the family for-
tunes and fame and in this generation, honorable as have

1 History of the Thomas Adams and Thomas Hastings Families,
of Amherst, Massachusetts, pp. 51-53.

32 Herbert B. Adams

been the careers of his two brothers, one a successful
lawyer in New York City and the other Lieutenant-Colonel
of United States Engineers, no one else up to the present
has done so much to contribute lustre to the Thomas
Adams family as has Herbert Baxter Adams.

The elder brother, Charles Dickinson Adams (1839-
1889) who was graduated at Amherst College at the head
of the class of 1863, was the New York lawyer and the
special counselor of our Dr. Adams. The younger one of
his brothers, Henry Martyn (b. 1844) was graduated
at the head of his class at West Point in 1866.

Herbert Baxter, the youngest of the family, was born in
Shutesbury April 16, 1850, educated in the public schools
at Amherst and at Phillips Exeter Academy and was
graduated at the head of his class at Amherst College in
1872. After serving as instructor in Williston Seminary,
Easthampton, Massachusetts, for one year> he went abroad
and studied history and political science at Lausanne,
Heidelberg and Berlin for three years. At Heidelberg he
received the degree of Ph. D., summa cum laude, in 1876.
His principal subject was political science, his subordinates
history and economics, and his professors were Bluntschli,
the professor of public law, Erdmannsdorffer, the historian,
and Knies, the economist. When I was a student at
Heidelberg a little later, I heard the name of Dr. Adams
mentioned as one of the recent American students who
had distinguished themselves. Bluntschli, the political
scientist, not Erdmannsdorffer, the historian, was his
master and he was always regarded by Bluntschli as a
favorite pupil. I think that this circumstance throws a
good deal of light on the career of Dr. Adams.

In the year 1876, when Dr. Adams completed his course
of study at Heidelberg, the Johns Hopkins University be-
gan its illustrious history and he became a successful can-
didate for a fellowship, receiving the only one granted in
history. After holding the fellowship for two years he
was made associate in history, subsequently associate

Life and Services 33

professor and, finally in 1891, "Professor of American and
Institutional History," holding this chair until his failing
health compelled him to resign it in 1901, when he became
professor emeritus.

During the years 1878-81 he was Lecturer on History
at Smith College, Northampton, Massachusetts, and from
1888 to 1891 he held a similar position in "the College of
Liberal Arts " of the Chautauqua system of education, but
he retained at least an informal connection with the Chau-
tauqua work after 1891 and his interest in that work was
ever keen and appreciative.

In 1884, Dr. Adams was active in organizing the Ameri-
can Historical Association. Among his associates in this
enterprise, Hon. Andrew D. White, President Charles K.
Adams, and the late Professor Justin Winsor are promi-
nently mentioned; but I think that no one else labored so
assiduously as he in bringing together the men who found-
ed this association, and it was quite natural that he should
be chosen its first secretary; also, with his qualities, equally
natural that he should hold the position until the sad con-
dition of his health forced him to resign it in December,
1900; when he was made first vice-president and put in
line for the presidency.

Dr. Adams's editorial activity was especially prominent
among his various lines of work. Early in his university
career, he founded the " Johns Hopkins University Studies
in Historical and Political Science," and had at the time of
his death edited some forty volumes in this series. He was
also editor, since 1887, of the series of monographs en-
titled " Contributions to American Educational History,"
published by the United States Bureau of Education. His
own monographs were chiefly of an educational character
and among them may be mentioned " The Study of His-
tory in American Colleges and Universities," " The Col-
lege of William and Mary," " Thomas Jefferson and the
University of Virginia." Another one of his monographs
bears the title " Maryland's Influence in Founding a Na-

34 Heebeet B. Adams

tional Commonwealth"; and this monograph illustrates
his keen interest and appreciation of his own environment
in its historical, political, and social significance. But his
largest work, and the only one issued in book form, was
his " Life and Writings of Jared Sparks," published in 1893.
Dr. Adam's health began to fail noticeably about two
years ago. The last time that I saw him was in December,
1899, when he was about to start on a voyage to Jamaica
in search of health. He showed then comparatively few
evidences of his physical breakdown, and I hoped, as did
his other friends, that rest and change for a few months
would restore him to health and old-time vigor. At the
beginning of the academic year — 1900-01 — he resumed his
duties at the Johns Hopkins, but it soon became apparent
that he could not carry forward his work, and he became
convinced that he must resign his position. The trustees,
in accepting the resignation, passed a resolution express-
ing their appreciation of his eminent services, and as
already stated he was made professor emeritus. In some
remarks I made before the Northwestern Association of
the Johns Hopkins Alumni on February 22, 1900, I
ventured to express the hope that Dr. Adams would be
spared for many years, and although less active than here-
tofore, might still render important services to education
and history. In the last letter which I received from him
he expressed the hope that he would be able to be of ser-
vice to the department of history and political science in
the Johns Hopkins University, watching its further de-
velopment and assisting it with friendly counsel. But this
was not to be. His malady was incurable, and he suc-
cumbed to it on July 30, 1901. Since his death, his will
has revealed his devotion to the university with which his
memory will ever be associated; for after making small
bequests to Amherst College and the town of Amherst,
and one of $5000 to the American Historical Association,
the rest of his estate is left to the Johns Hopkins Univer-
sity as an " H. B. Adams " fund. Dr. Adams was never

Life and Services 35

married, and his will shows where his affections were
placed.

A few years younger than Dr. Adams, I did not begin
my work at the Johns Hopkins until the fall of 1881, when
he was already Associate. I found him cordial, hopeful,
and helpful. I soon discovered that capacity for leader-
ship, for rallying men about him, to which I have already
alluded as one of his prominent traits. I think that he
was never so happy as when he was taking the initiative,
either alone or associated with others, in the development
of some new enterprise or the foundation of some new
institution, whether this was a university club, a country
school for boys, the Johns Hopkins studies, or any other
one of various undertakings with which he was associated,
and his gifts for leadership were recognized in other ways
than those already mentioned. It was natural that he
should early have been elected a trustee of Amherst Col-
lege, that he should have been a trustee of the " Boys'
Country School " of Baltimore, and an early secretary of
the University Club of this city, as it also was that other
important universities should have endeavored to draw
him away from the Johns Hopkins by offers of important
administrative positions. Some of these we discussed at
great length; but although the temptation was once in
particular very strong, in the end his allegiance and loyalty
to the Johns Hopkins always triumphed.

As I recall his career, I feel that Dr. Adams must be
given credit for inventiveness in large plans and boldness
in the execution of them. He always had some plan for
the further enlargement and improvement of his work at
the Johns Hopkins, and he was ever cheerful and hopeful
about the outcome of our development. I cannot recall
a time in my eleven years of association with him when
he was really despondent about the future.

How well do I recall the humble beginnings of the
Johns Hopkins University Studies in Historical and Po-
litical Science — the mother of similar series in every part

36 Herbert B. Adams

of the United States. One day he came to me, showing
two reprints of brief monographs, already used elsewhere
in the proceedings of a local New England society, and
outlining a plan for the " Studies." These reprints had
been secured at trifling expense, and he had received
promise of a small guarantee fund. These reprints did
not present a very imposing appearance, and I fear that
I did not respond to his suggestions with sufficient cheer-
fulness. But Dr. Adams was full of hope, and saw the
future in what was insignificant. It has been said that
these Studies do not contribute to " the gayety of na-
tions." That must be admitted. But their service has
been great. Everywhere in our broad land we find univer-
sity men working at problems of historical and political
scholarship, and also — a second thing — working to pro-
mote good citizenship; and for this condition of affairs a
great deal is due to the Johns Hopkins University Studies
in Historical and Political Science.

I have already spoken of his work in connection with
the American Historical Association, the beginnings of
which, so far as they took place in his office, I followed
with interest. But I must not forget to mention how
helpful he proved to me when, with the cooperation of
other economists, I was active in organizing the American
Economic Association. We had the benefit of his cheer-
ful counsel in the early days of our movement, and in Sep-
tember, 1885, at Saratoga, when our association was finally
established, he was most helpful.

I often talked with Dr. Adams about his editorial work
for the Bureau of Education, which began two years after
the event just mentioned. His discussion of his plans
and ideas showed that he always had at heart the advance-
ment of education, and always the promotion of human
welfare through education. Dr. Adams was always inter-
ested in efforts for the enlightenment of the masses and
the amelioration of their condition; and I think that he
must have been highly gratified when he received from

Life and Seevices 37

Chancellor George William Curtis the Regents' prize of
the University of the State of New York for the best
monograph on university extension.

It would take a long time to describe in full detail the
varied activity of Dr. Adams in behalf of popular educa-
tion as an agency for the advancement of working people
and of the masses in general — in short, of society at large
in so far as any need could be discovered or any want
could be stimulated into existence. Even one who has
followed this activity with interest is surprised by its ex-
tent when the various documents bearing on it are gath-
ered together. Certainly this work occupied a prominent
place in his thoughts as early as 1888 when he organized
a course of twelve lectures on " The Progress of Labor,"
delivered in Woodberry and elsewhere. The lectures were
given by twelve different men connected with the his-
torical department of the Johns Hopkins University and
the first was given by Dr. Adams himself. It is entitled
" The Educational Movement among Working Men in
England and America," and deals with the work of Thomas
Arnold, Frederic Denison Maurice, Charles Kingsley, and
especially Arnold Toynbee, as well as various experiments
in the United States. Arnold Toynbee was a favorite with
Dr. Adams and he took a special interest in the prepara-
tion of the monograph on that economic reformer by
Mr. F. C. Montague and its publication in the " Seventh
Series " of the Johns Hopkins University Studies in His-
torical and Political Science. Some account of this line
of activity is given by Dr. Adams in his monograph " Pub-
lic Educational Work in Baltimore," published in the sev-
enteenth series of the Studies and bearing the motto,
taken from Jules Siegfried, " Education of the people is
the first duty of democracy." Dr. Adams believed in this
thoroughly and was especially fond of the quotation which
he took as the motto of the monograph in question. He
also expressed in the following words a conviction which
finally gained firm hold of him, even if he did not enter-

38 Hekbeet B. Adams

tain it at the outset of this kind of work: " It is the con-
viction of the writer that it is a mistaken zeal for university
men to attempt to lecture to workingmen as such, or in-
deed to any class of people. University extension should
be for citizens, without regard to their occupation." *

But Dr. Adams's interest in the wage-earners went be-
yond education — although that busied him chiefly — and
he was always glad to describe sympathetically any efforts
looking to their improvement. An illustration of this
larger interest is afforded by his article in the Christian
Union (now the Outlook) of June 6 and 13, 1889, on " Work
among Workingwomen in Baltimore." These articles
were republished with " Comparative Statistics " furnished
by Hon. Carroll D. Wright as " Notes Supplementary to
the Johns Hopkins University Studies in Historical and
Political Science," No. 6.

Dr. Adams was not only a firm adherent of popular edu-
cation but of public education. He would have popular
education supported by town, city and State and the higher
education by State and Nation. Jefferson, the founder of
the University of Virginia, was thus one of his educa-
tional heroes and he would have gladly seen Washington's
thought of a central educational institution of higher learn-
ing carried out by the national government. At heart he
sympathized with the project of a National University at
Washington, but feeling that now the time is either too
late or too early for a realization of that project, he advo-
cated strongly and certainly for a time hopefully a well-
devised scheme for a national civil academy at Washing-
ton, designed to perform for the civil service a work analo-
gous to that which West Point and Annapolis do for the
Army and Navy respectively. In the monographs of the
Bureau of Education which he edited he took particular
pains to see that the work of the State Universities should
be adequately presented and he consciously aimed to use
whatever influence he had to build up the .State Universi-

1 " Public Educational Work in Baltimore," p. 12.

Life and Services 39

ties of the country. He believed in them and under-
stood them as few men do who have lived only in the
East. Those interested in this field of Dr. Adams's work
will find it profitable to peruse the monographs which he
wrote for the Bureau of Education on the College of Wil-
liam and Mary (1887) and Jefferson and the University of
Virginia (1888).

Dr. Adams's studies took a wide range. Perhaps his
historical work cannot be fully appreciated unless it is re-
membered that Bluntschli was his master and his principal
subject at Heidelberg was political science. At Amherst,
as he says, his historical training had been meager but he
had heard President Seelye deliver what he styled a " re-
markable lecture " on the " Philosophy of History " in
which the lecturer spoke of history as " the grandest study
in the world." That decided the fate of Dr. Adams, as he
himself said, and he determined to devote himself to that
grandest study.

But the strongest influence exercised on his growing
mind was that of Bluntschli to whom history was merely a
handmaid to politics. It was natural, therefore, that Dr.
Adams should have an especially warm love for the po-
litical side of history and readily receive with approbation
the utterance of Freeman, " History is Past Politics, and
Politics are Present History," and adopt it as the motto
of the " Studies " which he edited. Dr. Adams de-
lighted in tracing in broad outlines the evolution of in-
stitutions and in showing the effect of their develop-
ment on human well-being. He liked to find the original
small germ of a political institution or something to mark
the beginning of a large historical growth. He was
pleased with the broad sweep of Bluntschli's life-work,
" The Swiss Canton and the Welt-Staat," " these," said
he, " are the beginning and the end of Bluntschli's scientific
work, after he had emancipated himself from the dominion
of Roman law by participation in the politics and legisla-

40 Heebeet B. Adams

tion of his time." 1 I find significance also in the quota-
tion from a letter to him from Bluntschli which Dr. Adams
used as the motto of his brochure " Bluntschli's Life
Work:" "The study of communal life in America, to
which you are now devoting yourself, will certainly prove
very fruitful. The community is a preparatory school for
the State. The structure of republics has its foundation in
the independence of communities."

I well remember Dr. Adams's delight in the " Begin-
nings " of the Historical Museum of this University,
namely, a brick from the Joppa Court House, the first seat
of law in Baltimore County, and a stone axe, also from
Joppa. But he was interested in small details only in re-
lation to large events and he, like Bluntschli, I am sure,
had an ideal world-state as the goal of history.

Dr. Adams describes the introduction of American insti-
tutional history in the Johns Hopkins University in these
words: " In the autumn of 1880, had already begun a new
departure in historical instruction at the Johns Hopkins
University in the introduction of American institutional
history as a distinct branch of historical study. The idea
was the outgrowth of a special interest in municipal his-
tory, first quickened in a seminary at Heidelberg, thence
transplanted to Baltimore, where it was fostered by the
reading of the writings of Sir Henry Maine, in connection
with those of Carl Hegel, Mauer, Nasse, Waitz, Stubbs,
and of the Harvard School of Anglo-Saxon law. The
continuity of the Germanic village community in New
England had originally been suggested to Sir Henry Maine
by an article in the Nation, communicated by Professor W.
F. Allen, of the University of Wisconsin." 2

Perhaps nowhere did Dr. Adams give a better expres-
sion to what was most central in his historical work than

1 " Bluntschli, Lieber and Laboulaye," p. 9.

2" Study of History in American Colleges," by Herbert B. Adams,
p. 173, No. 1, of "Contributions to American Educational His-
tory," Bureau of Education.

Life and Services 41

in the following words: " It is not enough to consider the
founders of human institutions as standing apart and alone.
Men should be viewed historically in their relation to so-
ciety. Institutions are rarely the product of one man's
original ideas. Suggestions have usually been taken from
other men and other institutions. There is a subtle gen-
ealogy in human creations which is as complex as the
relations of man to society and to past generations. Just
as every individual human life is a long train of lives, carry-
ing the hereditary forces of family and race — a ghostly
train of progenitors, with their good or evil tendencies —
so every human institution is the historical resultant of
many individual forces, which the will-power of one man
or one set of men has brought into effective combination
at some opportune time." *

Nothing which had a human and public interest failed
to attract Dr. Adams. Consequently we find an appre-
ciation of the influence of the church as a great institution
which led him to lecture on Church and State. Religion
was a personal matter with him, and he was a church mem-
ber, but it was also a great social institution which, as he
truly held, no historian could neglect, if he would under-
stand the forces which have made society what it is. He
especially delighted in the social side of religion, i. e., re-
ligion revealing itself in shaping human destinies; the
masculine forceful side of religion, and I well remember
how enthusiastically he received the message of Fre-
mantle's " The World as the Subject of Redemption." He
felt that that was something really worth while.

In recalling what I remember about Dr. Adams, one
thing that is especially prominent in my mind is his talent
for discovering the capacities of young men. We were
continually talking about "our boys"; and what has im-
pressed me strongly in this connection has been his in-
sight, his genius, in discovering talent where others did

1 " Thomas Jefferson and the University of Virginia/' Contribu-
tions to American Educational History, No. 2. Washington, 1888.
4

42 Herbert B. Adams

not see it, and the encouragement which he gave to con-
cealed, covered-up, latent talent. I remember that years
ago a gentleman who now is regarded by many as a leader
in his own line told me that Dr. Adams was the first one
to encourage him to believe that he could make something
of himself. And is it not a great thing, a very great thing,
in a teacher to see capacity, to nurse it gently in early and
feeble days and help it/bring forth fruit in maturity? Some
teachers in their critical severity seem to have a repressing
influence; but Dr. Adams was always positive and con-
structive in his work and consciously so. I believe that
no one who ever studied under him will say that he ever
felt repressed by him, but, on the contrary, every one will
say that he felt encouraged in making the most of his
talents.

We have now treated briefly the main features of a large
life-work, a life-work which has entered through the Johns
Hopkins University into the educational history of this
country and will be felt as a force in the United States for
many generations to come.

I must not close without giving you a few letters, writ-
ten for the present occasion, showing the opinions of oth-
ers, peculiarly qualified to speak, concerning the life and
work of Dr. Adams. The first two letters are from ladies
who belonged to Dr. Adams' classes in Smith College:
The first one of these two is from Mrs. Minton Warren
and reads as follows : " I fear I can be of little use to you,
my memory being too fragmentary as to anecdotes, col-
lege songs, etc. If I could only have gotten hold of a
certain note-book (alas! I failed to do so) I could have
done a good deal in the line of supplying racy little memo-
ries of those delightful spring terms at Smith College,
when the study of history received such an impulse from
the Hopkins. Dr. Adams inspired great enthusiasm
among the students there. Even I who am not a devotee
of Clio look back on my course in Egyptian history as
something uniquely pleasant and valuable. It was partly

Life and Services 43

due to Dr. Adams's personality and largely due to the
fact that his method was broader than any we had en-
countered in preparatory schools. His lectures were the
main thing, recitations counted for little, and he inspired
us to do no end of reading outside. It all seemed very
fascinating to us inexperienced Freshmen and he had the
' light touch ' even in dealing with massive and sombre
themes. He not only understood how to make popular
lectures but also how to communicate his enthusiasm to
his classes, as you know. The advent of Dr. Adams at
Smith College in spring was an event which deserved to
rank with all the other charming accompaniments of that
season in the Connecticut valley. His young colleagues
at the Hopkins — doubtless envious of these spring flit-
tings — rallied him annually on his devotion to his tailor
at this juncture and accused him of assuming unduly gor-
geous plumage for this migration to the town of blue
theology and blue stockings.

" Having been properly oblivious of such minor points
in the professorial equipment, I can throw no light on
this point, but I remember well that we dubbed him
unanimously ' the Baltimore Oriole ' and I always have
associated this name with a picturesque yellow sun um-
brella which he often unfurled and carried during the
heated term.

" We respected him intensely in advance as a representa-
tive of the august University of our day; and his manner
of dealing with us did not obliterate this proper mental
attitude but our respect for him and certain others was
worn ' with a difference.' It never involved an aching
spine. Rigidity of pose was the last thing he would have
assumed or imposed, and for this his fair disciples were
properly grateful. Many young men are self-conscious
and stiff in dealing with girls' classes: some are distress-
ingly shy, others distantly cold. One I remember so con-
sciously and conscientiously (and unnecessarily) Arctic
that he was the laughing stock of the college. Dr. Adams.

44 Hekbekt B. Adams

on the contrary, was natural, easy, spontaneous, spark-
ling. His light touch redeemed the heaviest themes and
he always remembered that we were young and — more
important still — that he was young too. And this genius
of youthfulness he carried in his heart to the end. With
him intellectual alertness did not lead to intellectual aloof-
ness; but great kindliness and bonhomie shone steadily in
his keen, quick eyes, of which the prevailing punctuation
mark was an irrepressible, irresistible twinkle.

" With all his sturdiness, he had a delicate fancy and
this combined with a rare intuitive insight into character
almost feminine contributed — with his boundless enthusi-
asm for work — to make him one of the successful teachers
of our age."

The second, signed G. B., is as follows: "When Pro-
fessor Adams came to Smith College, a young man, to
give lectures to girls, it seems to me he was just jolly and
just dignified enough. He believed in the girls, he did
not talk down to them, and then and in after, years he
always spoke well of their abilities. I am sure he never
turned a deaf ear to any one who later on applied to him
for direction or advice in advanced study.

" I do not remember a tedious hour in his class-room.
There was a forcefulness about his live, enthusiastic way
of putting things that makes me know my ancient and
modern history, to-day, after twenty years, more thor-
oughly than I know most of the things learned at Smith.
There was nothing petty in his way of teaching. To girls
fresh from schools where memorization and detail had
been a large part of the history lessons, it was like getting
up on mountain tops to hear him say, ' Take an approxi-
mate date, say 333 or 555 B. C, and fix a cluster of events
around that'; or, l it is about as valuable to know just
where to look a thing up as to try to remember the thing
itself.'

" The way he passed verdict upon one of my examina-
tion papers illustrates how nice and friendly and personal

Life and Services 45

and encouraging- he took pains to be. Each of us had to
hand in a series of paragraphs summarizing the Roman
emperors. Under my name signed in the corner, he
wrote Tacita; and I always felt that that word, hinting at
a feminine mind that got things off a la Tacitus, was re-
ward indeed.

" ' There were giants in those days ' in Smith College —
Professor Adams, M. Stuart Phelps, Heloise Hersey, John
B. Clark, and others, and it was due to them that the col-
lege struck a key-note of maturity and catholicity. We
girls have become better citizens for having been taught
by a man like Professor Adams rather than by a book-
worm."

The third letter is from Dr. Adams's former student,
Professor Frederick J. Turner, Director of the School of
History in the University of Wisconsin. " You ask me for
my impressions of Dr. Herbert B. Adams during the year
which I spent under him at Johns Hopkins. I have always
regarded that year as one of the most helpful years of my
experience. Dr. Adams gave to me, as to so many other
young students, an added enthusiasm for historical re-
search and a definite desire to relate history to the pres-
ent. He always took a personal and helpful interest in
the men of his seminary, and I owe very much to his en-
couragement. It would not be easy to define the exact
secret of Adams' strength. His greatest power did not
lie in keenness of scholarship nor in the critical character
of his investigations; but I have never seen a man who
could surpass him in inspiring men with enthusiasm for
serious historical work and in bringing out the best that
was in them. The work which he did in forming and sus-
taining the American Historical Association in its earlier
days was of the highest value to American scholarship;
the Johns Hopkins Studies in History and Politics which
he edited did very much to stimulate historical investiga-
tion in this country; and the band of men which he drew
around him were not the least helpful elements to those

46 Herbert B. Adams

who did their graduate work at the Johns Hopkins Uni-
versity.

" His death was a real loss to the historical forces of the
country; but he had already done the work of an inspiring
teacher, and had occupied an important place among the
men who laid the foundations of historical investigation in
our own day in the United States."

Professor Woodrow Wilson, of Princeton University,
gives the following impressions : " I wish very much that
I had time to give careful formulation to my estimate of
Dr. Adams's gifts and services. As it is, I can give only
a few hasty sentences to what I should like to dwell upon
at length; but I do so with a cordiality of feeling which
may, I hope, make up in part for the inadequate form.

" If I were to sum up my impression of Dr. Adams, I
should call him a great Captain of Industry, a captain in
the field of systematic and organized scholarship. I think
all his pupils would accord him mastery in the formula-
tion of historical inquiry, in the suggestive stimulation of
research, in the communication of methods and ideals.
His head was a veritable clearing house of ideas in the field
of historical study, and no one ever seriously studied under
him who did not get, in its most serviceable form, the mod-
ern ideals of work upon the sources; and not the ideals
merely, but also a very definite principle of concrete appli-
cation in daily study. The thesis work done under him
may fairly be said to have set the pace for university work
in history throughout the United States. That is the
whole thing in a nutshell; and it makes a reputation which
can never be justly obscured."

Next I will read a letter from his class-mate, Professor
J. B. Clark, of Columbia University: "I have been for
thirty years an admiring fellow student and friend of Pro-
fessor Herbert Adams. I entered the class of 1872 at
Amherst in the early part of its senior year. During the
first recitation that I attended, which was in philosophy,
having no previous knowledge of the men's comparative

Life axd Services 47

standing, I singled out Mr. Adams as probably the leader
of the class; and such he proved to be. The vigor of his
intellect was so apparent that a brilliant career was uni-
versally predicted for him, and this impression of him was
made on his fellow students and his teachers in Germany.

" It was my good fortune to have his company for some
time at Heidelberg and to meet him at Zurich and at
Dresden. Everywhere he made the same impression —
that of a manly personality and a gifted intellect. The
winning personal qualities which made his students his
devoted friends had then the same effect on his associates
and instructors. He was everywhere exceedingly popular.
Honors came to him in college in the way of a long list of
prizes and every one felt that they were justly awarded.
His doctorate in Germany was won summa cum laude.

" This year the class of 1872 will hold its thirty years'
reunion. He was President of the class and at all the
earlier reunions was the principal figure. We shall all
feel that our circle is sadly broken and that we have lost
a leader and a brother. We take pride in the large work
that he did, but, knowing him as we all have done, we feel
that still more achievements were before him when he was
suddenly taken from us. It will be a saddened company
that will gather to recall the days and the men of 1872.
No one can fill his place in that home circle."

Now I ask you to listen to this fine tribute from Mrs.
Mary C. Adams, the widow of his brother, Charles
Dickinson Adams: "Herbert's most striking family trait
was his devotion to his mother. It was something un-
usual and I never saw anything more lovely. He was
both son and daughter to her as long as she lived, and in
death it was his wish to lie as closely by her side as pos-
sible.

" Herbert was reserved in speaking of his feelings but
during those few days that he spent with us last summer,
there was a little book of selections belonging to my
mother in the room he occupied, and after he left I was

48 Herbert B. Adams

touched to see that in it he had marked so many passages
on patience and cheerfulness and courage. I also noticed
in his own home that the book he had always in hand was
a little volume of Edward Rowland Sill's poems and he
used laughingly to say ' I am going to be a poet myself
some day.'

" His break-down was a terrible shock and surprise to
him, and all its accompanying developments a most bitter
trial, but he accepted it all in a truly Christian spirit, and
the very graces he desired were his in a remarkable de-
gree.

" It is a comfort to his friends that he was able to ar-
range things for himself precisely as he wished. It was
almost amusing to see his jealousy of his independence,
and he did arrange things down to the last detail. His
mind was clear to the end, and the day he died he would
be dressed and taken into the dining-room. His death
came very suddenly and peacefully about half past six in
the afternoon."

I use words quoted from his " In Memoriam " of his
brother in describing his last resting place: "The burial
was at Amherst, upon the quiet hillside, east of the Dick-
inson grove, with the warm sunlight streaming down the
slope and across the valley to those beautiful hills, which
had been the strength and inspiration of Dr. Adams's early
years. A calm and restful spot it is, amid wide silence,
under the great dome of Heaven. Upon Nature's heights
there dawns

'A sense sublime
Of something far more deeply interfused,
Whose dwelling is the light of setting suns,
And the round ocean and the living air,
And the blue sky, and the deep heart of man.' "

May I read in conclusion a poem of Edward Rowland
Sill, his favorite author in his last days. He must have
often read it. It brings before us the pathos of a life cut

Life and Seevices 49

off when it should have been at its best, and also a noble
note of triumphant resignation:

" A FOOLISH WISH."

" Why need I seek some burden small to bear

Before I go?
Will not a host of nobler souls be here,

Heaven's will to do?
Of stronger hands, unfailing, unafraid?
O silly soul! what matters my small aid

Before I go?

" I tried to find, that I might show to them,

Before I go,
The path of purer lives: the light was dim, —

I do not know
If I had found some footprints of the way;
It is too late their wandering feet to stay,

Before I go.

" I would have sung the rest some song of cheer,

Before I go;
But still the chords rang false; some jar of fear;

Some jangling woe.
And at the end I cannot weave one chord
To float into their hearts my last warm word,

Before I go.

" I would be satisfied if I might tell,

Before I go,
That one warm word, how I have loved them well,

Could they but know!
And would have gained for them some gleam of good;
Have sought it long; still seek — if but I could!

Before I go.

" 'Tis a child's longing, on the beach at play:
' Before I go,'
He begs the beckoning mother, ' Let me stay

One shell to throw!'
'Tis coming night; the great sea climbs the shore, —
' Ah, let me toss one little pebble more,
Before I go! ' "

OTHER TRIBUTES

HERBERT B. ADAMS

BY DANIEL C. GILMAN *

During the last few years a great deal of attention has
been bestowed on American history. The enthusiasm
awakened by the Centennial Exhibition of 1876 was per-
haps the starting-point. At any rate, since that time our
countrymen have seemed aware that their own history is
well worth study in its local and its national aspects. The
four volumes of Mr. Rhodes present the latest, and in some
aspects, the best fruitage of recent investigation, though
the period which it treats of is limited by the Civil War,
its antecedents and its consequences — a period rich in
lessons, but so fresh in the memories of living men that
Mr. Rhodes's judicial mastery of the subject is a marvel.
The earlier history by Henry Adams, McMaster's admir-
able work, Woodrow Wilson's current articles, Alexander
Johnston's manual, and especially the writings of Roose-
velt, Charles Francis Adams, James Schouler, John C.
Ropes, John Fiske, Lodge, Eggleston, and several other
Historians, not to mention biographers, belong to this
period.

Among those who have given an impulse to such studies
Professor Herbert B. Adams is one of the most honorable
and useful. He entered upon his academic service in the
centennial year, when the educated young men of this
country were alive to the unprecedented advantages then
opened to them in the free life of a new university estab-
lished in Baltimore. He came to Johns Hopkins fresh
from the lecture-room at Heidelberg, of Bluntschli, by
whom he had been taught to appreciate the value of insti-

1 Written by the request of the editors of the Outlook, and
published October 12, 1901.

54 Herbeet B. Adams

tutions, the Church, the State, the family, the school, and
to the end of his life institutional history was his favorite
theme. He was at his best in the modern centuries and in
Teutonic experience, but he was constantly seeking after
the lessons of Chinese and Japanese civilization, and he
was disposed to trace the origin of American ways, doc-
trines, and proceedings to their origin in Rome and
Greece, and even in countries more ancient and remote.

He was so fortunate as to bring around him, from year
to year, some of the ablest and brightest of recent college
graduates. Jameson, now of Chicago, followed him from
Amherst, and quickly showed the unerring aptitude for
research, the wonderful memory, and the unswerving de-
votion to truth which have marked his subsequent career.
Woodrow Wilson continued under Adams the studies that
he had taken up elsewhere, and carried on those researches
which soon resulted in his volume on The State, and led
up to his distinction as a political philosopher who is also
a master of literary style. Albert Shaw, the editor of the
" Review of Reviews," was another brilliant scholar who
was intimate with Adams and was quickened by his sug-
gestive and inspiring mind. President Small, of Colby
University, left a professor's chair to spend a year in
Baltimore. Haskins and Turner, now honored leaders of
historical studies in the University of Wisconsin, came
under the same influence, and so did Vincent, who became
an acknowledged authority in the institutional history of
Switzerland; nor are these all who acknowledge the leader-
ship of Adams and their obligations to his suggestiveness,
his helpfulness, his knowledge, and his judgment.

I remember that Von Hoist, after his lectures in Balti-
more, said of Adams, " He ought to use more printer's
ink." I doubt whether the remark was repeated to him,
for certainly after the first years of his duties as a teacher
he required no outside admonition, no foreign encourage-
ment, to develop his power of publication. He began to
print a series of monographs, which were called " Studies "

Otheb Tributes 55

in historical and political science, some written by himself,
many by his pupils, more by his friends. Nearly forty
octavo volumes have been issued in this series, which after
a time was divided, the shorter papers appearing at fre-
quent intervals, usually monthly, the longer constituting
extra volumes, which came out occasionally. I think that
the idea of turning to public service the papers prepared
by university students came to our Adams from an older
Adams in an older university, for certainly the volume on
Anglo-Saxon law, edited by Henry Adams, of Harvard,
was the work of his advanced students, years previous to
the work of the Baltimore seminary. Whatever the origin
of this idea, its development is one of the noteworthy signs
of intellectual life in American universities. " Studies "
are now given to the press, far and near, in history, poli-
tics, economics, sociology, and in many departments of
literary and linguistic research.

Nor did Dr. Adams confine his editorial attention to this
field. He undertook to prepare for the United States
Bureau of Education a series of historical papers on the
progress of education in the several States of the Union.
These were excellent summaries of local experience, usu-
ally made by a son of the State described, and all of them
supervised by the editor.

Such were the works of our departed friend as teacher
and editor. But he is entitled to equal praise for the part
that he took in forming the American Historical Associa-
tion, and in conducting its affairs until the time when his
death drew nigh. He had the tact to discover and attract
the lovers of American history and to persuade them of
the advantages not only of co-operation, in the seclusion of
their libraries, but also of communication with one another
by word of mouth. The meetings have always included
young and old, men and women, professors and students,
Avriters and bibliographers — all and any who love to dwell
upon the records of the past. For these meetings Dr.
Adams devised the programmes, enlisted the speakers,

56 Hebbeet B. Adams

looked after the arrangements, kept the records, wrote the
reports, and published the proceedings. It seems to me
that he more than any other person is entitled to be known
as the founder of the Association.

Of these triple threads the strand of his life was made
up. He never married, and after the death of his mother,
to whom he was devoted, he knew nothing of the pleasures
of a home. He dwelt among his living and his departed
friends, his students and his colleagues, his papers and his
books. His ways were cheerful, his step was brisk, his
voice was clear and penetrating, his eyes were bright, his
humor was spontaneous and frolicsome. His Christian
faith was sincere and simple, free from bigotry and form-
ality, outwardly shown by his conformity to the ways in
which his fathers and forefathers walked. He was an out-
and-out New Englander, versatile, practical, helpful, the
worshiper of God and the lover of his fellow-man. There
will be in Baltimore other teachers of American and insti-
tutional history, perhaps more learned, perhaps more phil-
osophical, but there will be none more timely, none more
useful, none more beloved than Herbert B. Adams, fellow,
associate, associate professor, and professor in the Johns
Hopkins University from 1876 to 1901. Another writer
has said of him that " without being in any sense a great
man, he was one of the most useful and productive teachers
of history we have ever had; his methods were fresh and
invigorating; his influence on his men was stimulating, and
he really initiated a very distinct movement in contem-
porary historical study in this country."

At a meeting of the Massachusetts Historical Society,
held in October, 1901, Mr. James F. Rhodes spoke of the
death of Mr. Adams as follows:1

1 Proceedings of the Massachusetts Historical Society for
October, 1901.

Other Tributes 57

" On meeting Mr. Gilman this summer, and telling him
that the duty of saying a few words about Herbert B.
Adams had been assigned to me, I asked him whether he
could not be present at this meeting to speak of Mr. Ad-
ams as a teacher. Other engagements have prevented
this visit, but he has sent me his tribute, which I take
pleasure in reading,

" ' In many ways Herbert B. Adams was remarkable as
a teacher. The task that fell to his lot was the organiza-
tion, when he was a very young man, and the maintenance
during twenty-five years, of a seminary for advanced stu-
dents— college graduates for the most part — in historical
and political science. There was no precedent for him
to follow. As a student at Heidelberg he had become
acquainted with the methods of the German Seminar; he
knew what excellent papers upon Anglo-Saxon institutions
had been prepared at Harvard under the leadership of
Professor Henry Adams in the too brief period of his
professorship. Dr. Austin Scott, now President of Rut-
gers College, and then an adjunct of Mr. George Bancroft,
initiated at the Johns Hopkins University instruction in
American history, assembling in the stately chairs of the
Maryland Historical Society around the library table, a
company of bright and well-educated young men, to whom
this kind of instruction was an intellectual illumination.
When Dr. Adams succeeded Dr. Scott, he developed these
methods, and introduced many that were new. In the first
place, he collected a good library. Bluntschli's library
was bought by the German citizens of Baltimore and pre-
sented to the University. Other books were given and
purchased, and for this purpose Dr. Adams freely ex-
pended his own means. Next, he selected excellent aids
as Fellows, Assistants and Associates, one of the very best
being Professor J. F. Jameson. He employed every peda-
gogical agency — recitations, lectures, conferences, private
interviews, co-operative researches, publications — any
method which promised fruit. He did not overlook nor
5

58 Herbert B. Adams

underestimate the value of studies in ancient or mediaeval
history; indeed, he loved to make excursions into the
oriental domain, and true to his puritan ancestry, he was
particularly interested in the history of religion. But his
preference is indicated by the chair that was allotted to
him, the professorship of American and Institutional His-
tory. The voluminous series of papers which he edited
and inspired are almost all of them contributions to this
department of research. His example has been followed
by his pupils and by others, so that a vast amount of ma-
terial has been collected and sent forth for future his-
torians. John Fiske made generous acknowledgments of
this service; so did Freeman and Bryce. Another series
of papers that he edited was devoted to the history of
education in the several States of the Union.

■ ' Very few of the teachers that I have known (I am still
quoting Mr. Gilman) have been so suggestive and inspir-
ing as Professor Adams. It was not his learning that at-
tracted students; many professors have surpassed him in
erudition. It was not his eloquence as a lecturer nor his
style as a writer that charmed his pupils. He was indiffer-
ent to " good form " — or if not indifferent he regarded
form as quite secondary to material. I do not mean to
imply that he was a negligent writer or teacher. His
voice was clear and ringing; he always held the attention
of his hearers; his writings were clear and vigorous, abso-
lutely free from exaggeration and pretence. His distinc-
tion, however, rested upon other qualities. He had rare
insight into the intellectual qualities of those who came
near to him. He would warn them off of fields which he
knew they could not cultivate. He would open the doors
to treasures which his scholars could appreciate. Thus
he became the guide of some of the brightest of the
younger teachers of American history. A mere list of
those whom he influenced would be better than any eulogy
of mine.

' ' His unfailing cheerfulness and good nature made him

Other Tributes 59

an attractive companion and teacher. He was never
downcast, not even when the sad summons came to him
that his days were numbered — that he was only " as old as
his arteries," and that they were betraying the effects of
age. He loved good stories, striking illustrations, vivid
examples. He believed in the diffusion of knowledge as
much as in its advancement. He worked hard by day and
by night, seeking no personal gains, but laboring con-
stantly for others, and for " the good of the cause." He
died in the harness and he left his books, pamphlets,
papers, and most of the modest accumulations of his life-
time to the University which he had served so well, and
of which he was so distinguished an ornament.' "

Mr. Rhodes continued:

" I will add a word of my own concerning Adams' con-
nection with the American Historical Association, in which
capacity I knew him best. He had more to do with the
founding and conduct of that Association than any other
one man, and its present extent and usefulness is a monu-
ment in his memory. Chosen Secretary in 1884, the year
in which it was organized, he held the position until his ill
health compelled his resignation at the Detroit meeting
in 1900. In the early days of the Association, when the
meetings were held pretty constantly at Washington, the
necessities of the organization required Adams to put him-
self forward, and it used to be said that he ran the Asso-
ciation, but after events showed that this prominence came
from no desire to arrogate power. When with continued
existence the interest in the Association increased and the
meetings were held in various cities, and the chairman of
the program committee and the chairman of the com-
mittee of arrangement did the work which made the meet-
ings successes, Mr. Adams, with excess of modesty, re-
mained in the background, although his delight at the
prosperity of the Association was plainly evident. In the
meetings of the Council he was effective, and when once
a contest begun in amity threatened to become fierce he

60 Heebekt B. Adams

was a peacemaker of the best sort. Chosen First Vice-
President at the Detroit meeting he would in his turn have
succeeded to the presidency at the December assembling
of this year."

At the same meeting, Dr. James Schouler, in speaking
of the death of John Fiske, said:

" Eager to keep pace with the latest erudition, he
(Fiske) made good use of University monographs, and
those especially of the Johns Hopkins series, projected
and brought out under the immediate inspiration and direc-
tion of Professor Herbert B. Adams, that highly successful
educator, our late associate member, who died untimely in
the same month with Dr. Fiske, and whom I personally
mourn as one of the most loyal and lovable of friends."

In the twenty-sixth annual report of President Gilman to
the trustees of the Johns Hopkins University there was
published the following tribute to Professor Adams:

" As the year is closing, another sorrow has come upon
us, the death of our valued associate, Professor Herbert
B. Adams.

" His health broke down nearly two years ago, and
twice he sought recovery by visiting, in the winter, a more
congenial climate in the south — but he only found tem-
porary relief. Under the burden of failing powers he re-
signed his professorship in the middle of the winter, and
gave to the university his very valuable collection of books
and pamphlets, prints and papers, pertaining to American
History and Education. The resolutions which were
adopted at that time by the Trustees now read as an obit-
uary. Their appreciation of his prolonged and important
services is expressed in the following words, which were
publicly read in our assembly on the twenty-second of
February:

Other Tributes 61

" The services of Professor Herbert B. Adams, Ph. D., LL. D.,
who by reason of ill health now gives up the Professorship of
American and Institutional History, after a continuous residence
among us of twenty-five years, will always be remembered with
admiration, affection and gratitude.

" His ability as a teacher, an editor, and a promoter of education
has given him national distinction, and the books, pamphlets and
pictures which he has collected and given to the university will
continually inspire and instruct our students, and will be an endur-
ing memorial of the wide range of his scholarship and sympathies.

" Professor Adams was one of the most fertile, versa-
tile, suggestive, and inspiring of teachers. He joined our
society, at the beginning, as one of a selected company of
twenty Fellows, and his relations to the university were
unbroken so long as his health continued. He rose from
one position to another until he became the acknowledged
head of the department of Historical and Political Science,
the Professor of American and Institutional History.
Many of the brightest students who have been enrolled on
our catalogues chose to follow his courses, and they all
stand ready to acknowledge with gratitude the guidance
and encouragement received from this enthusiastic teacher.

" His services were not restricted to the class-room.
As the editor of the historical studies of the Johns Hop-
kins University, he brought out a very large number of
useful contributions to American History. Most of his
own writings are contained in this series, the most re-
markable being his inquiry into the origin of the public
land policy of the United States. As the editor of a series
of monographs published by the United States Bureau of
Education, he elicited an important series of memoirs upon
the progress of education in various States of the union.
His Life of Jared Sparks, the historian, for whom he had
a high appreciation, should also be mentioned. To the
entire country he rendered a much greater service by in-
itiating the American Historical Association, and by act-
ing as its Secretary until declining powers compelled him
to ask release. He was often called upon to lecture

02 Heebeet B. Adams

before other colleges and to deliver addresses on public
occasions. To the principles of university extension he
was strongly devoted, and he was one of the earliest to
initiate in this country methods of reaching, with definitely
organized courses of instruction, classes made up of those
who are otherwise unconnected with the higher institu-
tions of learning. The university has had no officer more
loyal to its reputation, or more ready to serve it than
Professor Adams. He was a faithful friend, an inspiring
teacher, a good man."

PROFESSOR HERBERT BAXTER ADAMS1

BY B. J. RAM AGE.

In the death, last summer, of Professor Adams, at the
early age of fifty-one, the cause of higher education sus-
tained the loss of a good man, and historical investigation
one of its most inspiring and suggestive guides. Endowed
with broad sympathies and liberal attainments, he did a
great work in popularizing original investigation in the
field of American institutional history, and, as founder and
head of the Department of History and Politics at the
Johns Hopkins University (a position he held until declin-
ing health caused him to relinquish it about a year ago),
Dr. Adams, exerted a wide influence on the progress of
university training in the United States. This1 he accom-
plished quite as much by his engaging manners as by any
pre-eminent scholarship. A natural enthusiast, he im-
parted to others some of the devotion he manifested in
regard to his own specialty, while the position he occupied
brought him in contact with young men from all parts of

1 Extract from an article published in the American Historical
Magazine, October, 1901.

Other Tributes 63

America. These will always remember with grateful ap-
preciation his generous interest, his ever-ready cooper-
ation and friendship.

Few American teachers more clearly recognized the
value of close personal relations with his students. In Dr.
Adams the man overshadowed the professor. He did not
hedge himself about with the artificial formalities which
are far too frequently characteristic of those who direct the
training of the young, but was perfectly free and unre-
strained in his relations with those studying under him.
These traits were due quite as much to education as to
inheritance, for travel and association gave him a wide and
varied acquaintance, to say nothing of the catholic, uplift-
ing influences he received from the faithful study of the
poets.

It is scarcely too much to say that the revival of interest
in local history at the South is contemporaneous with the
professorial career of Dr. Adams, and in this regard that
section owes him a lasting debt of gratitude. He never
failed to call attention to the importance of preserving an-
cient records and letters, whilst the tardy activity of more
than one commonwealth south of the Potomac in such
matters as manuscript commissions, as well as the growing
number of books devoted to southern history, may be
traced in no small measure to the influence of the gentle
spirit that has so recently passed away. But the interest
of Dr. Adams in American history was limited to no sec-
tion of the country. North, South, East and West all
received the impress of his alert initiative and intelligent
leadership. But Dr. Adams will not live so much as
editor and scholar as teacher and inspirer, and in this
respect it must be said in concluding that his career directs
renewed attention to one of the ironies of a career such as
his. Many less worthy men leave behind them at least one
or two volumes to perpetuate their memory; but to him

64 Heebeet B. Adams

him who performs the often nobler task of inciting others
to activity and helping them occasionally even to fame,
there seldom comes any reward greater and more lasting
than that of the affectionate regard of the disciple. After
all, however, this is not without its compensation, for the
reward comes to the living rather than to the dead. And
in the case of Dr. Adams rarely did so young an instructor
retain so widespread and loyal an attachment from former
students, and they in turn — " the boys," as he always loved
to call them — even after years of separation, ever felt con-
fident that in him they always had a steadfast friend and
ally.

RESOLUTIONS

THE AMERICAN HISTORICAL ASSOCIATION

At the annual meeting of the American Historical Asso-
ciation in Detroit in December, 1900, the resignation of
Secretary H. B. Adams was received and the following
minute was adopted:

" Recognizing with reluctance the necessity of accepting
the resignation of Prof. Herbert B. Adams, of the office
of secretary, on account of his continued ill health, the
Association desires to place upon its records an expression
of its high appreciation of his services.

" Secretary of the Association from its beginning, no one
had more to do than he with its founding and successful
organization, nor has anyone given greater aid, with wise
counsel and generous loyalty, to its expanding usefulness.
Ever ready for any labor, however great, open-minded
toward every suggestion of new possibilities, always for-
getful of himself and mindful only of the interests of the
Association, he has been during these years a most efficient
officer. The Association regrets that this connection, so

Other Tributes 65

useful to itself, is now terminated, and is glad to believe
that, in some new capacity, it may still have the advantage
of his counsels.

" The secretary is instructed to send to Mr. Adams a
copy of this minute, and to convey to him the most hearty
esteem of the members of the Association, and their best
wishes for the future."

A beautifully engrossed copy remains in the Library of
the Johns Hopkins University.

At the annual meeting held in Washington, D. C, in
December, 1901, the following resolution touching the
death of Professor Adams, was unanimously adopted.

Resolved, That the Association hereby express its pro-
found sorrow for the death of its First Vice President and,
until the regular meeting in 1900, its Secretary since its
organization, Professor Herbert B. Adams, whose career
has been a splendid example of productive scholarship and
professional devotion, whose work in the training of in-
vestigators and the teaching of teachers deserves the most
grateful recognition, and whose loss comes as a personal
bereavement to so many of his students and co-workers.

TRUSTEES OF THE JOHNS HOPKINS
UNIVERSITY

RESIGNATION OF PROFESSOR ADAMS.

At the meeting of the Trustees, held February 4, the fol-
lowing minute was adopted:

" The Board of Trustees, to its great regret, is compelled
to accept the resignation of Professor Herbert B. Adams,
Professor of American and Institutional History, at his
own request, on account of prolonged ill health; and the
President of the Board is requested to appoint a committee
to address a letter to Professor Adams, acquainting him

66 Heebeet B. Adams

with the appreciation of the Board of his long and valuable
services, accepting his generous gift of books and pictures,
and proposing to enrol his name as Professor Emeritus."

The following minute was subsequently adopted by the
Trustees:

" The services of Professor Herbert B. Adams, Ph. D.,
LL. D., who by reason of ill health now gives up the
Professorship of American and Institutional History, after
a continuous residence among us of twenty-five years, will
always be remembered with admiration, affection, and
gratitude.

" His ability as a teacher, an editor, and a promoter of
education has given him national distinction, and the
books, pamphlets, and pictures which he lias collected and
given to the University will continually inspire and instruct
our students, and will be an enduring memorial of the wide
range of his scholarship and sympathies."

It was ordered by the Trustees that this minute be pub-
licly read on the twenty-second of February, and that a
suitable inscription be placed in the room where he has
lectured, commemorative of his services and gifts.

THE JOHNS HOPKINS UNIVERSITY

HISTORICAL AND POLITICAL

SCIENCE ASSOCIATION.

At the first meeting of the Johns Hopkins University
Historical and Political Science Association, October n,
1 901, the members remained standing while the following
memorials were offered for record in the minutes:

Since the last meeting of this Association two of its
leaders have been taken away by death.

Professor Herbert B. Adams, who for nearly twenty-five
years stood at the head of the Department of History,
Economics and Politics, died at Amherst, Mass., July 30,

Other Tributes 67

1901. Although more elaborate memorials are in prepar-
ation on behalf of the University at large, this Association
cannot enter upon the duties of a new year without a word
in remembrance of the founder of its activities. Regarding
this as one of the most important features of the work
Professor Adams was most faithful in attendance upon
these meetings, so long as his health would permit. His
words of encouragement or criticism were constant sources
of inspiration to students and instructors. His interest in
this department of research was such that he left the greater
part of his estate to the University with the desire that it
be used for the furtherance of these kindred studies.

Resolved, That this Association by rising vote enter upon
the records its appreciation of the great services of Herbert
B. Adams to this University and to historical scholarship
in general, and offer its tribute to his memory as a wise
counsellor and generous friend.

Associate Professor Sidney Sherwood, after a brief ill-
ness, died August 5, 1901, at Ballston, New York.

Dr. Sherwood joined this Association in 1888 as a
graduate student and continued to be a member until he
received his Doctor's degree in 1891. After one year's
residence as instructor in the University of Pennsylvania
he returned to Baltimore and remained in this University
until his death. For twelve years he was indentified with
this body and looked forward to continued activity within
these walls. He has been taken away in the strength of
his days and the Department has lost a valued teacher and
faithful friend whose absence will be keenly felt.

This Association by rising vote desires to express its
great sorrow in the death of Sidney Sherwood and to ex-
tend to Mrs. Sherwood and her family the deepest sym-
pathy in their bereavement.

THE BIBLIOGRAPHY

The pages which follow, contain a record of the publi-
cations of the graduates and contributing members of
the Department of History, Politics and Economics during
twenty-five years of its existence. This has been made
as complete as conditions would permit, but the compi-
lation is select rather than exhaustive. Throughout the
whole period it has been the practice to keep an index of
the writings of the men connected with the department
and from time to time to print the latest results. In Janu-
ary, 1901, Professor Adams sent out a letter requesting full
returns from the beginning. The responses were, as a
rule, prompt and carefully prepared, but occasionally some
member could not be reached, or failed to respond. Doubt-
less other omissions and errors have escaped the vigilance
of the compilers, but it is safe to say that the chief work
of the department has been here incorporated.

The bibliography terminates with the academic year
ending June, 1901. It was the intention to publish it in
October of the same year, but the death of Professor
Adams caused a postponement until a suitable memorial
meeting could be held. This occurred on February 5,
1902, in the Donovan Room of McCoy Hall, at which time
the address was delivered by Professor Richard T. Ely, of
the University of Wisconsin.

This bibliography, therefore, becomes now a fitting con-
tribution to a memorial volume. It covers the whole
period of Professor Adams' active connection with the
University. It represents the intellectual activity of men
who grew up with him, or under him, during quarter of a
century. To most of these he was an acknowledged inspir-
ation, and, in the order of the record, by a coincidence as
singular as it is significant, his name leads all the rest.

BIBLIOGRAPHY

HISTORY, POLITICS AND ECONOMICS

1 876- 1 90 1

BIBLIOGRAPHY OF

HISTORY, POLITICS AND ECONOMICS
1876-1901

fHERBERT BAXTER ADAMS. Ph.D., Heidelberg, 1876;
Fellow, Johns Hopkins University, 1876-1878; Associate,
1878-1883; Associate Professor, 1883-1891; LL. D..
University of Alabama, 1891, Amherst College, 1899;
Professor, 1892-1900; Editor, Johns Hopkins Univer-
sity Studies in Historical and Political Science, 1882-;
Editor, Contributions to American Educational History,
Bureau of Education, 1888-; Secretary, American His-
torical Association, 188-J—1900; Professor Emeritus,
J. H. U., 1901. Died, July 30, 1901.

Maryland's Influence in Founding- a National Commonwealth,
embracing two minor papers on Washington's Land Specula-
tions and Washington's Public Spirit in Opening a Channel of
Trade between the East and the West: (Maryland Historical
Society, Fund Publication, No. 11, 1877.)

Post-Graduate Study: (Amherst Student, May 4, 1878.)

University Education in America: (lb., May 18, 1878.)

Translation of Bluntschli's Essay on the Service of Francis
Lieber to Political Science and International Law: (Inter-
national Eeview, Jan., 1880. Reprinted in Lieber's Miscel-
laneous Writings, Vol. II.)

The Thomas Adams and Thomas Hastings Families of Amherst,
Massachusetts: (Privately printed, Amherst, 1880. 16mo.)

The Pilgrim Fathers as Colonists: (J. H. Univ. Circulars, No.
7, Dec, 1880.)

Sketch of the Life of Thomas Donaldson: (Magazine of Ameri-
can History, Nov., 1881.)

4 Bibliography of

The Germanic Origin of New England Towns: (J. H. Univ.
Studies, 1st Series, No. 2, 1882. Abstract in Harvard Univer-
sity Bulletin, June, 1881.)

Historical Reviews in The Nation: Lodge's Short History of
the English Colonists in America: (May 26, 1881); Yorktown
(Oct. 13, 1881) ; Draper's King's Mountain (Dec. 1, 1881) ; Free-
man's Subject and Neighbour-lands of Venice (Feb. 9, 1S82) ;
Libraries in Baltimore (ib.); the St. Clair Papers (May 4,
1882); Freeman's William Eufus (June 22, 1882).

The Origin of Stockbridge and of Village Improvement in
Berkshire: (Berkshire Courier, Great Barrington, Mass., Aug.
30, 1882.)

Norman Constables in America: (New England Historical-
Genealogical Soc. Proc, April, July, 1882; J. H. Univ. Studies,
1st Series, No. 8, 1883; see also article on " Constable " in
Supplement to the Encyclopaedia Britannica, Vol. I.)

Plymouth Rock Restored: (Mag. of Amer. History, Dec, 1882;
Jan., 1883.)

Saxon Tithingmen in America: (J. H. Univ. Studies, 1st Ser.,
No. 4; American Antiquarian Soc, Vol. I, Part 3.) .

Mr. Freeman's Visit to Baltimore; preface to Freeman's Intro-
duction to American Institutional History: (J. H. Univ.
Studies, 1st Series, No. 1, 18S3.)

New Methods of Study in History: (Journal of Soc Sci., Sara-
toga. Papers of 1883.)

Tragabizanda [or Cape Ann]: (Boston Daily Advertiser, Aug.
14, 1883.)

Cooperation in University Work: (J. H. Univ. Studies, 1st
Series, No. 2.)

Special Methods of Historical Study in G. Stanley Hall's Peda-
gogical Library, Vol. I, 1883, extended 1885.)

Village Communities in America, comprising seven minor
papers: (Hist. Coll. of Essex Inst., Vol. XIX; republished as
" Cape Ann and Salem Plantations," in J. H. Univ. Studies,
Vol. II, 1883; see also article on " Commons " in the Supple-
ment to the Encyclopaedia Britannica, Vol. II, 1890.)

Bluntschli's Life-work: (Privately printed, Baltimore, 1884.)

History, Politics and Economics 5

Progress of Civil Service Reform. An Appeal to the People of
Maryland: (Circular letter of Civil Service Eeform Assoc, of
Md., Nov., 1884.)

A New Historical Movement: (The Nation, Sept. 18, 1884.)

Methods of Historical Study: (J. H. Univ. Studies, Vol. II, Nos.
1-2, 1884. Reviewed in Mitth. aus hist, lit., XVI, 1888, 1893.)

Society to Encourage Studies at Home: (The Independent,
Sept. 17, 1885.)

English Views on the Study of History: (The Index, Oct. 8,
1885.)

Marjland's Influence upon Land Cessions to the U. S., with

minor papers on George Washington's Interest in Western

Lands, the Potomac Company, and a National University:
(J. H. Univ. Studies, 3d Ser., No. 1, 1885.)

University Extension in England: (Report of Commissioner of
Education, 1885-86; see also J. H. Univ. Studies, 5th Ser., No.
11.)

Promotion of Higher Political Education: (Report of Commis-
sioner of Education, 1885-86; see also " The College of William
and Mary.")

Annual Reports of Proceedings of American Historical Associa-
tion, 1885-99. Published in the Papers and Reports of the
Association, Washington, Government Printing Office.

History at Harvard University: (Education, May, June, 1886.)

The Land Question, National Problems: (Boston Times, Sept.
5, 1886.)

History at Columbia College: (Education, Oct., 1886.)

Bibliography of History and Political Science. Chapter xxviii
of G. Stanley Hall's Bibliography of Education: (Boston, D.
C. Heath & Co., 1886.)

Secret Sessions of the Senate: (Civil Service Reformer, Jan.
1887.)

History at Yale University: (Education, Jan., 1887.)

Government of Cities: (The Beacon, Boston, Feb. 12, 1887.)

Defence of a Civil Academy: (Science, May, 1887.)

6 Bibliography of

Washington's Idea of a National University: (Library Mag-.,
June, 1887.)

The Work of Libraries: (Springfield Eepublican, Sept. 26, 1887.)

Seminary Libraries and University Extension: (J. H. Univ.
Studies, 5th Ser., No. 11, 1887.)

Study of History in American Colleges and Universities: (U. S.
Bureau of Education, Circulars of Information, No. 2, 1887.)

College of William and Mary: A Contribution to the History
of Higher Education, with Suggestions for its National Pro-
motion: (lb., No. 1, 1887.)

Notes on the Literature of Charities: (Report of the Con-
ference on Charities, Baltimore, 1887; also in J. H. Univ.
Studies, 5th Ser., No. 8, 1887.)

Leopold von Eanke: (Proc. Am. Acad, of Arts and Sci., Vol.
XXII, pt. 2; also in Papers of Am. Hist. Assoc, Vol. Ill, with
an account of " Eanke and the Historical Commission of the
Bavarian Academy of Sciences " and " Bibliographical Notes
on Leopold von Eanke," 1887.)

University Extension in England: (Amherst Literary Monthly,
Dec, 1887).

L'Academie des Etats-Unis de l'Amerique: (The Academy,
Syracuse, N. Y., Dec, 1887.)

Thomas Jefferson and the University of Virginia: (U. S.
Bureau of Education, Circulars of Information, No. 1, 1888.)

Higher Education of the People. A Eecent Experiment in
Buffalo: (Christian Union, May 17, 1888.)

Higher Education of the People. Eecent Experiments in Balti-
more: (The Independent, June 7, 1888.)

Boys' Clubs in Baltimore: (Christian Union, June 21, 1888.)

Pioneer Work of Jared Sparks: (Mag. of Amer. Hist., July,
1888.)

Higher Education of the People. The work of Chautauqua:
(The Independent, Sept. and Oct., 1888.)

Prospectus of Chautauqua University Extension: (Chautauqua
Press, 1888.)

History, Politics and Economics 7

Encouragement of Higher Education: (J. H. Univ. Circulars,
Mch., 1889, and in Notes Supplementary to J. H. Univ. Studies,
No. 3, 1S89; reprinted Mch., 1898.)

Work among Working Women in Baltimore: (Christian Union,
June 6, 13, 1889; also in Notes Supplementary to J. H. Univ.
Studies, No. 6, 1889.)

A Summer Meeting in Oxford: (Chautauquan, Feb., 1889.)

Charles Dickinson Adams. In Memoriam. (Privately printed,
Baltimore, 1889.)

; Vincent, J. M.; Scaife, W. B., et al. Seminary Notes on

Becent Historical Literature: (J. H. Univ. Studies, 8th Series,
Nos. 11-12.)

The State and Higher Education. Address before the Dept. of
Superintendence, Washington, D. C, Mch. 8, 1889. Eeprinted
in Smithsonian Beport for 1889. Washington, 1891.)

Beview of Becent Historical Literature in the U. S.: (Eevue
Historique, Paris, May- June, 1890).

Practical Suggestions regarding University Extension in New
York: (Convocation of Univ. of State of N. Y., July, 1891).

City Universities: (Chautauquan, July, 1891.)

Arnold Toynbee: (Charities Beview, Nov., 1891. Bevised from
Chautauqua Assembly Herald, Aug. 4, 1888.)

A New Movement in Education: (Northwestern Christian Ad-
vocate, Aug. 19, 1891.)

American Pioneers of University Extension: (Educational Be-
view, Oct., 1891.)

Life and Works of Brasseur de Bourbourg: (Proc. Am. An-
tiquarian Soc, April, 1891.)

The Art of Persuasion. Address before the graduates of Law
School of Univ. of Md., May 21, 1891: (Daily Eecord, Balti-
more, May 30, 1891.)

University Extension in America: (The Forum, July, 1891.)

University Extension and its Leaders: (Amer. Monthly Beview
of Eeviews, July, 1891.)

Charles Loring Brace: (Charities Beview, April, 1892.)

8 BlBLIOGEAPHY OF

Christopher Columbus and his Discovery of America: (J. H.

Univ. Studies, 10th Ser., Nos. 10-11, 1892.)

Memorial of Nathaniel Holmes Morison, First Provost of Pea-
body Institute: (8vo. Baltimore, 1892.)

and J. M. Vincent. Nordamerika seit 1762: (Sonderab-

druck aus den Jahresberichten der Geschichtswissenschaft,
Berlin, 1892.)

Student Life at Johns Hopkins: (The Castalian, pub. by Class
of '92, Univ. of Mich.)

Social Life at the Johns Hopkins: (The Hullabaloo, Class of
'92.)

Life and Writings of Jared Sparks: (2 vols. 8vo. Boston,
Houghton, Mifflin & Co., 1893.)

Is History Past Politics?: (Notes Supplementary to J. H. Univ.
Studies, XIII, 3-4.)

Kelation of Preparatory Schools to Higher Education. Ad-
dress to Frederick College Alumni Assoc, Feb. 22, 1894:
(Baltimore Sun, Feb. 23, 1894.)

Historical Work of Herbert Tuttle: (Proc. Tenth annual meet-
ing of Am. Hist. Assoc, 1894.)

and J. H. Hollander. A Sketch of Haym Salomon. From

an unpublished MS. in the papers of Jared Sparks. With
introduction, notes, and bibliography: (Pubs. Amer. Jewish
Hist. Soc, 1894.)

Is History Past Politics? (Proc. of Sixth Annual Meeting of
the Assoc, of Colleges and Preparatory Schools in the Middle
States and Md., 1894. Keviewed in Public Opinion, May 9,
1895.)

Decennial of the American Historical Association: (The Inde-
pendent, Jan. 3, 10, 1895.)

Account of the Tenth annual meeting of the American His-
torical Assoc: (Annals of Amer. Acad., Mch., 1895.)

Science and Good Government: (Baltimore Sun and News, Nov.
11, 1895.)

Freeman the Scholar and Professor: (Yale Beview, Nov., 1895.)

Report of the Eleventh Annual Meeting of the American His-
torical Assoc: (The Independent, Jan. 2, 1896.)

History, Politics and Economics

Lord Amherst: (New England Mag., Feb., 1896.)

English Chautauqua. Experiences in the British Isles: (Balti-
more Sun, Sept. 30, 1S96.)

Amherst: Town and College: (Amherst Book, New York, 1896.)

Biographical Sketch of Herbert Tuttle. Introduction to vol. 4
of Tuttle's History of Prussia: (Boston, Houghton & MifHin,
1896.)

Amherst and Lord Amherst: (In " History of the town of Am-
herst, Mass.," 1896. 8vo.)

Report of Twelfth Annual Meeting of the American Historical
Assoc: (The Independent, Jan., 1897.)

The Teaching of History: (Annual Report of Amer. Hist.
Assoc, for 1896. Washington, 1897.)

A College Congress: (J. H. Univ. News-Letter, Oct. 14, 1897.)

Eeport of Thirteenth Annual Meeting of American Historical
Assoc: (The Independent, Jan. 6, 1898.)

Seventeen Potent Eeasons why the University should be helped:
(Baltimore Herald, Mch. 24, 1898.)

The Study and Teaching of History: (Phi Beta Kappa address
at William and Mary College, Williamsburg, Va., Feb. 18,
1898.)

The Teaching of History: (The New Pedagogue, Baltimore,
Mch., 1898.)

Public Speaking: Address at McDonogh School, May 28, 1898:
(McDonogh, 1898, 23 pp.)

Jared Sparks and Alexis de Tocqueville: (J. H. Univ. Studies,
16th Ser., No. 12.)

Report of Proc of Fourteenth Annual Meeting of American
Historical Assoc: (The Independent, Jan. 5, 1899.)

and six others. The Study of History in Schools. Re-
port to the American Historical Association by the Com-
mittee of Seven: (New York: Macmillan, 1899, 12mo.)

State Library's Civic Seminary: (The Argus, Albany, Aug. 27,
1899.)

A Winter Vacation in Jamaica: (J. H. Univ. News-Letter, May
11 and 25, 1900.)

10 BlBLIOGEAPHY OF

Summer Schools and University Extension: (In " Monographs
on Education in the U. S." Edited by N. M. Butler for Paris
Exposition, 1900. Vol. II, pp. 821-865. Pam. reprinted.)

Public Libraries and Popular Education: (Home Education
Bulletin, No. 31. Albany, Univ. of the State of N. Y., 1900.
8vo. pp. 271.)

Public Educational Work in Baltimore: (J. H. Univ. Studies,
17th Ser., No. 12.)

The Church and Popular Education: (J. H. Univ. Studies, 18th
Ser., Nos. 8-9.)

University Extension in Great Britain: (Report of Commis-
sioner of Education, 1898-99. Vol. I, pp. 957-1055.)

Educational Extension in the United States: (lb., Vol II,' pp.
275-379.)

Baltimore, an Historic City: (Baltimore News, Dec. 29, 1900.)

HENRY CAIITEB ADAMS. Fellow, 1876; Ph.D., 1878;

Instructor, 1879-1881; Lecturer, 1892-1894; Lecturer
and Associate Professor, Cornell University, 1879-1887;
Professor of Political Economy and Finance, University
of Michigan, 1887-; Statistician, Interstate Commerce
Commission, 1887-.

Zur Geschichte der Besteuerung in den Vereinigten Staaten von
Amerika in der Peri ode von 1789-1816: (Zeitschrift fur die
gesammte Staatswissenschaft, Vol. 35, 1879.)

The Irish Land Question: (The New Englander, Jan., 1881.)

Outline of Lectures upon Political Economy: (Baltimore, 1881.
76 pp. 12mo.)

The Financial Standing of States: (Journal of Social Science,
19-20, 1884.)

Taxation in the United States, 1789-1816: (J. H. Univ. Studies,
2d Series, Nos. 5-6.)

American War Financiering: (Political Science Quarterly, Sept.,
1886.)

Public Debts: An Essay in the Science of Finance: (New York,
1S87. 8vo.)

History, Politics and Economics 11

Relation of the State to Industrial Action: (Pubs. American
Economic Assoc, Vol. I, No. 6, 1887.)

Report on Transportation Business in the United States. The
Great Lakes, etc., and Street Railways: (Washing-ton, 1892.)

Popular Education at the University of Michigan: (The Forum,
Sept., 1892.)

Some Recent Results in Railway Statistics in the United States:
(Quarterly Pubs, of American Statistical Assoc, Dec, 1893.)

Statistics of Railways in the United States. Annual Reports
of the Statistician of the Interstate Commerce Commission,
1S88-99: (Washington, Government Printing Office.)

Uniformity in Railway Statistics. Address before the Conven-
tion of Railway Commissioners held at Washington, May, 1890:
(Washington, Gov. Pr. Office, 1890.)

The Graduate School (University of Michigan): (The Inlander,
April, 1893.)

Statistics; Census: (Revised articles in Johnson's Encyclopaedia.)

Reports as Statistician of the Interstate Commerce Commission:
(Washington, 1894-95.)

Publicity and Corporate Abuses; Suggestions for a System of
Taxation: (Michigan Political Science Assoc, May, 1894.)

The Railway Situation in the United States: (Review of Re-
views, Aug., 1894.)

Classification of Operating Expenses as prescribed by the Inter-
state Commerce Commission in accordance with Section 20 of
the Act to regulate Commerce: (Washington, 1894. 28 pp.)

Interstate Commerce Commission. Preliminary Report on the
Income Account of Railways in the United States for 1894:
(Washington, Gov. Pr. Off., 1894. 59 pp.)

Seligman's Essays on Taxation: (Annals of American Academy,
Mch., 1896.)

Economics and Jurisprudence: (American Economic Assoc.
Studies, Vol. II, No. 1, 1897.)

Preliminary Report on the Income Account of Railways of the
United States for the year ending June 30, 1898: (Washing-
ton, Interstate Commerce Commission, 1897.)

The Science of Finance: (New York, Holt, 1898.)

12 BlBLIOGEAPHY OP

A Decade of Federal Railway Regulation: (Atlantic Monthly,
Apr., 1898.)

The Federal Taxation of Interstate Commerce: (Review of
Reviews, Feb., 1899.)

Difficulties in Adjusting- Rates: (Pubs. American Economic
Assoc, Third Series, Vol. I, No. 1.)

THOMAS SEWALL ADAMS. A. B., 1896; Fellow, 1898-
1899; Ph.D., 1899; Assistant to Treasurer in Porto
Kico, 1900-1; Assistant Professor of Economics and
Statistics, University of Wisconsin, 1901-

Economic Services of David A. Wells: (J. H. Univ. Circulars,
Mch., 1898.)

Taxation in Maryland: (In " Studies in State Taxation," J. H.
Univ. Studies, ISth Series, No. 1.)

The American Workman. By E. Levasseur. Translated by T. S.
Adams; edited by Theodore Marburg: (J. H. Univ. Studies,
Extra Volume, 1900.)

The First Porto Rican Legislature: (The Nation, Mch. 7,
1901.)

Political Problems in Porto Rico: (Ibid., April 25, 1901.)

The Financial Problems of Porto Rico: (Annals of American
Academy, May, 1901.)

EDMUND KIMBALL ALDEN. Graduate Student, 1883-
1884; Professor of History, Packer Collegiate Institute,
Brooklyn, 1892-; Assistant Editor, Century Cyclopasdia
of Names.

Progressive Methods of Church Work: The Jersey City Taber-
nacle and People's Palace: (Christian Union, Nov. 21, 1891);
The Berkeley Temple of To-day (lb., Jan. 9, 1892) ; The Temple,
Philadelphia: (lb., Mch. 18, 1893).

Salvation Army at Work: (lb., Nov. 26, 1892.)

Premiers and Chancellors: (The Outlook, June 24, 1893.)

Influence of Physical Features on New England's Development:
(New England Magazine, July, 1893.)

History, Politics and Economics 13

European Parliaments: (The Outlook, Oct. 14, 1893.)

Some Notes of a Tramp: (The Outlook, Nov. 3 and 24, 1894.)

Mountains and History: (Annual Eeport of the American His-
torical Association for 1894.)

The Dismemberment of the Turkish Empire: (lb., 1895.)

Mountains and Mountain Climbing: (The Outlook, Jan. 4, 1896.)

Contributions to Century Dictionary; Johnson's Universal Cyclo-
paedia; Dictionary of United States History; American His-
torical Review.

CHARLES McLEAN ANDREWS. Fellow, 1888; Ph.D.,
1889; Associate, Bryn Mawr College, 1889-1895; Pro-
fessor of History, 1898-.

Suffrage in Maryland: (Baltimore American, Nov. 6, 1SSS.)

Earle's Handbook to the Land Charters and other Saxonic
Documents: (Modern Lang-uage Notes, 1889.)

Slavery in Connecticut: (Magazine of American History, May,
1889.)

The River Towns of Connecticut: (J. H. Univ. Studies, 7th Series,
Nos. 7-9.)

Taylor's Origin and Growth of the English Constitution:
(Christian Union, Vol. I, 1890.)

Origin of Connecticut Towns: (Annals of American Academy,
Oct., 1890.)

A Peasant Striker of the Fourteenth Century: (The Chautau-
quan, Feb., 1891.)

Weeden's Economic and Social History of New England, 2 vols.:
(Annals of American Academy, April, 1891.)

University Extension Movement. Is it sufficient to stimulate?
(Book News, Phila., May, 1891.)

Theory of Village Community: (Annual Report of the American
Historical Association for 1890.)

Brown's Genesis of the United States, 2 vols.: (Christian Union,
Oct. 3, 1891.)

14 BlBLIOGEAPHY OP

Allen's Essays and Monographs: (Annals of American Academy,
Nov., 1891.)

Laveleye's De la propriety et de ses formes primitives: (4th
edition: (lb.)

Winsor's Narrative and Critical History of America, Vols. 1, 6,
7, 8: (Christian Union, Nov. 28, 1889; Mch. 27, 1890; Mch. 26,
1891.)

Johns Hopkins University Studies, Vol. VIII: (Christian Union,
April 30, 1891.)

Hosmer's Anglo-Saxon Freedom: (lb., Aug. 1, 1891.)

Fustel de Coulanges' Origin of Property in Land: (Political
Science Quarterly, Dec, 1891.)

Report on Outdoor Alms of the Town of Hartford: (Annals of
American Academy, Jan., 1892.)

Vinogradoff's Villainage in England: (Political Science Quar-
terly, June, 1892.)

Fiske's Discovery of America, 2 vols.: (Christian Union, Nov. 5,
1892.)

Winsor's Christopher Columbus: (lb., Jan. 16, 1892.)

Jephson's The Platform, 2 vols.: (lb., July 2, 1892.)

Schouler's History of the United States under the Constitution,
5 vols.: (lb., June 9, 1891; Feb. 27, 1892.)

Gummere's Germanic Origins: (lb., June 4, 1892.)

The Old English Manor: (J. H. Univ. Studies, Extra Volume
XII, 1892.)

Some Recent Aspects of Institutional Study: (Yale Review, Feb.,
1893.)

A Biographical By-path through Early New England History;
Life of Richard Gildersleeve: (New England Magazine, Feb.,
1893.)

Payne's History of America, Vol. I: (Christian Union, Feb. 11,
1893.)

Rhodes' History of the United States, Vols. I and II: (lb., Feb.
25, 1893.)

History and Moral Culture: (Proc. of National Education Asso-
ciation, 1893; Journal of Pedagogy, Mch., 1893.)

History, Politics and Economics 15

Garnier's History of English Landed Interest: (Political Science
Quarterly, Men., 1893.)

Thayer's Dawn of Italian Independence, 2 vols.: (Christian
Union, April 1, 1893.)

Brentano's Die Volkwirthschaft und ihre Konkreten Grundbe-
dingungen: (Annals of American Academy, May, 1893.)

Ashley's Economic History, "Vol. I, Pt. II: (Yale Review, Nov.,
1893.)

Early Records of the Town of Providence, Vols. I-IV: (Annals
of American Academy, Mch., 1894.)

Die Stadt in Neu England: ihr Ursprung und ihre agrarische
Grundlage, I, II, HI: (Zeitschrift fur Social- und Wirth-
schaftsgeschichte, Zweiter Band, 1 and 2 Hefte, 1893.)

Syllabus of Lectures on the Political History of Europe since
1815: (Pubs, of Society for Extension of University Teaching,
Series A, No. 1, 1891.)

Syllabus of Lectures on the Renaissance, historically considered:
(lb., Series A, No. 36, 1892.)

Syllabus of Lectures on the Reformation, historically considered:
(lb., Series C, No. 7, 1893.)

Payne's History of America, Vol. I: (Christian Union, Feb. 11,
1893.)

Bryan's Mark in England and America: (Political Science Quar-
terly, Mch., 1894.)

Traill's Social England, Vol. I: (Christian Union, June 30, 1894;
The Outlook, Jan., 1898.)

Goodnow's Comparative Administrative Law, 2 vols.: (Christian
Union, July 7, 3 894.)

Green's Town Life in the Fifteenth Century, 2 vols.: (lb., Aug.

4, 1894.)

Larned's History for Ready Reference, 5 vols.: (lb., Oct. 13,
1894.)

Winsor's Cartier to Frontenac: (lb., Oct. 27, 1894.)

Emerton's Mediaeval Europe: (Yale Review, Feb., 1895.)

The Connecticut Intestacy Law: (Yale Review, Nov., 1S94.)

16 BlBLIOGKAPHY OF

The Talcott Papers, 2 vols.: (Political Science Quarterly, Dec,
1894; Annals of American Academy, Nov., 1894; Hartford Cour-
ant, Nov. 19, 1896.)

Borgeaud's Rise of Modern Democracy in Old and New England:
(Annals of American Academy, Sept., 1895.)

Cunningham and McArthur's Outlines of English Industrial His-
tory: (Political Science Quarterly, Sept., 1895.)

Seebohm's Tribal System in Wales: (American Historical Re-
view, Oct., 1895.)

Round's Feiidal England: (Political Science Quarterly, Dec,
1895.)

Articles in Palgrave's Dictionary of Political Economy: The
Mark System; The Manor (historical); The Land System in
the American Colonies. 1896.

The French Republic: (The Chautauquan, Oct., 1896.)

De la Gorce's Histoire du Second Empire, Vols. I-IV: (American
Historical Review, July, 1896; Jan., 1897; Sept., 1899.)

Cheyney's Social Changes in the Sixteenth Century: (Political
Science Quarterly, Dec, 1896.)

Gross's Select Cases from the Coroner's Rolls: (lb., Mch., 1897.)

Mahan's Life of Nelson, 2 vols.: (The Outlook, July 17, 1897.)

Baden-Powell's Indian Villag-e Community: (Political Science
Quarterly, June, 1897.)

Origin and Growth of Village Communities in India: (lb.,
Mch., 1900.)

Maitland's Domesday Book and Beyond: (American Historical
Review, Oct., 1897.)

Township and Borough: (Political Science Quarterly, Dec,

1898.)

Sloane's Life of Napoleon Bonaparte, 4 vols.: (American His-
torical Review, Jan., 1898.)

Seignobos' Histoire politique de l'Europe contemporaine: (An-
nals of American Academy, May, 1898.)

Political History of Europe since 1814: (lb., Mch., 1900.)

Stern's Geschichte Europas, Vol. II: (American Historical Re-
view, Oct., 1895.)

History, Politics and Economics 17

The Historical Development of Modern Europe, 1815-1897: (New
York, Putnam, 1896, 1898. 2 vols. One volume edition, 1900.)

Forbes' Life of Napoleon, Vol. Ill: (American Historical Re-
view. Jan., 1899.)

American Colonial History, 1690-1750: (Annual Report of the
American Historical Association for 1898.)

Duruy's General History of the World; Schwill's History of Mod-
ern Europe; Judson's Europe in the Nineteenth Century:
(Annals of American Academy, Mch., 1899.)

H. B. Adams' Sparks and de Tocqueville: (lb., May, 1899.)

McCrady's History of South Carolina, Vol. II: (The Literary
World, Aug. 19, 1899.)

G. B. Adams' European History: (Annals of American Academy,
Sept., 1899.)

Des Marez's Etude sur la propriety fonciere dans les villes du
moyenage: (Political Science Quarterly, June, 1899.)

Peck's The Jacksonian Epoch: (Annals of American Academy,
Nov., 1899.)

Colby's Selections from the Sources of English History: (Yale
Review, Nov., 1899.)

Patten's The Development of English Thought: (American
Historical Review, Jan., 1900.)

Smith's The United Kingdom, 2 vols.: (lb., July, 1900.)

Recent European History in the College Curriculum: (Annual
Report of the American Historical Association for 1899.)

Introduction to Ideal States: (New York, Macmillan Co., 1901.)

Contemporary Europe, Asia and Africa, 1870-1901: (New York,
1901.)

ALBERT CLAYTON APPLEGARTH. A. B., 1884; Ph.D.,
1887; Clergyman, Huntingdon, Pa.

Observations in the Southern States: (Overland Mo., Apr., 1885.)
Maryland and the Quakers: (Friends Review, Dec, 1886.)
The American Inquisition: (Friends Review, 1S88.)
Attitude of the Quakers towards the Indians: (lb., 1889.)

18 BlBLIOGEAPHT OP

Attitude of the Quakers towards Slavery: (lb., 1889.)

Conduct of Quakers during the American Revolution: (lb., 1889-
1890.)

The Holy Experiment Divided: (Friends Rev., 1890.)

Quaker Customs in Provincial Pennsylvania: (lb., 1890-1891.)

What did the Provincial Quakers Believe? (lb., 1891.)

Rienzi — Last of the Roman Tribunes: (Baltimorean, Jan. 2, 1891.)

Easter, its History and Ceremonies: (Baltimorean, Mch. 21,
1891.)

The Question of Public Baths: (Baltimore Sun, Sept. 1, 1891.)

European Railroads, their Merits and Demerits: (Baltimorean,
Sept. 6, 1891.)

Reminiscences of Waterloo: (lb., Nov., 1891.)

Sunday in Law: (Farmers Alliance Journal, Nov. 7, 1891.)

Case of the People vs. the Ring: (lb., Dec. 5, 1891.)

Shall the City own its Gas Works? (lb., Jan. 30-Feb. 7, 1892.)

Ethics in Economics: (lb., Feb., 1892.)

The Two Schools of Political Economy: (Baltimorean, Feb. 20,
1892.)

The Jury System and its Critics: (Green Bag, Mch., 1892.)

Economics of Heathen and Christian Nations contrasted: (lb.,
Apr., 1892.)

A Lawyer on Lawyers: (Green Bag, July, 1892.)

The Warfare against Society: (Every Saturday, Oct., 1892.)

Pagan Jurisprudence: (Green Bag, Nov., 1892.)

Review of "Quakers in Pennsylvania": (Review of Reviews,
Nov., 1892.)

Influence of Jewish Religion on Platonic Philosophy: (Friends
Review, 1892.)

Legislation in a Quaker Colony: (lb.)

The Holy Experiment: (lb.)

Attempts at the Alleviation of Poverty: (lb., 1893.)

History, Politics and Economics 19

Feeders of Crime: (Green Bag, Feb., 1S93.)

Case of the People vs. the King: (lb., Aug., 1893.)

The Bible vs. Communism: (Twentieth Century, Sept. 14, 1893.)

The African in America: (lb., Oct. 19, 1893.)

German University Life: (Friends Review, Jan. 18 and Feb. 1,
1894.)

Education: (Minutes Centre Baptist Assoc., 1895.)

Methods of Bible Study: (The Amer. Friend, 1895.)

The Epistle of James: (Journal and Messenger [Cincinnati],
1895.)

Glad Tidings: (The Telegram [Balto.], 1S95.)

Profanity: (The Huntingdon Globe, 1S95.)

The Epistle of Jude: (The Amer. Friend, 1896.)

The Book of Jonah: (The Local News [Huntingdon], 1896.)

Pastoral Inter- Visitation: (The Examiner [N. Y.], 1896.)

Advantages of a Religious Newspaper: (The Commonwealth
[Phila.], 1897.)

A Study of I Corinthians: (The Amer. Friend, 1898.)

The Tide of Irreverence: (The Local News [Huntingdon], 1898.)

Enemies of the Church: (The Commonwealth, 1899.)

Patriotism: (The Amer. Friend, 1899.)

The Uplook in Care: (The Examiner, 1S99.)

Heaven on Earth: (The Amer. Friend, 1900.)

Salvation: (The Commonwealth, 1900.)

Church Prosperity: (lb., 1900.)

America's Greatest Institution: (lb., 1900.)

Church Finances: (lb., 1900.)

H. CLAY ARMSTRONG. Graduate Student, 1888-1890;
Secretary, TJ. S. Legation, Madrid, 1896.

The Policy and Duty of the State towards Negro Education:
(Address before Alabama Educational Assoc, July 1, 1891.)

20 BlBLIOGKAPHY OF

BENJAMIN WILLIAM ARNOLD, Jr. Ph.D., 1896; Fellow
by Courtesy, 1898-1900; Instructor, Emory College,
1899-1900; Professor, State Female Normal School,
Farmville, Va., 1901-.

Development of the American Railway System: (" The State,"
Richmond, Va., May 14, 1897.)

Railroads and the Government: (Gunton's Magazine, Aug-.,
1898.)

Virginia Women and the Civil War: (Pubs. Southern History
Assoc., July, 1898.)

A Word with Southern Farmers: (Southern Planter, June, 1898.)

A Picture of the Philippines: (Gunton's Magazine, May, 1899.)

Hawaii: (Methodist Review, May -June, 1S99.)

History of the Tobacco Industry in Virginia from 1860 to 1894:
(J. H. Univ. Studies, 15th Series, Nos. 1-2.)

Story of Wayfarers and Homeless Men: (Methodist Review, May-
June, 1900.)

China, Europe and United States: (Richmond Times, July 1,
1900.)

JOSEPH CULLEN AYER. B. D., Episcopal Theological
School, 1887; Ph. D., Leipzig, 1893; Fellow by Courtesy,
J. H. U., 1899.

Co-editor " Orators of Ancient Rome; Orators of Early Church;
and Orators of the Reformation: (New York, Putnams, 1899-
1900. 8vo.)

The Psalter in the Church Service: (The Church Eclectic, Oct.,
1899.)

Versuch einer Darstellung der Ethik Joseph Butlers: (Leipzig,
1893.)

The Ecclesiastical Authority sede vacante in the American Church:
(Church Eclectic, April, 1899.)

Some Italian Madonnas: Studies in Early Religious Art: (Liv-
ing Church, Dee., 1900; Jan., 1901.)

Histoky, Politics and Economics 21

PHILIP WHEELOCK AYRES. Fellow, 1887; Ph. D., 1888.
Director of the School in Philanthropic Work, Charity
Organization Societ)7, New York.

The Unwritten Constitution of the U. S.: (Cornell Review,
June, 1884.)

Schuyler's American Diplomacy: (Christian Union, May 6, 1886.)

Moninisen's Provinces of the Eoman Empire: (lb., June 30,
1887.)

Generations of Beggars: (Cincinnati Times-Star, July 8, 1890.)

Work-room for Women: (lb., Oct. 14, 1890; April 15, 1891.)

The Poor and their Woes: (Cincinnati Enquirer, Feb. 8, 1891.)

Poor of Great Cities, those of Cincinnati and New York com-
pared: (Cincinnati Times-Star, April 19, 1891.)

Professional Begging: (Cincinnati Enquirer, May 31, 1891.)

Kesolutions of the International Prison Congress at St. Peters-
burg, translated from P. F. Aschrott's Strafen- und Gefang-
nisswesen Nordamerikas: (Proceedings National Prison Con-
gress at Cincinnati, 1890.)

Tenth, Eleventh, and Twelfth Annual Eeports of the Associated
Charities of Cincinnati, 1890-1892.)

Experiments in Belief Work: (Charities Eeview, Nov., 1892.)

State Labor Bureaus: (Proc. International Conference Chari-
ties and Correction, Chicago, 1893.)

Relief by Employment: (lb., New Haven, 1895.)

The Care of Discharged Prisoners in the U. S.: (Written for
the International Conference of Charities, Brussels, 1900;
printed by the Government in Washington; reprinted by the
Ohio State Board of Charities, 1900.)

The Study of Causes of Distress: (Charities Eeview, Dec, 1898.)
Training for Practical Philanthropy: (Eeview of Eeviews, Feb.,
1890.)

The Summer School in Philanthropic Work: (Charities, New
York, 1899-1900.)

22 BlBLIOGEAPHT OF

JAMES CURTIS BALLAGH. A. B. (extra ordinem), 1894;
Ph. D., 1895; Instructor, 1895-; Associate, 1897-

White Servitude in the Colony of Virginia: (J. H. Univ. Studies,

13th Series, Nos. 6-7.)
The Scotch-Irish in America: (Illustrated American, July 11,

1896.)

Wm. Holden Hutton's "Philip Augustus": (The Citizen, Nov.,
1896.)

Follett's "The Speaker of the House of Representatives": lb.,
Dec, 1896.)

Bruce's Economic History of Virginia: (lb., Feb., 1897.)

Introduction to Southern Economic History. I. The Land Sys-
tem: (Annual report of the American Historical Assoc, for
1897.)

North and South in National Expansion: (Conservative Review,
May, 1899.)

Introduction of Slavery into North America: (J. H. Univ. Cir-
culars, Dec, 1898.)

Baltimore and Municipal Reform: (lb., Mch., 1899.)
Land System of the Southwest: (lb., Apr., 1899.)

Southern Economic History. II. Tariff and Public Lands: (An-
nual report of the American Historical Assoc, for 1898.)

Institutional Origin of Slavery: (Conservative Review, Aug.,
1899.)

Social Condition of the Ante-Bellum Negro: (lb., Mch., 1900.)

Pleas for the University. Some reasons for State Aid to the
Johns Hopkins University: (Baltimore Herald, Feb. 24, 1900.)

The Johns Hopkins University and the South: (N. Y. Evan-
gelist, Mch. 29, 1900; reprinted, J. H. Univ. Circulars, Jan.,
1901.)

Memoir of Susan Catherine Wi throw: (Central Presbyterian,
Sept. 12, 1900.)

GEORGE ERHEST BARNETT. Fellow, 1899; Ph. D., 1901;
Assistant in Economics, 1900-1901; Instrnctor, 1901-

Taxation in North Carolina: (In " Studies in State Taxation,"
J. H. Univ. Studies, 18th Series, No. 2.)

History, Politics and Economics 23

JOHN SPENCER BASSETT. Fellow, 1893; Ph.D., 1894;
Professor, Trinity College, 1894; President, Trinity Col-
lege Historical Society, 1894-98; Secretary and Treas-
urer, Roanoke Colony Memorial Society, 1894-97;
Editor, Publications of Historical Society of IST. C. Con-
ference Methodist Episcopal Church (South).

University Extension for North Carolina: (Southern Educator,
Feb., 1892.)

Some Phases of Early Plantation Life in North Carolina:
(Trinity Archive, Dec, 1892.)

A North Carolina Monastery (Benedictine) : (Magazine of
American History, Feb., 1893.)

Southern Literature of the Past and of the Future: (Trinity
Archive, Feb., 1S93.)

Immigration and Southern Progress: (lb., May, 1893.)

The Temptation of Culture: (lb.)

The Relation between Eome and the Early Kentish Church:
(To-day, April, 1894.)

The Naming of the Carolinas: (Sewanee Eeview, May, 1894.)

The Constitutional Beginnings of North Carolina (1663-1729):
(J. H. Univ. Studies, 12th Series, No. 3.)

The Study of History and Political Science for Southern Youths:
(Methodist Review, Nashville, Jan.-Feb., 1895.)

The Regulators of North Carolina (1765-1771): (Annual Report
of the American Historical Association for 1894.)

The Cultural Opportunity of the Country Preacher: (Christian
Advocate, Greenville, S. C, April 11, 1895.)

The Regulation and its Relation to the Revolution: (Mid-Con-
tinent Magazine, July, 1895.)

Joseph Halstead Gillespie: (Trinity Archive, Oct., 1895.)

Frederick W. Robertson: (Methodist Review, Nov.-Dec, 1895.)

Suffrage in the State of North Carolina: (Annual Report of the
American Historical Assoc, for 1895.)

24 BlBLIOGEAPHT OF

Slavery and Servitude in the Colony of North Carolina: (J. H.
Univ. Studies, 14th Series, Nos. 4-5.)

Landholding- in Colonial North Carolina: (Law Quarterly Re-
view, April, 1895.)

The Culture Problem in Southern Towns: (Methodist Review,
July-Aug., 1896.)

The Regulators of North Carolina, 1765-1771: (Annual Report of
the American Historical Association for 1896.)

Historic Hillsboro: (Trinity Archive, Dec, 1896.)

Edward Graham Daves: (Historical Papers, Trinity College,

N. C, 1897.)

Anti-slavery Leaders of North Carolina: (J. H. Univ. Studies,
16th Series, No. 6.)

History of Slavery in North Carolina: (lb., 17th Series, Nos. 7-8.)

Our Historical Problem: (Historical Society of the N. C. Con-
ference of the M. E. Church, 1897.)

History as it relates to Life: (Methodist Review, July-Aug.,
1897.)

Landholding in Colonial North Carolina: (Annual Publications
of Historical Papers by the Historical Society of Trinity Col-
lege, Series II, 1898.)

The Case of the State vs. Will: (lb., Series II, 1898.)

The Congressional Career of Thomas L. Clingman: (lb., IV,
1900.)

Running the Blockade from Confederate Ports: (lb.)

North Carolina Methodism and Slavery: (lb., Series IV, 1900.)

Historical Methods: (Christian Educator, Mch., 1898.)

Gladstone and Bismarck: (Methodist Review, Nov.-Dec, 1898.)

The Position of the Negro in Southern Life. Commencement
address at the Slater Industrial and State Normal School:
(Winston, Salem, N. C, 1900.)

The American Revolution. An English view: (Conservative Re-
view, July, 1899.)

The Struggles of Sidney Lanier: (Methodist Review, Jan.-Feb.,
1900.)

History, Politics and Economics 25

North Carolina: (Article in the London Times' Supplement to
the Encyclopaedia Britannica, 1900.)

North Carolina Records: (Eeport of the Public Archives Com-
mission of the American Historical Association, 1900.)

Rhodes' History of the U. S. from the Compromise of 1850, Vol.
IV: (Political Science Quarterly, Mch., 1900.)

The Contribution of The Archive to History. A Bibliographical
Study of Historical Articles: (Trinity Archive, Dec, 1900.)

Notes and Biographical Sketch for New Edition of the Writings
of Col. William By rd: (New York, Doubleday, Page & Co.,
1901.)

EDWARD WEBSTER BEMIS. Ph.D., 1885; Instructor,
Amherst College, 1885-1886; Adjunct Professor, Van-
derbilt University, 1886-1892; Associate Professor, Uni-
versity of Chicago, 1892-1895; Associate Editor Bibli-
otheca Sacra,

Local Government in Michigan and the Northwest: (J. H. Univ.
Studies, 1st Series, No. 5.)

Socialism and State Action: (Proceedings of American Social
Science Assoc, 1886.)

Origin and Achievements of Trades-unions: (Cosmopolitan, July,
1886.)

The Iron Octopus: (lb., Feb., 1887.)

Old-time Answers to Present Problems, as illustrated by the
Early Legislation of Springfield, Mass.: (New Englander and
Yale Review, Feb., 1887.)

Benefit Features of American Trades-unions: (Political Science
Quarterly, June, 1887.)

Cooperation: (Appleton's Annual Encyclopaedia, 1888.)

The Complaint of the Poor: (The Independent, May 17, 24, 1888.)

Immigration: (Andover Review, March and June, 1888.)

Our Railways: (The Statesman, Dec, 1888.)

Factory Legislation: (lb., Feb., 1889.)

26 Bibliography of

Profit Sharing in the U. S.: (Christian Union, Nov. 7, 1889.)

The National Educational Association: (lb., Aug-. 1, 1889.)

Socialism: (Quarterly Review of the M. E. Church South, July,
1890.)

Is Henry George a Safe Leader? (Our Day, Oct., 1890.)

The Relation of the Church to Social Problems: (Dawn Library,
Tract No. 2. From Northern Christian Advocate, Syracuse,
1890.)

Cooperation in New England: (American Economic Assoc,
Vol. I, No. 5. Enlarged as a chapter in " History of Coopera-
tion in the U. S." J. H. Univ. Studies, 6th Series.)

City Ownership of Gas Works in the U. S.: (The Independent,
May 28, 1891.)

Insurance of American Workingmen: (Christian Union, Sept.

5, 1891.)

Municipal Ownership of Gas Works in the U. S.: (American
Economic Assoc, Vol. VI, Nos. 4-5, 1891.)

What shall be taxed? (The Chautauquan, Aug., 1891.)

The Eelation of Trades-unions to Apprentices: (Quarterly
Journal of Economics, Oct., 1891.)

The Workingmen of the United States: (In Supplement to an
American edition of the Encyclopaedia Britannica.)

Mine Labor in the Hocking Valley: (American Economic Assoc,
Vol. Ill, No. 3.)

Insurance of American Workingmen: (Handworterbuch der
Staatswissenschaften, 1892. Revised for new edition, 1898.)

In the Tennessee Mountains: (Christian Union, Sept. 10, 1892.)

Twenty-fifth Annual Cooperative Congress of Great Britain:
(Journal of Political Economy, March, 1893.)

Herbert M. Thompson's " Theory of Wages ": (lb.)

Cooperative Printing Society: (lb.)

N. P. Gilman's Socialism and the American Spirit: (lb., June,
1893.)

Histoky, Politics and Economics 27

T. W. Bushill's Profit Sharing- and the Labor Question: (lb.,
Sept., 1893.)

Eecent Results of Municipal Gas Making in the United States:
(Eeview of Reviews, Feb., 1893.)

The Silver Situation in Colorado: (lb., Sept., 1893.)

Local Government in the South and the Southwest: (J. H. Univ.
Studies, 11th Series, Nos. 11-12.)

Cooperative Life Insurance: (New edition Johnson's Encyclo-
paedia, 1893.)

Discontent of the Farmer: (Journal of Political Economy,
Mch., 1893.)

A. F. Bentley's Condition of the Western Farmer, as illustrated
by the Economic History of a Nebraska Township: (lb., Sept.,
1893.)

Note on the Convention of the American Federation of Labor;
Report on Charges against Gas Companies in Massachusetts:
(lb., Mch., 1894.)

Eighth Annual Report of the Board of Gas and Electric Light
Commissioners of Massachusetts; Gray's Stellung der Priva-
ten Beleuchtungsgesellschaften zu Stadt und Staat: (lb.)

Homestead Strike: (lb., June, 1894.)

Recent Tendencies in Economic and Social Science; Problems of
Municipal Reform: (The Dial, 1894.)

The Coal Miner's Strike: (The Outlook, May 12, 1S94.)

Belation of Labor Organizations to Trade Instruction: (Ameri-
can Academy of Political and Social Science, Sept., 1894.)

University Extension among the Wage-workers: (University
Extension, Phila., Oct., 1894.)

Some Steps in Municipal Reform: (Public Opinion, Mch. 21, 1895.)

Discussion of Labor Problems: (The Dial, June 16, 1895.)

The Chicago Strike in 1894: (Revue de Economie Politique,
July, 1895.)

A Point of View: (Bibliotheca Sacra, Jan., 1896.)

Some Municipal Problems: (The Forum, Mch., 1S96.)

28 BlBLIOGEAPHY OF

The Restriction of Immigration: (Bibliotheca Sacra, July, 1896.)

Cooperative Distribution: (Bulletin U. S. Dept. of Labor, Sept.,
1896.)

The Question of Free Coinage of Silver: (Bibliotheca Sacra,
Oct., 1896.)

Chicago Gas and Chicago Street Railway Report of the Illinois
Bureau of Labor Statistics for 1896.)

Municipal Lighting: (The Independent, New York, May 6, 1897.)

Cooperative Stores in New England: (Quarterly Journal of
Economics, July, 1897.)

Die Amerikanische Arbeitsstatistik: (Archiv fur Soziale Ge-
setzg-ebung und Statistik, Band II.)

Mr. Debs' Social Democracy: (Our Day, Aug., 1897.)

American Labor Statistics: (The Industrialist, Sept. 20, 1897.)

Strikes and Injunctions: (The Industrialist, Sept. 27, 1897.)

Kansas Regulations of City Monopolies: (lb., April, 1898.)

The Taxation Problem in Chicago: (Bibliotheca Sacra, Oct.,
1897.)

Evils of Tax Administration: (The Independent, Feb. 3, 1898.)

Some Recent Municipal Gas History: (The Forum, Mch., 1898.)

Report to Detroit Street Railway Commission on Value of De-
troit Railway Franchises, 1890.)

Benefit Features of American Trade-unions: (U. S. Bulletin of
Labor, May, 1899.)

Municipal Monopolies: (New York, Crowell & Co., 1899.)

Addresses on Municipal Monopolies: (Proceedings of the Second
and Third Annual Conventions of the League of American
Municipalities, 1898-1899.)

Academic Freedom: (The Independent, Aug. 17, 1899.)

Municipal Lighting: (The Outlook, Aug. 19, 1899.)

Detroit's Efforts to own her Street Railways: (Municipal Affairs.
Sept., 1899.)

History, Politics and Economics 29

American Trade-unions: (Palgrave's Dictionary of Political
Economy.)

History of the Boston and Albany R. R.: (Boston Herald and
Springfield Republican, Sept. 29, 1899.)

Municipal Monopolies: (Progress, Dec, 1S99.)

The Trust Problem: (The Forum, Dec, 1899.)

Municipal Ownership: (Pubs. Social Reform Union, Vol. II, No.

2, Jan., 1900.)

Filtration in Philadelphia: (North American, Feb. 6, 7, 8, 1900.)

Addresses on Trusts: (Proceedings Chicago Trust Conference,
Sept., 1899, and in Proceedings Anti-Trust Conference, Feb.,
1900.)

A Modern Municipal Plant (South Norwalk, Conn., Electric
Light) : (New York Times, Feb. 11, 1900.)

Argument before Joint Committee of Massachusetts House and
Senate against Lease of Boston and Albany R. R. to N. Y.
Central: (Boston Transcript, Mch. 20, 1900.)

The Ethical Side of Trade Unionism: (The Independent, May

3, 1900.)

The Revision of the New York Charter: (New York Times,
June 3, 1900.)

Liberty in Economic Teaching: (Gunton's Magazine, Mch., 1900.)

ARTHUR FISHER BENTLEY. Fellow, 1894; Ph. D., 1895;
Journalist, Chicago.

The Condition of the Western Farmer as illustrated by the
Economic History of a Nebraska Township: (J. H. Univ.
Studies, 11th Series, Nos. 7-8.)

The Units of Investigation in the Social Sciences: (Annals of
American Academy, May, 1895.)

E. J. BENTON. Graduate Student, 1898.

Taxation in Kansas: (In " Studies in State Taxation," J. H.
Univ. Studies, 18th Series, No. 3.)

30 BlBLIOGEAPHY OF

W. LLOYD SEVAN. A. B., J. H. U., 1886; S. T. B., General
Theological Seminary, 1889; A. M. and Fellow, Colum-
bia, 1889; Ph. D., Munich, 1893; Rector, Trinity Church,
Concord, Mass., 1894-1896; Assistant, Church of the
Advent, Boston, 1897; Associate Editor, New York
Churchman, 1898; Professor, University of the South,
1898.

Sir William Petty. A Study in English Economic Literature:
(Pubs. American Economic Assoc, Vol. IX, No. 4, August,
1894.)

JAMES WILLIAM BLACK. A. B., 1888; Ph. D., 1891; Act-
ing Professor, Georgetown College, 1891-1892; Associate
Professor, Oberlin College, 1892-1894; Professor, Colby
College, 1894-.
Maryland's Attitude in the Struggle for Canada: (J. H. Univ.

Studies, 10th Series, No. 7.)
Eeferences on the History of Labor and some Contemporary
Labor Problems: (Oberlin College Library Bulletin, Vol. I,
No. 2, May, 1893.)
Savagery and Survivals: (Popular Science Monthly, July, 1894.)

Syllabus of Five Lectures, American History, University Exten-
sion Course No. 6. Colby College, 1895.

The Dawn of Western Discovery: (Proc. Maine Hist. Soc, Vol.
VIII, Oct., 1897.)

Archives of Maryland, XVI: (American Historical Review, Jan.,
1898.)

Eowland's Charles Carroll of Carrollton: (lb., July, 1898.)

History of Georgetown College, Kentucky: (In A. F. Lewis'
History of Higher Education in Kentucky. U. S. Bureau of
Education. Circular of Information, No. 3, 1899.)

FKANK WILSON BLAGKMAE. Fellow, 1888; Ph. D., 1889;
Professor of History and Sociology, Kansas University,
1889; Professor of Sociology and Economics, 1899;
Dean of Graduate School, 1898.

Social Phenomena of the Early Hebrews: (Overland Monthly,
April, 1887.)

History, Politics and Economics 31

The Money Value of a Low Death-rate: (Fifth Annual Report
of the State Board of Health of Kansas, Topeka, 1889.)

Spanish Colonization in the Southwest: (J. H. Univ. Studies,
8th Series, No. 4.)

The Study of History and Sociology: (Topeka, 1890.)

History of Federal and State Aid to Higher Education in the
United States. (Contributions to American Educational His-
tory. Xo. 9. Bureau of Education, 1890.)

Spanish Institutions of the Southwest: (J. H. Univ. Studies,
Extra Vol. X.)

The Union State: A Letter to our Union States Friend. By John
C. Hurd: (Reviewed in Annals of the American Academy,
Jan., 1891.)

Spanish American Words: (Modern Language Notes, Feb., 1891.)

Free Coinage of the Silver Question: (Publications of First
Western States Commercial Congress, 1891.)

Editor Seminary Notes: (University of Kansas, Vol. I, 1891.)

University Extension in the Southwest: (University Extension
Journal, Mch., 1892.)

Indian Education: (Annals of American Academy, May, 1892.)

Educated Labor: (In Labor Day Souvenir, Topeka, Sept., 1892.
Pam. 112 pp.)

Columbus and the New West. Address before the students of
the University of Nebraska, 1892: (Seminary Notes, Vol. I.)

Penology in Kansas: (Kansas University Quarterly, April, 1893.)

Two Examples of Successful Profit-sharing: (The Forum, Mch.,
1893.)

Experiments in the Solution of the Labor Problem: (Kansas
University Quarterly, July, 1895.)

History of Suffrage in Legislation in the United States. (The
Chautauquan, Oct., 1895.)

Pensions in Legislation: (lb., Dec, 1895.)

The Promises of Democracy: Have they been fulfilled? (The
Forum, June, 1896.)

32 Bibliography of

A Chapter in the Life of Charles Kobinson, First Governor of
Kansas: (Annual Eeport of the American Historical Associa-
tion for 1894. Washington, 1896.)

The Story of Human Progress: (Leavenworth, Ketcheson &
Eeeves. 8vo. 1896.)

Taxation in Kansas: (Kansas University Quarterly, Vol. VI, No.

4, 1897.)

Productive Cooperation in England: (lb., Series B, Vol. VI, No. 2.)

Municipal Government of Berlin: (The Forum, Aug., 1897.)

San Francisco's Struggle for Good Government: (lb., Jan., 1899.)

Annals of an Historic Town: (Annual Eeport of the American
Historical Association for 1893.)

L'impot federal sur le revenue aux Etats-Unis: (Eevue du Droit
Public, Paris, Tome I, 1893.)

La Legislation sur les boissons fortes aux Etats-Unis: (Eevue
du Droit Public, Paris, Tome IV, 1895.)

The Conquest of New Spain: (The Agora, Vol. V, Jan., 1896.
Illustrated.)

Spanish Colonization: (lb., Feb., 1896. Illustrated.)

Old Spanish Missions: (lb., March, 1896. Illustrated.)

The Smoky Pilgrims, a Study in Social Pathology: (American
Journal of Sociology, Vol. II, pp. 485-500, 1896. Illustrated.)

Social and Economic Influence of Sanitation: (Therapeutic
Digest, Vol. I, No. 5. Annual Eeport of Kansas Board of
Health, 1898.)

Social and Economic Influences of Irrigation: (Kansas Univer-
sity Quarterly, Vol. VII, No. 2, 1898.)

How can Labor Bureaus best aid in determining- the true Eela-
tion between Capital and Labor? (Fourteenth Annual Eeport
of Kansas Bureau of Labor, 1898.)

The Organization of a Political Party: (Chicag-o Eecord, April

19, 1898.)

How Nominations are made: (lb., April 25, 1898.)

The Value of Social and Economic Statistics: (Fifteenth Annual
Eeport of Kansas Bureau of Labor, 1899.)

History, Politics and Economics 33

Bank Currency and Government Paper: (Proceedings of Twelfth
Annual Convention of Kansas Bankers' Association, 1S99.)

King's De Soto in the Land of Florida: (American Historical
Beview, Vol. IV, p. 541.)

Coues' On the Trail of a Spanish Pioneer: (lb., Vol. VI, No. 1,

p. 141.)
History of Higher Education in Kansas: (No. 27, Contributions

to American Educational History. Bureau of Education, 1900.)

Political Science in the Public Schools. Address before the Kan-
sas State Teachers' Assoc: (Seminary Notes, Vol. I.)

Indian Education at Haskell Institute: (Beview of Beviews, Vol.
V, p. 557.)

Biographical Sketch of Charles M. Sheldon. Introduction to
"In His Steps ": (New York, H. M. Caldwell Co.)

Social Degeneration in Towns and Bural Districts: (Proc. Na-
tional Convention of Charities and Correction, Topeka, 1900.)

Memoir of Charles Bobinson, Ex-Governor of Kansas: (Trans-
actions Kansas Historical Society, Vol. VI, pp. 187-202, 1900.)

Economics: (Topeka, Crane & Co., 1900. 526 pp.)

Spanish Colonial Policy: (Amer. Econ. Assoc. Pubs., 3d Series,
Vol. I, No. 3, Aug., 1900.)

JEFFREY RICHARDSON BRACKETT. Ph. D., 1889; Lec-
turer, on Public Aid, Charity and Corrections, 1899- ;
President, Board of Supervisors of Charities, Baltimore,
1900-.

Status of the Slave, 1775-1789: In "Essays in Constitutional
History of the United States," edited by J. F. Jameson. Bos-
ton, Houghton & Mifflin, 1889.)

The Negro in Maryland: A Study of the Institution of Slavery:
(J. H. Univ. Studies. Extra Volume VI, 1889. 268 pp.)

Notes on the Progress of the Colored People of Maryland since
the War: (J. H. Univ. Studies, 8th Series, Nos. 8-9.)

Charity Organization: (Charities Beview, June, 1898.)

Public Aid in a Great City: (Proc. National Conference of
Charity and Correction, 1898, pp. 191-195.)

Charity Organization: (Charities Beview, June, 1898.)

34 BlBLIOGEAPHY OF

D. C. BRANSON. Graduate Student, 1890-1891, 1892-1893.
The Temptation of Culture: (Trinity Archive, May, 1893.)

WILLIAM THE0PHIL¥S BRANTLY. Graduate Student,
1877-1878. Secretary of State of Maryland, 1893-1894;
Eeporter of the Court of Appeals of Maryland, 1894-.

The Influence of European Speculation in the Formation of the
Federal Constitution: (Southern Law Review, Vol. VI, Aug-.,
1880.)

Annotated Edition of the Maryland Reports: (21 vols. Balti-
more, 1883-1886.)

Notes on the Law of Contract: (Baltimore, 1887; 2d ed., 1893.)

Principles of the Law of Personal Property: (San Francisco,
1891.)

The English in Maryland: (Chapter XIII of Vol. Ill of Winsor's
Narrative and Critical History of America.)

Digest of the Maryland Eeports: (2 vols. Baltimore, 1896-1897.)

Supplement to the Maryland Digest: (1 vol. Baltimore, 1900.)

Maryland Reports of Cases in the Court of Appeals: (Vols. 80
to Vol. 90. 1894-1900.)

CHARLES HILLMAN BR0TJGH. Fellow, 1897; Ph.D.,
1898; Professor, Mississippi College, 1898-.

The University Laureate of America: (Mississippi College Maga-
zine, Jan. and Feb., 1897.)

The Marquis of Salisbury: (Home Magazine, Jan., 1897.)

Irrigation in Utah: (J. H. Univ. Studies, Extra Volume XIX.)

Taxation in Mississippi: (No. 5 of Studies in State Taxation,
J. H. Univ. Studies, 18th Series, Nos. 1-4.)

The Significance of Economic History in Mississippi: (Proc. of
Mississippi Teachers Assoc, April, 1899.)

The Power of Woman in History: (The Baptist, June, 1899.)

The History Department of Mississippi College: (The Baptist,
Mch., 1899.)

History, Politics and Economics 35

The Baptist Young People's Union in Mississippi: (The Baptist,
Nov., 1899.)

Loyalty to Mississippi: (Miss. College Magazine, Mch., 1900.)

We study but to serve: (Miss. College Magazine, Jan., 1901.)

The History of Taxation in Mississippi: (Proc. of Miss. State
Historical Society, Vol. II.)

The History of Banking in Mississippi: (lb., Vol. HI.)

The History of Transportation in Mississippi: (lb., Vol. IV.)

ALFRED C00KMAN BRYAN. A. B., 1892; Ph.D., 1896;
Instructor, Washington High School, 1896-

History of State Banking in Maryland: (J. H. Univ. Studies,
17th Series, Nos. 1-3.)

Ancient Hebrew Charities: (Jewish Comment, Balto., 1895.)

CHARLES WEATHERS BUMP. A. B., 1892; Night Editor,
Baltimore Sun.

The Birney Collection of Books on Slavery: (J. H. Univ. Cir-
culars, No. 85, Feb., 1891.)

Cumberland's Drama of the Jew: (American Hebrew, N. Y., Feb.
20, 1891.)

The Gilmore Autographs: (J. H. Univ. Circulars, No. 94, Dec,
1891.)

Bibliographies of the Discovery of America: (J. H. Univ. Stu-
dies, 10th Series, Nos. 10-11.)

Public Memorials to Columbus: (lb.; abstract in Baltimore Sun,
Nov. 21, 1892.)

Note on Columbus Portraits: (J. H. Univ. Studies, 10th Series,
Nos. 10-11.)

Churches and Keligious Institutions of Maryland: (Chapter XII
of the Maryland World's Fair Book.)

Women at the Johns Hopkins University: (Baltimore Sun, Jan.
12 and May 25, 1893.)

36 Bibliography of

Churches and Religious Institutions of Maryland: (Baltimore,
1S93. Small edition reprinted from " Maryland, Its Eesources,
Industries and Institutions. Prepared for the Board of World's
Fair Managers of Maryland.")

Monuments to Washington: (Baltimore Sun, Feb. 22, 1896.)

A Merry Christmas: (Baltimore Life, Dec. 19, 1896.)

The Key-note of the Twentieth Century: (Baltimore, Jewish
Comment, April 23, 1897.)

Up-to-date Jacobites: (Baltimore Weekly Sun, Jan. 29, 189S.)

A Bishop on the Yukon: (Baltimore Sun, Feb. 7, 1898.)

A Brilliant Speaker (impressions of Mr. Gladstone): (lb., May
19, 1898.)

Homes of Famous Men in Baltimore: (lb., Dec. 12, 1898.)

Picturesque Pennsylvania: (Philadelphia Evening Telegraph,
Aug. 3, 1899.)

Baltimore as it seemed to an English Farmer in 1824. Address
before Maryland Historical Society: (Baltimore Herald, Nov.
14, 1899.)

Was Washington killed by the Treatment of his Physicians:
(Baltimore Sun, American, Herald, and Correspondent, Dec.
14, 1899; Bichmond, Va., Dispatch, Dec. 15, 1S99; Springfield,
Mass., Republican, Dec. 17, 1899.)

How the News of Washington's Death was received in Baltimore
in 1799. Address to Maryland Society of Sons of the American
Revolution: (Baltimore Sun, American, Herald, and Cor-
respondent, and Richmond, Va., Dispatch, Dec. 15, 1899.)

Some Early St. Patrick's Day Observances in Baltimore. Ad-
dress before Irish Historical Society of Maryland: (Baltimore
American and Herald, Jan. 9, 1900; Irish World, N. Y., Jan. 10,
1900.)

In the Mouth of the Susquehanna: The story of Watson's or
Palmer's Island. Address before Historical Society of Harford
Co., Md.: (Baltimore American, Jan. 2S; Harford Democrat,
Bel Air, Feb. 2, and Bel Air Aegis, Feb. 2, 1900.)

Where the First Mass was said in Baltimore: (Baltimore Sun-
day American, Nov. 12, 1899.)

Histoky, Politics and Economics 37

The Historic Setting of Port Deposit: (Tome Institute Monthly,
May, 1900.)

The New Tome Institute: (Baltimore Sun, May 21, 1900.)

Ein Historischer Beitrag: (Der Deutsche Correspondent, Bal-
timore, Feb. 17, 1901.)

Down the Historic Susquehanna. A summer's jaunt from Otsego
to the Chesapeake: (Baltimore, 1899. 16mo.) Originally pub-
lished in letters to the Baltimore Sun, 1899.

Early St. Patrick's Day Banquets in Baltimore: (The Gael,
Mch., 1901.)

HOWARD WALTER CALDWELL. Graduate Student, 1882-
1883; Secretary, Nebraska Historical Society, 1891-;
Professor, University of Nebraska, 1891-.

History in American Colleges: (Northwestern School Journal,
June, 1890.)

History in Education: (Beport of Sup't of Public Instruction of
Nebraska, 1890-1891.)

History of the University of Nebraska: (Proe. Twelfth Annual
meeting of the State Historical Society of Nebraska, Vol. Ill,

1891.)

The Study of History in American Universities: (Northwestern
Journal of Education, June, 1891.)

History: (Northwestern Journal of Education, Nov., 1891.)

The Founding of the Colonies: (American History Studies, Lin-
coln, Neb., Sept., 1897.)

A Survey of American History: (Lincoln, J. H. Miller, 1898.
256 pp.)

Judicial Department of the U. S. Government: (Chicago Eecord,
Home Study Dept., April, 1898.)

Great American Legislators: (Lincoln, J. H. Miller, 1899. 256
PPO

Life of Henry Clay: (University Association, Chicago, 1899.
120 pp.

38 Bibliography of

History of the United States, 1815-1861: (University Association,
Chicago, 1898.)

Caldwell's American History: Survey and Expansion (bound in
one): (Chicago, Ainsworth & Co., 1900. 512 pp.)

Territorial Expansion: (Lincoln, J. H. Miller, 1900. 256 pp.)

History of the University of Nebraska: (The Nebraska Teacher,
Feb., 1901.)

JAMES M0BT0N CALLAHAN. Fellow, 1896; Ph. D., 1897;
Acting Professor of American History and Constitutional
Law, Hamilton College, 1897-1898; Lecturer in Diplo-
matic History, J. H. TL, 1898-1899; Lecturer, 1901.

Outlines of Civil Government: (Chicago, 1890.)

Outlines of United States History: (Chicago, Geo. Sherwood &
Co., 1891.)

Outlines in Geography: (Chicago, 1892.)

Agreement of 1817: Reduction of Naval Forces upon the Ameri-
can Lakes: (Annual Report of the American Historical Asso-
ciation for 1895. Washington, 1896.)

The Northern Lake Boundary before 1783: (Indiana School
Journal, Aug., 1896.)

The Study of History: (lb., July, 1897.)

The English Constitution: (The Citizen, Phila., July, 1897.)

The Northern Lake Frontier during the Civil War: (Annual
Report of the American Historical Assoc, for 1896.)

Cuba and Anglo-American Relations: (lb., 1897.)

Diplomatic Relations of the Confederate States with England,
1861-1865: (lb., 1898.)

Where shall the Study of History begin? (Indiana School Jour-
nal, Mch., 1898.)

The Neutrality of the American Lakes and Anglo-American
Relations: (J. H. Univ. Studies, 16th Series, Nos. 1-4.)

Cuba and International Relations: (lb., Extra Volume.)

History, Politics and Economics 39

American Relations in the Pacific and the Far East, 17S4-1900:
(lb., 19th Series, Nos. 1-3.)

Diplomatic Relations of the Southern Confederacy: (Baltimore,
Johns Hopkins Press, 1901. 12mo. 304 pp.)

THOMAS NIXON CARVER. Graduate Student, 1891-1893;
Instructor and Professor, Oberlin College, 1894-1900;
Assistant Professor, Harvard University, 1900-.

The Philosophy of Herbert Spencer: (Pacific Monthly, June-
July, 1891.)

Moses as a Political Economist: (Methodist Review, July-Aug.,
1892.)

The Science of Demagogy: (American Journal of Politics, Mch.,
1893.)

The Place of Abstinence in the Theory of Interest: (Quarterly
Journal of Economics, Oct., 1893.)

Malthus at the Hands of Recent Critics: (American Journal of
Politics, Nov., 1894.)

Theory of Wages adjusted to Recent Theories of Value: (Quar-
terly Journal of Economics, July, 1894.)

The Ethical Basis of Distribution and its Application to Taxa-
tion: (Annals of American Academy, July, 1895.)

The Shifting of Taxes: (Yale Review, Nov., 1896.)

The Value of the Money Unit: (Quarterly Journal of Econ-
omics, July, 1897.)

The Ohio Tax Inquisitor Law: (Economic Studies, published by
the American Economic Assoc, June, 1898.)

Trusts and Internationalism: (The Chautauquan, Mch., 1901.)

HENRY E. CHAMBERS. Graduate Student, 1893-1894;
Principal, McDonogh Grammar School, New Orleans,
1884-1888; Professor, New Orleans Boys High School,
1888-1891; Assistant Professor, Tulane University,
1891-1893; Principal, Monroe (La.) High School, 1894-
1896; Professor, Boys High School, New Orleans, 1896-

40 BlBLIOGEAPHY OF

1900; Professor of History and State Teachers' Insti-
tute Conductor, La. State Normal School, 1900-.

A School History of the United States: (University Publishing
Company, New York, 1887. Eevised edition, 1898.)

The Training of the Citizen: (New Orleans Press, July, 1887.)

Some Educational Needs of Louisiana: (Department of State
Publications, Louisiana, 1888.)

A Higher History of the United States: (University Pub. Co.,
New York, 1889.)

A Plea for Southern Convictions: ("America," Chicago, May 1,
1890.)

Mind: Its Origin and Expression: (Annual address at the
Alumni Beunion of the New Orleans High Schools. Published
in the Proceedings, 1890.)

Bars to our State's Progress. Annual address before the La,
Press Assoc: (Donaldsville, La., 1892.)

A Short-lived American State: (Magazine of American History,
Jan., 1892.)

How to teach American History: (lb.)

Louisiana: A Sketch in Outline of its Past and Present: (World
Book Co., Chicago, 1893; revised edition, Hansell, New Orleans,
1897.)

The Keystone of the Educational Arch: (Proc. La. Educ. Assoc,
Session of 1893.)

An Historical Sketch of Hawaii: (New Orleans Picayune, Aug.
13, 1893.)

Editor, Louisiana School Beview, Monroe, begun April, 1895.

The Factors of Social Progress as Exemplified in the History of
the Ancient Greeks: (La. School Beview, April, 1895.)

The Louisiana Educational Association and its Belation to the
Educational History of the State: (Address at Third Annual
Convention of La, Public School Teachers, April, 1S95.)

Present Economic Conditions in the South: (New Orleans Pica-
yune, Mch. 11, 1895.)

History, Politics and Economics 41

Search Questions in American History: (University Pub. Co.,
New York, 1895.)

Constitutional History of Hawaii: (J. H. Univ. Studies, 14th
Series, No. 1.)

Time and Place Relations in History, with some Louisiana and
Mississippi Applications: (New Orleans Daily Picayune, Jan.
16, 189S.)

West Florida and its Relations to the Historical Cartography of
the United States: (J. H. Univ. Studies, 16th Series, No. 5.)

A Higher History of the United States: Revised edition: (New
Orleans, University Pub. Co., 1898.)

A Hand-book of Methods and Topics in American History for
Normal Schools and Colleges: (lb.)

A Topic Guide to the Study of American History: (lb.)

A Course of Historical Study for La. High Schools: (Proc. An-
nual Meeting of the La, State Teachers Assoc, 1898.)

William Charles Cole Claiborne, Governor of Mississippi Terri-
tory and First Governor of Louisiana: (Pubs, of the Miss.
Hist, Soc, Vol. Ill, 1900.)

JULIAN ALVIN CARROLL CHANDLER. Ph.D., 1S96;
Professor, Woman's College, Kichmond, 1897-.

Representation in Virginia: (J. H. Univ. Studies, 14th Series,
Nos. 6-7.)

Compulsory Voting in Virginia: (Woman's College Chisel, Feb.,
1897.)

A rare book— the Eliot Bible: (lb., Feb., 1897.)

John Taylor of Caroline. Address before the Alumni Assoc, of
William and Mary College: (Richmond Dispatch, July 8, 1890.)

History of Suffrage in Virginia: (J. H. Univ. Studies, 19th
Series, Nos. 6-7.)

JAMES WILKINSON CHAPMAN, Jr. Ph. D., 1896; Attor-
ney at Law, Baltimore.

State Tax Commissions in the United States: (J. H. Univ.
Studies, 15th Series, Nos. 10-11.)

42 BlBLIOGEAPHY OF

G. P. COLER. Graduate Student, 1884-1887.

Claims of Pedagogy in Colleges and Universities: (Columbus,
1894.)

JOHN &. COMMONS. Graduate Student, 1888-1890; Tu-
tor in Economics, Wesleyan University, 1890-1891; As-
sociate Professor, Political Economy, Oberlin College,
1891-1892; Professor of Economics and Social Science,
Indiana University, 1892-1895; Professor of Sociology,
Syracuse University, 1895-1899; Director, Bureau of
Economic Kesearch, New York City, 1899-

The Purchase of a Home in Baltimore: (J. H. Univ. Circulars,
No. 75, Sept., 1889.)

with G. W. Knight. History of Higher Education in

Ohio: Circulars of Information, No. 12. Bureau of Educa-
tion, 1891.)

The Christian Minister and Sociology: (Publications of the
Christian Social Union in the United States, No. 4, 1891.)

A New Plan for Minority Representation: (Eeview of Eeviews,
Nov., 1891.)

A Popular Bibliography of Sociology: (Library Bulletin, Ober-
lin College, Vol. I, No. 1, Jan., 1892; reprinted as Leaflet No. 6
of Pubs, of the Christian Social Union in the U. S.)

Proportional Representation: (Annals of the American Acad-
emy, Vol. II, No. 5, Mch. and Apr., 1892.)

Protection and Natural Monopolies: (Quarterly Journal of
Economics, July, 1892.)

How to abolish the Gerrymander: (Review of Reviews, Dec,
1892.)

The Church and the Problem of Poverty in Cities: (Charities
Review, May, 1893.)

Bullion Notes and an Elastic Currency: (Annals of the American
Academy, Sept., 1893.)

A Bibliography of Proportional Representation: (Proportional
Representation Review, Dec, 1893.)

History, Politics and Economics 43

The Government of Cities: (Proc. 77th Meeting of the Sunset
Club, Chicago, Nov. 22, 1S94.)

The Distribution of Wealth: (New York, Macruillan, 1894.
12mo.)

Proportional Representation in Belgium: (Proportional Repre-
sentation Review, Mch., 1894.)

Proportional Representation in Cities: (Social Economist, June,
1S94.)

Social Reform and the Church: (New York, Crowell, 1894.)

Outlines of Lectures on City Government: (Greencastle, Ind.,
1894.)

State Supervision of Cities: (Annals of the American Academy,
May, 1895.)

Progressive Individualism: (American Magazine of Civics, June,
1895.)

Proportional Representation: (New York, Crowell, 1896.)

The Day Labor and Contract Systems of Municipal Works:
(Yale Review, Feb., 1897.)

Natural Selection, Social Selection and Heredity: (The Arena,
July, 1897.)

Day Labor and Contract Systems of Municipal Works: (Ameri-
can Federalist, 13 articles, Jan., 1897-Jan., 1898.)

The Junior Republic: (American Journal of Sociology, Nov.,
1897; Jan., 1898.)

The Value of the Study of Political Economy to the Christian
Minister: (Methodist Review, Sept.-Oct., 1898.)

Social Economics and City Evangelization: (The Christian City,
Dec, 1898.)

The Legalization of Political Parties: (Civic Federation, Chi-
cago, 1898.)

Syllabi of Lectures on City Government, Sociology and Social
Problems: (University of the State of New York, 1898.)

The Right to Work: (The Arena, Feb., 1899.)

A Sociological View of Sovereignty: (American Journal of
Sociology, July, 1899, to July, 1900. 7 articles.)

44 BlBLIOGEAPHT OF

Direct Legislation in Switzerland and the United States: (The
Arena, Dec., 1899.)

Municipal Electric Lighting: In " Municipal Monopolies ": (New
York, Crowell, 1899.)

Proportional Representation in Belgium: (Review of Reviews,
May, 1900.)

Representation of Interests: (The Independent, June 19, 1900.)

Municipal Employment and Progress: (Municipal Affairs, June,
1900.)

Index Numbers of Wholesale Prices, 1878-1900: (Bulletin of the
Bureau of Economic Research, July and Oct., 1900.)

Representative Democracy: (lb., 1900. 100 pp.)

Economic Theory and Political Morality: (Pubs. American
Economic Assoc, 1900.)

HENRY SC0FIELD C00LEY. Ph. D., 1896; Instructor, Salt
Lake City College, 1898-1900; Instructor, Ogden High
School, 1900-.

A Study of Slavery in New Jersey: (J. H. Univ.. Studies, 14th
Series, Nos. 9-10.)

ANDREW FULLER CRAVEN. Ph.D., 1893; Professor,
Columbian University.

Absolutism and Individuality in Education: (Washington, 1894.)

JOHN BROUGHTON DAISH. A. B., 1888; Instructor, Wash-
ington High School, 1888-1889; Attorney at Law, Wash-
ington, D. C.

The Study of Geography: (Education, Jan., 1888.)

Science and Genesis: (Presbyterian Observer, May 17, 1888.)

and E. R. Shipp. A Selection of Cases illustrating

Equity Pleading and Practice: (Washington, J. Bryne & Co.,
8vo. 1901.)

Points about Bills of Lading: (American Miller, Chicago, Aug.
1, 1900.)

Histoey, Politics axd Economics 45

DAVIS RICH DEWEY. Fellow, 1885; Ph.D., 1886; Lec-
turer, 1895-1896; Instructor; Professor, Massachusetts
Institute of Technology, 1886-.

A Plea for Pure Eomance: (Christian Union, 1885.)

The Sanitary and Quarantine Administration of Baltimore:
(Bradstreets, New York, April 18, 1885.)

Simon Newcomb's Principles of Political Economy: (University,
Chicago, Dec. 19, 1885.)

The Eight Hour Day: (Christian Union, Jan. 21, 1SS6.)

Administrative Responsibility in Baltimore: (Bradstreets, Mch.
13, 1886.)

Political History since 1S15: (History notes for use of students
of Mass. Inst, of Technology, Boston, 1SS7, pp. 75.)

Elementary Notes on Graphic Statistics: (Technology Quar-
terly, Boston, Vol. IT, No. 1, 1S88, p. 89.)

Municipal Eevenue from Street Railways: (Pubs. Amer. Econ-
omic Association, Jan., 1888, Vol. 2, p. 551.)

Index to Reports of Bureaus of Labor Statistics for 1887: (Pubs.
of American Statistical Association, Boston, Dec, 1888, Vol. I,
p. 165.)

with A. B. Hart and others. Report of Committee upon

Courses of Reading and Study of Works on Civil Government
of the Mass. Soc. for Promoting Good Citizenship: (Boston,
1888.)

Study of Statistics: (Pubs, of Amer. Econ. Assoc, Vol. IV, p.
361, 1889.)

News of the French Revolution in America: (New England
Magazine, Sept., 1889.)

with C. H. Levermore. Political History since 1S15,

excluding the U. S.: (A syllabus of lectures for use in Mass.
Inst, of Technology, Boston, 1889, 2d ed., 1893, pp. 142.

Statistical Atlases and Album of Agricultural Statistics of the
United States: (Pubs. Amer. Statistical Assoc, March, 1890.)

R. Mayo-Smith's Emigration and Immigration: (Annals of
American Academy, July, 1890.)

46 BlBLIOGEAPHT OF

Relation of Political Economy to Reforms: (The Brotherhood,
Boston, Nov. 14, 1890.)

Political Economy and Social Reform: (The Brotherhood, Bos-
ton, Feb., 1891.)

Health and Vital Statistics. Review of certain State reports:
(Pubs. Amer. Statistical Association, March, 1891.)

Keynes on Statistics: (lb., June, 1891, Vol. 2, p. 308.)

Statistical Year-books and Annuals: (lb., Sept., 1891, Vol. 2, p.
393.)

G. B. Longstaff's Studies in Statistics: (Annals of American
Academy, March, 1892, Vol. 2, p. 652.)

The Nativity of New England: (The Independent, May 19, 1892.)

Statistics of Suicides in New England: (Pubs. Amer. Statistical
Association, June, Sept., 1892, Vol. 3, p. 158.)

The Relation of Social Reforms: (The Open Court, June 30,
1892.)

and F. H. Howland. Nativity and Occupation of Mem-

bers of the Massachusetts Legislature: (Technology Quar-
terly, Vol. VI, No. 3, Oct., 1893, pp. 198-202.)

Irregularity of Employment. Paper read at the Seventh Annual
Meeting of the American Economic Association, Dec. 27, 1894:
(Pubs. Amer. Economic Association, Vol. IX, pp. 51-67.)

Various Articles in the Dictionary of Political Economy. Edited
by R. H. Inglis Palgrave. London, 1S94-1899. Vols. I-III.

Reports as Chairman of the Massachusetts Board to Investi-
gate the Subject of the Unemployed. Pt. 1, pp. 206; Pt. 2,
pp. 100; Pt. 3, pp. 122; Pt. 4, pp. lxiii, 24; Pt. 5, pp. briii, 130.
Senate Doc. 50. Boston, 1895.

Foreign Statistical Annuals. (Pubs. Amer. Stat. Assn., 1895, Vol.
IV, pp. 274-282.)

Mayo-Smith's " Sociology and Statistics ": (Pubs. Amer. Sta-
tistical Association, 1896, Vol. V, pp. 41-44.)

" Problem of the Aged Poor." By Geoffrey Drage: (Pol. Sci.
Quar., 1896, Vol. XI, pp. 338-339.)'

" Zur Frage der Arbeitslosen-Versicherung." By G. Schanz:
(Pol. Sci. Quar., 1896, Vol. XI, pp. 342-345.)

History, Politics and Economics 47

Francis A. Walker as a Public Man: (Review of Reviews, 1897,
Vol. XV, pp. 166-171.)

(Member of the Commission) Report of the Commission to Inves-
tigate the Public Charitable and Reformatory Interests of the
Commonwealth. Boston, 1897.

The Interdependeney of Modern Communities. In addresses de-
livered Founder's Day, May 1, 1897, at the University of Ver-
mont. Burlington, Vt., pp. 21-34.

Syllabus on Political Economy: (Brookline, Mass., 1897. Six
lectures.)

Illiteracy and Educational Statistics: (In Papers on the Federal
Census, Pubs. Amer. Economic Association, March, 1899.)

Editor of Discussions in Economics and Statistics, by Francis A.
Walker. 1899. N. Y. 2 vols.

Knox's History of Banking in the United States: (American
ffistorical Review, Jan., 1901, pp. 277-279.)

Education for Commerce: (Technology Review, April, 1901.)

Bullock's Essays on the Monetary History of the United States:
(American Historical Review, April, 1901, pp. 579-580.)

Editor of Publications of American Statistical Association, 1SS7-.

JOHN DEWEY. Fellow, 1883; Ph. D., 1884; Instructor and
Professor, University of Michigan, 1884-1894; Profes-
sor of Philosophy, University of Chicago.

Elementary School Record:

Nos. 1 and 2, Psychology of Early Childhood.

No. 3, Psychology of Occupation.

No. 4, Reflective Attention.

No. 5, Froebel's Educational Principles.

No. 8, The Aim of History in Elementary Education.

No. 9, The Psychology of the Course of Study.

Journal of Speculative Philosophy:

No. 16, p. 108, Metaphysical Assumptions of Materialism.
No. 16, p. 249, Pantheism of Epineza.
No. 17, p. 90, Knowledge and Relativity of Feeling.
No. 18, p. 162, Kant and Philosophic Method.

48 BlBLIOGKAPHY OF

Monist:

Vol. 2, p. 1, The Present Position of Logical Theory.
Vol. 3, p. 362, The Superstition of Necessity.
Vol. 8, p. 381, Evolution and Ethics.

Mind (Old Series) :

Vol. 11, p. 1, The Psychological Standpoint.

Vol. 11, p. 153, Psychology as Philosophic Method.

Vol. 12, p. 382, Knowledge as Idealization.

Vol. 12, p. 83, Illusory Psychology.

Vol. 13, p. 33, Some Errant Conceptions of the Self.

Andover Review:

Vol. 11, p. 378, The' New Psychology.
Vol. 7, p. 573, Ethics and Physical Science.
Vol. 11, p. 337, The Philosophy of T. H. Green.
Vol. 16, p. 105, Poetry and Philosophy.

International Journal of Ethics:

Vol. 1, p. 186, Moral Theory and Practice.

Educational Eeview:

Vol. 6, Nov., 1893, Teaching Ethics in the High School.
April, 1897, Psychologic Aspect of School Curriculum.
June, 1898, Harris' Psychologic Foundations of Education.
May, 1901, Are the Schools doing what the People want them

to do?
June, 1901, The Situation as regards the Course of Study.

Pop. Sci. Monthly:

Vol. 45, The Chaos of Moral Training.

Johnson's Universal Cyclopedia:

Vol. 4, Article on " Intuitionalism."
Vol. 5, Article on " Moral Philosophy."

Publications of Philos. Dept. Univ. of Mich.:
The Ethics of Democracy.

University of Chicago, Contributions to Philosophy, Vol. 1, No. 3:
The Significance of the Problem of Knowledge.

Herbartian Year Book, 1895, 3d Supplement:
Interest as related to Will.

1896, Culture Epoch Theory.

1897, Ethical Principles Underlying Education.
The University Eecord of Univ. of Chicago:

Vol. 1, pp. 353 and 361, Pedagogy as a University Discipline.
Vol. 1, p. 417, The University School.

History, Politics and Economics 49

The New World:

Vol. 7, Xo. 37, Social and Ethical Interpretations in Bald-
win's Book on Mental Development.

Transactions of the Illinois Society for Child-study:

Vol. 2, Xo. 2, The Interpretation Side of Child Study.
Vol. 4, No. 3, Principles of Mental Development as illustrated
in Early Infancy.

Proceedings of the National Ed. Assn. for 1S98:

Page 333, Plan of Committee for Eeport on Elementary Edu-
cation.

Kindergarten Magazine, June, 1899:
Play and Imagination.

The Forum:

May, 1898, The Primary Education Fetich.

The Psychology of Drawing:

Drawing Department of Chicago Public Schools. Compiled
from notes taken of a talk at Western Drawing Teachers
Association at Indianapolis, in primary drawing books,
1897-1898.

The School Journal:

Jan. 16, 1898, My Pedagogical Creed.

Philosophical Eeview:

Vol. 1, Xo. 6, p. 593, Green's Theory of Moral Motive.

Vol. 2, Xo. 6, Self-realization as Ideal.

Vol. 3, Xo. 3, p. 337, The Ego as Cause.

Vol. 6, Xo. 1, p. 43, The Psychology of Effort.

Vol. 7, Xo. 4, p. 396, Eeview of Baldwin's Mental Develop-
ment (Social and ethical interpretation).

Vol. 7, Xo. 6, p. 629, A Rejoinder.

Xo. 3, A Eeview of Boyce's " The World and the Indi-
vidual."

Vol. 9, Xo. 5, p. 465, Some Stages of Logical Thought.

Psychological Review:

Vol. 1, p. 63, The Psychology of Infant Language.

Vol. 1, p. 109, Eeview of Ethical Books.

Vol. 1, p. 400, Review of Ethical Books, Ward's Psychic Fac-
tors, etc.

Vol. 1, p. 553, The Theory of Emotions (emotional attitudes).

Vol. 2, p. 13, The Theory of Emotions (the significance of
emotion).

50 BlBLIOGEAPHT OF

Psychological Review — continued.

Vol. 3, p. 181, The Metaphysical Method in Ethics.
Vol. 3, p. 218, Review of Ethical Books.
Vol. 3, p. 357, The Reflex arc Concept in Psychology.
Vol. 7, No. 2, Psychology and Social Practice.

Pedagogical Seminary:

Vol. 5, No. 3, Some Remarks on the Psychology of Number.

Psychology, Harper & Brothers; Am. Book Co.

Leibnitz's Human Understanding. S. C. Griggs & Co.

The Study of Ethics: A Syllabus. Geo. Wahr & Co., Ann Arbor.

Outline of Ethics. Geo. Wahr & Co., Ann Arbor.

The Psychology of Number. McLellan & Dewey, Inter. Ed.
Series.

My Pedagogical Creed, in Student Manual Series. Kellogg, New
York.

The School and Society. By the Press of the University of
Chicago.

THOMAS DIXON, Jr. Graduate Student, 1883-1884.

Living Problems in Religion and Social Science: (New York,
Funk & Wagnalls, 1889.)

The Negro and the South: (Christian Union, May 22, 1890.)

What is Religion? (New York, Scott Pub. Co., 1891.)

Political Equality: (Pam., 24 pp.)

Dixon on Ingersoll: (New York, 1895.)

The Failure of Protestantism in New York: (7th Ed., New York,
1898.)

Dixon's Sermons, 1899: (New York, F. L. Busey & Co.)

WILLIAM SIDNEY DREWRY. Ph.D., 1900; Professor,
University of the State of Missouri, 1900-

Slave Insurrections in Virginia, 1830-1865: (Washington, The
Neale Co. Svo. 1900.)

Histoey, Politics and Economics 51

RICHARD T. ELY. Ph.D., Heidelberg, 1879; Lecturer,
Johns Hopkins University, 1881-1882; Associate, 1882-
1887; Associate Professor, 1887-1892; Director School
of Economics, History and Public Law, and Professor,
Political Economy, University of Wisconsin, 1892-1900;
Director, School of Economics and Political Science, and
Professor of Political Economy, 1901- :

American Colleges and German Universities: (Harper's Monthly
Magazine, July, 1880.)

German Cooperative Credit-Unions: (Atlantic Monthly, Feb.,
1881.)

Street Cleaning in Berlin: (N. Y. Evening Post, April 6, 1881.)

History of the Railway System of Germany: (U. S. Executive
Document, 1880-1881, Vol. I, pp. 408-422. Washington, 1881.)

Our Common Schools: (Lippincott's Magazine, Jan., 1882.)

Administration of the City of Berlin: (The Nation, Mch. 23
and Mch. 30, 1882.)

School and Postal Savings Banks: (Our Continent, April 26 and
May 3, 1882.)

Bismarck's Plan for Insuring German Laborers: (International
Review, May, 1882.)

Money and its Functions: (Banker's Magazine, Jan., 18S3.)

The Prussian Civil Service: (Overland Monthly, May, 1883.)

French and German Socialism in Modern Times: (New York,
Harper & Bros., 1883. 16mo. pp. 274.)

The Past and Present of Political Economy: (J. H. Univ. Stu-
dies, Second Series, No. 3, 1884.)

Recent American Socialism: (J. H. Univ. Studies, 3d Series, No.

4.)
Letter on Socialism: (The Home Missionary, Oct., 18S4.)

Pullman: A Social Study: (Harper's Monthly, Feb., 1885.)

Christian Socialism in England: (The Christian Union, May 28,
June 4 and 11, 1885.)

52 Bibliography of

Baltimore and Ohio Employes' Belief Association: (Harper's
Weekly, July 4, 1885.)

Socialism: (Andover Beview, Feb., 1886.)

Socialism in America: (North American Beview, June, 1886.)

The Nature of the Bailway Problem: (Harper's Magazine, July,
1886.)

The Economic Evils in American Bailway Methods: (lb., Aug-.,
1886.)

The Beform of Bailway Abuses: (Harper's Monthly, Sept., 1886.)

Arbitration: (North American Beview, Oct., 1886.)

" Ethics and Economics " in Science Economic Discussion: (New
York, The Science Co., 1886.)

Introduction to Science Economic Discussion: (lb.)

Introduction to the Labor Problem, edited by W. E. Burns:

(New York, Harper Brothers, 1886.)
The Labor Movement in America: (New York, T. Y. Crowell &

Co., 1886. 8vo. pp. 383. 4th edition.)

Editor, Crowell's Library of Economics and Politics, 1886 — .

Political Economy in America: (North American Beview, Feb.,

1887.)
Labor Organizations: (The Forum, Mch., 1887.)

The Nature and Significance of Corporations: (Harper's
Monthly, May, 1887.)

The Growth of Corporations: (lb., June, 1887.)

The Future of Corporations: (lb., July, 1887.)

Conditions of Industrial Peace: (The Forum, Aug., 1887.)

Land Labor and Taxation: (Eeprint of six articles in The Inde-
pendent. Baltimore, Cushing & Co.)

Philanthropy: (The Chautauquan, Oct., 1888.)

Problems of To-day: (New York, T. Y. Crowell & Co., 1888.
8vo. pp. 222. Third edition.)

Taxation in American States and Cities: (lb., 1888. 8vo. pp.
544. 3d ed. Translation of same into Japanese by T. K.
Iyenaga.)

History, Politics and Economics 53

Introduction to " The History of Cooperation in the United
States: (J. H. Univ. Studies, 6th Series, 1888.)

The Principles of Political Economy in the Light of Old and
New Schools. A Japanese translation of the Past and Present
of Political Economy, by Professor Sagane, with an introduc-
tion by Professor Madagake: (Tokio, 1888.)

The Needs of the City: (Address before Boston Conference of
the Evangelical Alliance, Dec. 4, 1889. 14 pp.)

An Introduction to Political Economy: (New York, Hunt &
Eaton, 1889. 8vo. pp. 348; new edition, June, 1901.)

The Telegraph Monopoly: (North American Review, July, 1889.)

Social Studies in Europe: (Christian Union, Nov. 28, Dec. 5, 12,
19, 1889.)

Economic Internationalism: (The Chautauquan, Feb., 1890.)

The Improvement of Municipal Government: (Christian Union,
Oct. 9, 1890.)

A Program for Labor Reform: (Century Magazine, April, 1890.)

Government Ownerships of Railways: (The Independent, Aug.
28, 1890.)

Important New Social Movements in England: (Christian Union,
Nov. 6, 1890.)

Model Towns: (lb., Nov. 27, 1890.)

The Single Tax: (Christian Advocate, Dec, 1890.)

George W. Childs in his Relations to his Employees: A Chapter
in "Recollections of George W. Childs": (Philadelphia, Lip-
pincott & Co., 1890.)

The Tariff and Trusts: A chapter in "The National Revenues."
A collection of papers by American economists, edited by
Albert Shaw: (Chicago, McClurg & Co., 1890.)

Socialism: Its Nature, its Strength, and its Weakness: (The
Independent, 21 articles, Feb. 5 to July 2, 1891.)

and L. S. Merriam. Report on Social Legislation in the

United States for 1889 and 1890: (Economic Review, April,
1891.)

Social Aspects of Christianity: (New York, T. Y. Crowell &
Co., 1889. 12mo. Second enlarged edition, 1891.)

5-i BlBLIOGKAPHY OF

Pauperism in the United States: (North. American Eeview,
April, 1891.)

The Inheritance of Property: (lb., July, 1891.)

The Improvement of Municipal Government: (Christian Union,
Oct. 9, 1891.)

Introduction to Political Economy. Translated into Japanese
with notes by S. Sato: (Tokio, 1891.)

Introduction to "Work and Wages " by J. E. Thorold Eogers:
(New York, Humboldt Pub. Co., 1891.)

Suggestions on Social Topics. Series of 12 articles: (Christian
Advocate, Jan. to Dec, 1891.)

Introduction to Political Economy, with a Preface by J. K.
Ingram: (London, Swan Sonnenschein, 1891.)

Introduction to Canon Fremantle's " The World as the Subject
of Redemption ": (New York, Longmans, Green & Co., 1892.)

The Proper Aims of Schools of Economics and Politics: (The
Independent, May 19, 1892.)

Outlines of Economics: (Meadville, Pa., 1893. 12mo.)

Natural Monopolies and the Workingman: (North American
Review, Mch., 1894.)

Social Aspects of Christianity: (New York, Crowell, 1894. 12mo.)

Socialism: An Examination of its Nature, its Strength, and its
Weakness, with Suggestions for Social Eeform: (lb., 1894.
12mo.; also Swan Sonnenschein & Co., London, 1894.)

Socialism: Its Strength and Weakness [abridgment]: (Chau-
tauqua Press, Cleveland, 1899.)

Preface to translation of Paul Gohre's Three Months in a Work-
shop: (Social Science Series, 1894.)

Inleidung tot de Staathuishoudkunde. Translated by D. A. Giel:
(Amsterdam, Schelteme & Holkema, 1897.)

, with T. K. Urdahl. Progress of Socialism: (The Chau-

tauquan, 1899-1900.)

Monopolies and Trusts: (New York, 1900. 12mo. Translation
of same into Japanese by Mr. Ishikubo.)

Senior's Theory of Monopoly: (Pubs. American Economic Assoc.
Third Series, Vol. I, No. 11.)

History, Politics and Economics 55

Municipal Ownership of Natural Monopolies: (North American
Review, Mch., 1901.)

Nature and Significance of Monopolies and Trusts: (Interna-
tional Journal of Ethics, April, 1900.)

A Decade of Economic Theory: (Annals of American Academy,
Mch., 1900.)

Competition: Its Value, its Permanency, and its Beneficence.
Address as President of the American Economic Assn., Dec,
1900: (Pubs, of Am. Econ. Assoc.)

GEORGE H. EMMOTT. Lecturer, Johns Hopkins Univer-
sity, 1885-92; Professor, 1892-96; Professor Victoria
University, Liverpool, Eng, 1896-

Address at First Annual Meeting of the Lake Mohonk Confer-
ence on International Arbitration, 1895. pp. 34-42.

An Arbitration Treaty between Great Britain and the United
States: (The Arena, Aug., 1895.)

EDWARD ALLEN FAY. Ph. D., 1881; Vice-President and
Professor, Gallaudet College.

Concordance of the Divina Commedia: (Boston, Little, Brown
& Co., 1888. 8vo.)

Histories of American Schools for the Deaf: (3 vols. Svo.
Volta Bureau, Washing-ton, 1S93.)

Inquiry concerning the Eesults of Marriages of the Deaf in
America: (American Annals of the Deaf, Jan., 1896; Jan.,
1897.)

Inquiry concerning the Eesults of Marriages of the Deaf:
(Washington, Volta Bureau, 1898. 8vo. 527 pp.)

JOHN HOUSTON FINLEY. Graduate Student, 1887-1889;
Editor, Charities Aid Association, New York, 1889-
1892; President, Knox College, 1892-1899; Editor,
Harper & Brothers, 1899-1900; Professor of Politics,
Princeton University, 1900-.

Taxation in American States and Cities (with K. T. Ely) : (New
York, T. Y. Crowell & Co., 1888.)

56 BlBLIOGEAPHY OF

Social Science in Colleges (with E. T. Ely): (Christian Union,

Nov. 8, 1888.)

Editor, State Charities Eecord, Vols. I and II, 1890-1891: (New
York.)

John Brown, an Essay: (In "Winning Orations," Topeka, May,
1891.)

American Beform in the Care of the Insane: (Beview of Ee-
views, June, 1891.)

The Child Problem in Cities: (Proceedings of National Confer-
ence of Charities and Correction, 1891.)

The Moral Effect of the Present Poor Law System: (Proc. of
the Poor, State of New York, Aug., 1891.)

The Child Problem in Cities: (Beview of Beviews, Jan., 1892.)

The Hudson Bay Company; the Virginia Company: (The Chau-
tauquan, Jan., 1892.) The Holland Land Company; the Massa-
chusetts Bay Company: (lb., Feb., 1892.)

The American Charity Movements: (The Chautauquan, Sept.,
1893.)

How not to Help the Poor: (lb., Feb. and Mch., 1894.)

The Soldier and the Student: (Exercises in Commemoration of
the Birthday of Washington, Union League Club, Chicago,

1898.)

fBOBEBT JOHNSTON FINLEY. Graduate Student, 1887-
1890; Assistant Editor, Eeview of Reviews, 1890-1897;
Died June 8, 1897.

The following articles were in the New York Becord and Guide :
Electric Lighting and Municipalities: (Feb. 23, 1889.)
An Income Tax: (Mch. 2, 1889.)
The Single Tax: (Mch. 16, 1889.)

Plans for Controlling the Liquor Traffic: (Mch. 23, 1889.)
Street Bailways: (April 20, 18S9.)
Municipal Control of Gas Works: (April 27, 1889.)
Quarterly Payment of City Taxes: (May 11, 1889.)

History, Politics and Economics 57

Who shall own the Telegraph? (June 1, 1889;)

Pernicious Charity: (June 15 and Aug. 24, 1889.)

The Nationalist Movement: (June 22, 1889.)

Telephones vs. the Public: (June 13, 18S9.)

The Poll Tax: (July 20, 1889.)

Monopolies vs. Ordinary Business Pursuits: (Sept. 14, 1889.)

The Ownership of Patents: (Oct. 19, 1SS9.)

Government Ownership of Railroads: (Nov. 2, 1889.)

Inequalities of State and Local Taxation: (Nov. 30, 1889.)

Prejudice in the Treatment of State and Municipal Works:

(Dec. 21, 1889.)
A Practical Plan of Operating Street Eailways: (Dec. 28, 1889.)
Who gets the Increase? (Jan. 25, 1890.)
Need for Municipal Statistics: (Jan. 25, 1890.)
The Balance of Trade Theory: (Feb. 8, 1890.)
Progress in Municipal Control of Public Works: (Mch. 1, 1890.)
Municipal and Public Works in Europe: (Mch. 15, 1890.)
Interest of the Eich in the Welfare of the Poor: (Mch. 22,
1890.)

Municipal Gas Works of Philadelphia: (Apr. 26, 1890.)

A Phase of the Rapid Transit Problem: (May 10, 1890.)

Electric Lighting by the Local Authorities of England: (June
7, 1890.)

The Mayoralty: (July 12, 1890.)

Capital-Sharing: (Aug. 23, 1890.)

Our Patent System: (Sept. 6, 1890.)

The Western Farmer: (Oct. 4, 1890.)

False Reasoning about Railroads: (Oct. 18, 1890.)
' The Tariff on Iron and Steel: (Nov. 22, 1890.)

Western Farm Mortgages: (Nov. 22, 1890.)

Experiments in Tenement House Construction: (Nov. 29, 1890.)

The Financial Crisis and the Silver Bill of 1890: (Dec. 27, 1890.)

The Hungarian Zone Tariff System: (Jan. 17, 1891.)

An International Coin: (May 9, 1891.)

Municipal Lodging Houses: (July 18, 1891.)

Municipal Control of Street Railways (Christian Union, April 9,
1891.)

The Cartoon in Politics: (Review of Reviews, Dec, 1S95.)

58 Bibliography of

fJOHN ALONZO FISHER. Graduate Student, 1883-1887;
Died September, 1887.

A Select Bibliography of Ecclesiastical History: (In G. Stanley
Hall's Methods of Teaching History; also in separate form.
D. C. Heath & Co.)

Johns Hopkins University, ^Retrospective and Introspective:
(Journal of Education, Oct. 18, 1883.)

Cardinals: (Presbyterian Observer, Feb. 25, 1896.)

GEORGE M. FISK. Special Student, 1887-1888; A. B.,
University of Michigan, 1890; Superintendent, Michi-
gan Public Schools, 1890-1893; Ph.D., Munich, 1896;
Secretary of American Legation at Berlin, 1897-1900;
Professor of Commerce and Economics, Tome Institute,
Md., 1900-.

Die Handelspolitischen und sonstigen volkerrechtlichen Bezie-
hungen zwischen Deutschland und den Vereinigten Staaten
von Amerika: (Miinchener Volkswirtschaftliche Studien,
Band XX.)

Die Handelspolitik der Vereinigten Staaten, 1890-1900: (Verein
fur Socialpolitik, Vol. LXXXI, 1890-1900.)

NED ARDEN FLOOD. A. B., 1890; A. M., Allegheny Col-
lege, 1898; Assistant Editor of " The Chautauquan "
Magazine, 1890-1898; Superintendent of the Chau-
tauqua-Century Press, 1890-1898; Managing Editor of
the " Chautauqua Assembly Daily Herald," 1889-1898;
Lecturer on Social Economics, Allegheny College, 1895-
1898; Director of the University of Chicago Press, 1898-
1900.

William McKinley and the Presidency: (American Magazine of
Civics, April, 1896.)

Street Life in London: (The Chautauquan, Aug., 1897.)
The Evolution of the Newspaper: (The Chautauquan, May,
1899.)

The Development of Newspaper Making: (The Chautauquan,
June, 1899.)

History, Politics and Economics 59

The Beginnings of Newspaper Enterprise: (The Chautauquan,

July, 1899.)
The Modern Poster: (The Chautauquan, Sept., 1899.)

SAMUEL EAGLE FORMAL. Ph.D., 1897; Director,
Teachers' Institute in Maryland, 1898-1900; Professor,
Baltimore City College, 19 00-.

Civics in Secondary Schools: (Proceedings of the Association of
Colleges and Preparatory Schools in the Middle States and
Maryland for 1894.)

First Lessons in Civics: (New York, American Book Co., 1898.)

The Life and Writings of Thomas Jefferson: (Indianapolis:
Bowen-Merrill Co., 1900. 8vo. 476 pp.)

HERBERT FRIEDENWALD. A. B., 1890; Ph. D., Univ. of
Pa., 1894; Chief, Division of Manuscripts, Library of
Congress, 1897-1900; Corresponding Secretary, Ameri-
can Jewish Historical Society.

Journals and Papers of the Continental Congress: (Pennsyl-
vania Magazine of History and Biography for 1897; also in
Annual Report of the American Historical Association for
1896.)

Material for the History of the Jews in the British West Indies:
(Pubs. American Jewish Historical Society, No. 5, 1897.)

Some Newspaper Advertisements of the 18th Century: (lb.,
No. 6.)

The Continental Congress: (Annual Eeport of the American
Historical Association for 1894.)

The Historical Manuscripts in the Library of Congress: (lb.,
1898.)

HENRY BRAYT0N GARDNER. Fellow, 1886; Ph.D., 1890;
Instructor in Political Economy, Brown University,
1888-1890; Associate Professor, 1890-1898; Professor,
1898-.

Taxation in the United States: (American reprint of the Ency-
clopaedia Britannica.)

60 BlBLIOGKAPHY OF

Statistics of Municipal Finance: (Pubs. American Statistical
Assoc, New Series, No. 6, June, 1889.)

Statistics of Municipal Finance: (lb., No. 2, 1899.)

ELGIN KALSTON LOVELL GOULD. A. B., 1881; Fellow,
1882-1884; Instructor, 1884-1887; Ph. D., 1886; Header,
1887-1889; Lecturer, 1892-1897; Professor, University
of Chicago, 1895-1896; President, City and Suburban
Homes Co., New York, 1896-.

Modern Materialism: (New Englander and Yale Review, July,
1882.)

Local Government in Pennsylvania: (J. H. Univ. Studies, Vol. I,
No. 3, 1SS3.)

Mining Law. Abstract from " Mineral Resources of the U. S.,
Calendar Year 1886 ": (U. S. Geological Survey, Washington,

1887.)

Park Areas and Open Spaces in American and European Cities:
(Pubs. Amer. Statistical Assoc, New series, Vol. I, Nos. 2-3,
Boston, 1888.)

American Municipal Hygiene in relation to the Housing of
Labor: (Proc. of International Congress of Hygiene and
Demography. London, 1891, Vol. XII.)

The Progress of Labour Statistics in the U. S.; (Institut Inter-
national de Statistique, No. 11.)

The value of Labor Statistics and the best Methods for obtaining
and utilizing them: (Minutes of evidence taken before the
Royal Commission on Labour, 13th day, Commission room,
Westminster Hall, Dec, 1892.)

The Gothenburg System in America: (Atlantic Monthly, Oct.,
1893.)

The Social Condition of Labor: (J. H. Univ. Studies, 11th Series,
No. 1.)

The Social Condition of Labor: (The Chautauquan, June, 1893.)

European Bureaus of Labor Statistics: (Yale Review, Feb.,
1894.)

The Gothenburg System and our Liquor Traffic: (The Forum,
Mch., 1894; also in separate form, Baltimore, 1895.)

History, Politics and Economics 61

How Baltimore banished Tramps and helped the Idle: (The
Forum, June, 1894.)

The Temperance Problem — past and future: (lb., Nov., 1894.)

The Social Improvement of Industrial Labor: (Engineering
Magazine, Dec, 1894.)

Industrial Conciliation and Arbitration: (Leslie's Weekly, Dec.
28, 1894.)

The Social Condition of Labour: (Contemporary Keview, Dec,
1892.)

The Gothenburg System of Liquor Traffic: (Fifth Special Re-
port of the Commissioner of Labor, Washington, 1893.)

Popular Control of the Liquor Traffic: (Baltimore, Friedenwald
Co., 1895.)

Industrial Conciliation and Arbitration in Europe and Austral-
asia: (Yale Review, Feb., 1895.)

The Housing of the Working People: (Eighth Special Report
of the Commissioner of Labor, Washington, 1895.)

The Economics of Improved Housing: (Yale Review, May, 1896.)

Homewood — A Model Suburban Settlement: (Review of Reviews,
July, 1897.)

The Housing Problem in Great Cities: (Quarterly Journal of
Economics, May, 1900.)

The Housing Problem in Great Cities: (Municipal Affairs, Mch.,
1899.)

Civic Reform and Social Progress: (International Monthly, Mch.,
1901.)

DAVID I. GREEN. Ph.D., 1893; Superintendent, Charity
Organization Society, Hartford, 1894-.

The Cause of Interest: (Quarterly Journal of Economics, Apr.,
1891.)

Ethics and Economics: (The Sabbath Recorder, Oct. 1 and 8,
1891.)

University Extension: (The Alfred University, Feb., 1892.)

62 BlBLIOGEAPHY OF

Charities and Correction in Maryland: (Eeprinted from "Mary-
land: Its Resources, Industries and Institutions," Maryland
Book for World's Fair, Baltimore, 1893.)

Pain-cost and Opportunity-cost: (Quarterly Journal of Econ-
omics, Jan., 1894.)

Wieser's Natural Value: (Annals of the American Academy,
Jan. 15, 1895.)

The Charity Organization Movement: (Public Opinion, Feb. 20,
1896.)

Annual Reports of the Charity Organization Society of Hartford:
(Published by the Society, 1895, '96, '97, '98, '99, '00, '01.)

Value and its Measurement: (Yale Review, Feb., 1899.)

PINCKNEY LAFAYETTE GR00ME. Graduate Student,
1898-1900.

Rambles of a Southerner in Three Continents: (Greensboro,
Thomas Bros., 1891.)

Prohibition in North Carolina: (Pam., 1882.)

Editor, Missionary Register (monthly).. 4 vols. 188S-1S92.

Editor, Western Carolina Advocate (weekly), Nov. 2, 1892-Feb.
16, 1894.

Editor, North Carolina Christian Advocate (weekly), May, 1895-
July, 1896.)

JAY CLffiSAR GITGGENHEIMER. A. B., 1887; LL. B., Co-
lumbia University, 1891; Attorney at Law, New York
City.

The Development of the Executive Departments: (In " Essays
in the Constitutional History of the United States," pp. 116-
186; edited by J. F. Jameson. Houghton & Mifflin, 1S90.)

ARTHUR CLEVELAND HALL. Graduate Student, 1892-
1894; Ph.D., Columbia, 1901.

Report on Condition of some New York Schools: (Report of
Tenement House Commission.)

History, Politics a^d Economics 63

An Observer in Coxey's Camp: (The Independent, May 17,

1894.)
Review of English Blue Book on the Unemployed: (Political

Science Quarterly, June, 1895.)

European Treatment of the Liquor Problem: (The Citizen, Oct.,
1895.)

Drage's " The Unemployed ": (Political Science Quarterly, June,

1895.)
Fairhaven: (New England Magazine, Mch., 1896.)
Cuttyhunk: (lb., Sept., 1897.)

EDWARD MTJSSEY HARTWELL. Fellow, 1879; Ph.D.,
1881; M. D., Miami Medical College, 1882; Instructor
and Associate, Johns Hopkins "University, 1883-1891;
Director, Physical Training, Boston Public Schools,
1891-1897; LL. D., Amherst, 1898; Secretary, Depart-
ment of Municipal Statistics, Boston, 1897-

The Study of Human Anatomy Historically and Legally con-
sidered: (Studies from the Biological Laboratory, J. H. U.,
No. Ill, 1881.)

Physical Training in Germany: (Papers and Reports of Ameri-
can Public Health Assoc, Vol. XI, 1885.)

Physical Training in American Colleges and Universities: (U. S.
Bureau of Education, Circular of Information, No. 5, 1885.)

The Physiology of Exercise: (Boston Medical and Surgical
Journal, 1887.)

Laws and Statistics relating to Marriage and Divorce in Europe:
(Eeport of U. S. Commissioner of Labor, 1889. Appendix, pp.
981-1007.)

General Exercise: (Hayes System of Practical Therapeutics,
Vol. I, pp. 339-384, 1891; also in second edition, Vol. I, pp. 227-
277, 1901.)

Handbook of Massage: (Translated from the Swedish of Kleen.
Philadelphia, 1892.)

Preliminary Report on Anthropometry in the United States,
with Bibliography: (Quarterly Publications American Sta-
tistical Assoc, Vol. LTI, Dec, 1893.)

64 BlBLIOGKAPHT OF

Application of Laws of Physical Training to Prevention and Cure
of Stuttering: (Proc. International Congress of Education.
Columbian Exposition, 1894.)

Eeport of the Director of Physical Training, Boston Public
Schools: (School Document, City of Boston, viz.: No. 22, 1891;
No. S, 1894; in No. 4, 1895; in No. 4, 1896, and in No. 5, 1897.)

Bowditch's Law of Growth and what it Teaches: (Proc. Ameri-
can Assoc, for Advancement of Physical Education, 1896.)

Eeport on Municipal Statistical Offices in Europe: (City Docu-
ment, No. 94, Boston, May, 1897; also in Municipal Affairs,
Sept., 1897.)

Editor, American Physical Educational Eeview, Vols. I and II,
1896-1897.)

School Hygiene: What it is and why we need it: (Proc. Nat'l
Education Assoc, 37th Meeting, 1898.)

Editor, The City Eecord, Official Gazette of the City of Boston.
Published weekly from Jan. 6, 1898, to May 3, 1900, when dis-
continued.

Editor, Monthly Bulletin of the Statistics Department, City of
Boston, Vol. I, 1S99; Vol. II, 1900; Vol. Ill, 1901.

Public Baths in Europe: (Bulletin U. S. Department of Labor,
No. 11, 1897.)

Physical Training: (Chapter XII in Eeport of U. S. Commis-
sioner of Education for 1897-98, Vol. I, pp. 467-569.)

The Financial Reports of Municipalities with Special Eeference
to the Eequirement of Uniformity: (Proc. Fifth Annual Meet-
ing of National Municipal League, 1S99.)

CHARLES HOMER HASKINS. A. B., 1887; Ph. D., 1890;
Instructor, 1889-1890; Professor of European History,
University of Wisconsin, 1892-; Lecturer in History,
Harvard University, 1899-1900.

Yazoo Land Companies: (Papers of the American Historical
Association for 1891.)

Article " Rome," and various minor articles on Roman History
in Johnson's New Cyclopaedia, New York, 1895-96.

History, Politics and Economics 65

The Vatican Archives: (American Historical Review, Oct., 1896.)

Research Work in the Vatican Archives: (Catholic University-
Bulletin, April, 1897.)

The Life of Mediaeval Students as illustrated by their Letters:
(American Historical Review, Jan., 1898.)

, A. C. McLaughlin and others. Report of the Committee

of Seven on the Study of History in Schools: (New York,
Macmillan. 12mo. 1899.)

History in French Lycees: (lb., 199-209.)

GEORGE HENRY HAYNES. Ph. D., 1893; Professor, Wor-
cester Polytechnic Institute, 1893-

A Study of Strange Burial Customs: (Christian Union, Nov. 7,
1891.)

Graduate Study in the Johns Hopkins University: (Worcester
Polytechnic Institute, May 12, 1893.)

History of Representation and Suffrage in Massachusetts, 1620-
1691: (J. H. Univ. Studies, 12th Series, Nos. 8-9.)

John MacCunn's Ethics of Citizenship: (Annals of the American
Academy, Nov., 1894.)

C. F. Adams' Massachusetts: Its History and its Historians:
(lb., Mch., 1894.)

John Fiske's Discovery of America: (lb., Sept., 1S94.)

The Historical Pilgrimage: (The Outlook, Aug. 18, 1894.)

Justin Winsor's Cartier to Frontenac: (Annals of the American
Academy, Mch., 1895.)

John T. Codman's Brook Farm: Historical and Personal Mem-
oirs: (lb., May, 1895.)

Emma Brace: The Life of Charles Loring Brace: (lb., July,
1895.)

Frederic Harrison: The Meaning of History: (lb., Sept., 1895.)

B. E. Warner: English History in Shakespeare's Plays: (lb.
Nov., 1895.)

Justin Winsor: The Mississippi Basin: (lb., Mch., 1896.)

66 Bibliography of

A Chapter from the Local History of Know-Nothingism : (New
England Magazine, Sept., 1896.)

Samuel B. Harding: The Contest over the Ratification of the
Federal Constitution in Massachusetts: (lb., Mch., 1897.)

Godkin's Problems of Modern Democracy: (lb., May, 1897.)

Historical Address at the Dedication of the Joshua Hyde Li-
brary, Sturbridge, Mass., July 22, 1897.

A Know-Nothing Legislature: (Annual Report of the American
Historical Association for 1896; also in New England Magazine,
Mch., 1897.)

The Causes of Know-Nothing Success in Massachusetts: (Ame-
rican Historical Review, Oct., 1897.)

Educational Qualifications for the Suffrage in the United States:
(Political Science Quarterly, Sept., 1898.)

A. B. Hart's American History as told by Contemporaries. Vols.
I and II. (Annals of the American Academy, Jan. and Sept.,
1898.)

Representation in State Legislattires. Including- a comparative
study of the Legislatures of 1899: (lb., Mch., 1900; also printed
separately.)

JOHN HAYNES. Ph.D., 1895; Instructor, Norwich Free
Academy, 1895-1898; Junior Master, Boston Latin
School, 1898-.

The Merging of National and State Politics: (Yale Law Journal,
Mch., 1893.)

Popular Election of United States Senators: (Notes Supple-
mentary to J. H. Univ. Studies, No. 2, 1893.)

Shaw's Municipal Government in Great Britain: (Baltimore
Journal of Commerce, Feb. 23, 1895.)

Risk as an Economic Factor: (Quarterly Journal of Economics,
July, 1895.)

A Cure for the Gerrymander: (American Magazine of Civics,
Aug., 1895.)

Ingram's History of Slavery and Serfdom: (Annals of American
Academy, Jan., 1896.)

History, Politics and Economics 67

Currency of the United States: (The Congregationalist, Oct. 15,
1896.)

Economics in Secondary Schools: (Education, Feb., 1S97.)

and others. Eeport of the Committee of the New Eng-
land History Teachers' Association on Courses of Study:
(Annual Register X. E. History Teachers' Assoc, 1S99.)

CHARLES DOWNER HAZEN. Ph.D., 1893; Professor,
Smith College, 1894- :

The French Revolution as seen by the Americans of the Eigh-
teenth Century: (Report of the American Historical Associa-
tion for 1S95.)

Translation of Borgeaud's Etablissement et Revision des Con-
stitutions en Europe et Amerique: (New York, Macmillan,
1895.)

Contemporary American Opinion of the French Revolution:
(J. H. Univ. Studies, Extra Volume XVI.)

FRANK IRVING HERRIOTT. Ph.D., 1893; Professor,
Iowa College.

The Pulpit and Social Problems: (Homiletic Review, Aug. and
Sept., 1892.)

Sir William Temple on the Origin and Nature of Government:
(Annals of the American Academy, Sept., 1892.)

Editor, University Extension Magazine, Philadelphia, from Sept.,
1893, to Dec, 1894.

Editor, University Extension Bulletin, Philadelphia, from Oct.,
1893, to Dec, 1894.

Henry George vs. Herbert Spencer: A Perplexed Philosopher and
Social Statics, and Man vs. the State: (Annals of the Ameri-
can Academy, Mch., 1893.)

The Logical Content of the Terms Labor and Capital: (J. H.
Univ. Circulars, May, 1893.)

Technical Education in England: (University Extension Maga-
zine, Oct., 1893.)

Herbert Spencer's Principles of Ethics: (Annals of the Ameri-
can Academy, Nov., 1893.)

68 BlBLIOGEAPHT OF

Kitchie's Darwin and Hegel: (lb., Mch., 1894.)

A Summer Meeting of Economists: (The Congregationalist,
July 27, 1894.)

Goldwin Smith's Essays on Questions of the Day, Political and
Social. George William Curtis' Orations and Addresses: (An-
nals of the American Academy, Sept., 1894.)

University Extension and Social Improvement: (The Prospect
Union Review, Cambridge, Mass., Nov. 14, 1894.)

William Henry Hudson's Introduction to the Philosophy of Her-
bert Spencer: (Annals of the American Academy, Jan., 1895.)

Edward Carey's Life of George William Curtis: (lb., Sept., 1895.)

The Writings of Thomas Paine: (lb., Nov., 1895.)

W. A. Shaw's History of Currency, 1252-1894: (lb., Jan., 1896.)

Damaging Facts against Bimetallism: (Eeview of Eeviews, Feb.,
1896.)

Woods et al: The Poor of Great Cities: (Annals of the Ameri-
can Academy, Mch., 1896.)

The Need of Public Libraries: (The Midland Monthly, Des
Moines, April, 1896.)

W. W. Willoughby's The Nature of the State: (The Citizen,
Aug., 1896.)

F. H. Giddings' Principles of Sociology: (lb., Sept., 1896.)

Our City Officials: What are they for — To execute or ignore law:
(The Stuart News, Stuart, Iowa, Sept. 18, 1896.)

An Analysis of Bryanism: (Iowa State Register, Des Moines,
Oct. 11, 1896.)

An Iowa Scholar and his Work: (Des Moines Leader, Jan. 31,
1897.)

Studies in Iowa Finance and Taxation: (Iowa State Register,
Feb. 12, 19, 21, 29 and March 7, 1897.)

John Morley's Life of Richard Cobden: (x\nnals of the American
Academy, Mch., 1897.)

The Work and Fruitage of Fifty Years — Iowa College: (Des
Moines Leader, May 2, 1897.)

History, Politics and Economics 69

Some Needed State Keforms: (lb., May 29, 1897.)

An Unjust and Inefficient Revenue Law: (lb., June 4, 1897.)

Iowa's Expensive System of Land Titles: (lb., June 6, 1897.)

A Spoil of Office: (lb., July 2, 1897.)

The Whole Truth about Governor Boies and State Finances:
(lb., July 13, 1897.)

The Machine in Iowa: (New York Evening Post, Nov. 9, 1897.)

Organized Public Relief: Its Practical Objects and Methods:
(Proc. First Iowa State Conference of Charities and Correc-
tion, 1898.)

Iowa's Treasury Deficit in the Light of the Constitutional De-
bates: (The Annals of Iowa, Des Moines, Jan., 1899.)

The Stevens Facsimiles: (The Iowa Daily Capitol, Des Moines,
Feb. 11, 1899.)

The Taxation of Foreign Insurance Companies: (N. Y. Evening
Post, Feb. 7, 1899; Iowa State Register, Feb. 11, 1899.)

Iowa's Bureau of Labor Statistics: (Des Moines Leader, Nov.
25, 1899.)

McKinley's Backward Step: (N. Y. Evening Post, Jan. 1, 1900.)

Politics in Iowa: (lb., June 1, 1900.)

The Problem of Convict Labor: (Bulletin of Iowa Institutions,
Des Moines, July, 1900.)

Usury in Early Iowa Legislation: (Annals of Iowa, Des Moines,
Jan., 1901.)

SAMUEL RIVERS HENDREN. Ph. D., 1895.

Government and Religion of the Virginia Indians: (J. H. Univ.
Studies, 13th Series, Nos. 11-12.)

HORACE G. H0ADLEY. Graduate Student, 1890-1891.

A Method of Organizing the Home Department of the Sunday
School: (Sunday School Times, Phila., June 22, 18S9.)

A Method of Conducting the Home Department of the Sunday
School: (lb., June 29, 1889.)

70 BlBLIOGEAPHY OF

The Home Department of the Sunday School and Town Evan-
gelization: (The Golden Rule, Boston, Aug'. 29, 1889.)

The Home Departments of Connecticut: (The Pilgrim Teacher,
Boston, Feb. and Apr., 1890.)

Home Classes. (Annual Eeport N. Y. State Sunday School Assoc,
Syracuse, 1890.)

Lessons from Industrial and Social Life: (Our Country Church,
Buckland, Mass., Apr. 18 and 29, May 6, 1891.)

The Basis of Division in Profit Sharing: (Employer and Em-
ployed, Boston, April, 1893.)

WILLIAM PENN HOLCOMB. Ph.D., 1886; Professor,
Swarthmore College, 1886-1894; Charleston, N. H.

Pennsylvania Boroughs: (J. H. Univ. Studies, 4th Series, No. 4.)

The Place of History in a College Course: (Proc. of Second An-
nual Convention of the College Association of Pennsylvania.
Phila., 1888.)

JACOB H. HOLLANDER. A. B., 1891; Fellow, 1893; Ph. D.,
1894; Instructor and Associate, 1894-1899; Associate
Professor, 1900-; Treasurer of Porto Eico, 1900-01.

Growth of a Museum: Johns Hopkins University: (Baltimore
American, Feb. 2, 1891.)

Public Gas Works in the United States: (The Independent, Jan.
21, 1892.)

Sketch of the City of Baltimore: (In " Guide to Baltimore with
an Account of the Geology of its Environs," pp. 1-6.)

A Guide to the City of Baltimore: (Baltimore, John Murphy,
1893.)

Some Unpublished Material relating to Dr. Jacob Lumbrozo, of
Maryland: (Pubs. American Jewish Historical Society, No. 1,
1893.)

Chapters on the Industries and Institutions of Maryland: (Re-
printed from " Maryland: Its Resources, Industries and Insti-
tutions " in Maryland Book for the World's Fair, 1893.)

History, Politics and Economics 71

The Cincinnati Southern Railway: A Study in Municipal Activity:
(J. H. Univ Studies, 12th Series, Nos. 1-2.)

A Memorial of Lucius S. Merriam: (J. H. Univ. Studies, lb.)

Clark's Use of " Rent " and " Profits ": (American Academy of
Political and Social Science, Nov., 1894.)

The Concept of Marginal Rent: (Quarterly Journal of Econ-
omics, Jan., 1895.)

The Civil Status of the Jews in Maryland, 1634-1776: (Pubs, of
American Jewish Historical Society, 1894.)

A Sketch of Haym Salomon. From an unpublished MS. in the
papers of Jared Sparks. Contributed by H. B. Adams. With
introduction, notes, and bibliography: (lb.)

Letters of David Ricardo to John Ramsay McCulloch: (Ameri-
can Economic Assoc, Vol. X, Nos. 5-6.)

Reviews: Hake and Wesslau's " The Coming Individualism ";
Bergmann's " Geschichte d. Natlonaloekon. Krisentheorieen ";
Adam Smith and James Anderson: (Annals of American
Academy, 1896.)

Report of Ninth Annual Meeting of the American Economic
Association: (The Nation, Jan. 7, 1897.)

Some Unpublished Letters of David Ricardo: (Quarterly Journal
of Economics, Jan., 1896.)

Baltimore. Account of the Political Upheaval in 1895: (Annals
of American Academy, May, 1896.)

Review of Staatswissenschaftliche Arbeiten: Festgaben fur
Karl Knies zur Fiinfundsiebzigsten Wiederkehr seines Ge-
burtstages: (Political Science Quarterly, Dec, 1896.)

Adam Smith's " Lectures on Justice, Police, Revenue, and
Arms ": (The Nation, Dec. 3, 1896.)

The New Charity: (Jewish Comment, May 8, 1896.)

Higg's " Physiocrats ": (The Nation, May 13, 1897.)

Hadley's " Economics ": (Annals of American Academy, May,
1897.)

Henry George's " Science of Political Economy ": (lb., Nov.,

1898.)

72 BlBLIOGEAPHT OF

Letters of Malthus to Macvey Napier: (Economic Journal, June,
1897.)

Naturalization of Jews in the American Colonies under the Act
of 1740: (Pubs. Jewish Historical Society, No. 5, 1896.)

Documents relating to the Attempted Departure of the Jews
from Surinam in 1675: (lb., No. 6, 1897.)

Agricultural Depression in England: (Yale Review, Feb., 1898.)

A New Charter for Baltimore City: (The Nation, Mch. 17, 1898;
reprinted in Baltimore News, Mch. 19, 1898.)

Jottings from a Note-book: (J. H. U. News-Letter, Mch. 23,

1898.)
Durand's "Finances of New York City": (The Critic, 1898.)

The India Currency Proposals: (Quarterly Journal of Econ-
omics, Oct., 1898.)

A Study of Trade Unionism: (Political Science Quarterly, Dec,

1898.)
The Debt of Baltimore City: (Baltimore Sun, Oct. 3 and Nov. 4,

1898.)
Municipal Franchises: (lb., Dec. 16, 1898; Baltimore Evening

News, Feb. 8, 1899.)

David Ames Wells, 1827-1898. Keport of a Memorial Meeting of
the Economic Conference, Nov. 22, 1898: (J. H. Univ. Circu-
lars, Jan., 1899.)

Trades-unions: (Baltimore Sun, Feb. 23, 1899; reprinted in
Monthly Register, Phila., Apr., 1899.)

The Economic Association at New Haven, Conn.: (The Nation,
Jan. 5, 1899.)

Higher Educational Opportunities of Baltimore: (Southern
Farm Magazine, Mch., 1899.)

An Academic Discussion of Expansion: (The Nation, Apr. 20,
1899.)

The Financial History of Baltimore: (J. H. Univ. Studies, Extra
Vol. XX.)

European Letters to the Baltimore Sun, July-Sept., 1899.

Editor, Studies in Taxation: (J. H. Univ. Studies, 18th Series,
Nos. 1-4.)

Histohy, Politics and Economics 73

CHARLES MORRIS HOWARD. A.B., 1884; LL. B., Uni-
versity of Md., 1SS8; Attorney at Law, Baltimore.

The Oyster Question: (Baltimore Daily Record, Oct. 29, 1890.)

A Scandal in the. 0}rster Navy: (Civil Service Reformer, Jan.,
1891.)

Who Will Pay the Fines? (lb., Feb., 1S91.)

Senator Gorman has been nominated for the Presidency: (lb.,
May, 1891.)

The Constitutional Right of the State of Maryland to sell or
lease its Oyster Beds: (Baltimore Daily Record, June 11, 1891.)

Governor Brown's Appointments: (Civil Service Reformer, Mch.,
1892.)

The Recent Revolt in Baltimore: Its Results and Lessons: (Pro-
ceedings Third Nat'l Conference for Good City Government,
May, 1896.)

FREDERIC CLEMSON HOWE. Ph. D., 1892; Attorney at
Law, Cleveland; Professor of Corporation Law, Cleve-
land Law School, 1898-.

Imperial Germany: (American Journal of Politics, Jan., 1893.)

Two Decades of Penological Progress: (Christian Union, Jan.
14, 1893.)

Taxation in Pennsylvania: (Pittsburgh Dispatch, May 25-July
2, 1893. 6 articles.)

Federal Revenues and the Income Tax: (Annals of American
Academy, Jan., 1894.)

Taxation and Taxes in the United States under the Internal
Revenue System, 1791-1895: (New York, T. Y. Crowell, 1896.
12mo.)

The City of Cleveland in Relation to the Street Railway Ques-
tion: (Bulletin of the Municipal Assoc, of Cleveland, Ohio,
1897.)

The Brecksville Road Improvement: (lb., 1898.)

74 Bibliography of

Taxation of Quasi-Public Corporations in the State of Ohio and
the Franchise Tax: (Annals of American Academy, Aug. 22,

1S99.)

Some Possible Reforms in State and Local Taxation: (American
Law Review, Sept.-Oct., 1899.)

The Great Empire by the Lakes: (The World's Work, Feb., 1901.)

Taxation of Quasi-Public Corporations: (Proc. American Econ-
omic Assoc, 1901.) ,

REV. SHIRLEY CARTER HUGHSON. Graduate Student,
1892-1893.

Some Famous Pirates: (N. Y. Evening Post, July, 2, 1892.)

The Piratical Era: (lb., Sept. 3, 1892.)

Early Piracy and Colonial Commerce: (Sewanee Eeview, Nov.,
1892.)

Old Pirate Bays: (N. Y. Evening Post, Nov. 12, 1892.)

Select Letters of Percy Bysshe Shelley. A. C. McClurg & Co.,
Chicago. 12mo. 1892.

Early Indian Education in Virginia: (The Sewanee Review,
Jan. 7, 1893.)

Piepowder Courts: (lb., Jan. 28, 1893.)

The Beath Struggles of Colonial Piracy: (lb., Feb., 1893.)

Carolina Slave Law: (N. Y. Evening Post, Mch. 18, 25, Apr. 8,
1893.)

South Carolina's Revolutionary Grievances: (lb., Sept. 19, 1893.)

Carolina Pirates and Colonial Commerce, 1670-1740: (J. H. Univ.
Studies, 12th Series, Nos. 5-7.)

The Bispensary Liquor Law of South Carolina: (To-Bay, Jan.,
1894.)

The Feudal Laws of Carolina: (The Sewanee Review, Vol. II,

No. 4.)

A History of the Torpedo Operations in Charleston Harbour,
1861-1863: (The News and Courier Co., Charleston, 1898.)

The Way of the Cross in Type and Prophecy: (The Holy Cross
Magazine, Feb., March and April, 1900.)

History, Politics and Economics 75

" The Corn of Heaven ": (lb., June, 1900.)
The Church in France: (lb., Nov., 1900.)
Catholic Piety in Germany: (lb., Dec, 1900.)
The Church in Italy: (lb., Jan., 1901.)
The Genius of the Negro: (lb., March, 1901.)

WILLIAM ISAAC HULL. A. B., 1889; Ph. D., 1892; Pro-
fessor, Swarthmore College, 1892-.

Necessity of Total Abstinence: (Address before Baltimore First
Day School, Jan. 12, 1890.)

Maryland, Independence, and the Confederation: (Md. Hist.
Soc. Fund Pub. No. 31.)

and W. H. Tolman. Bibliography of Selected Socio-
logical Beferences, prepared for the City Vigilance League,
New York City: (New York, 1893.)

and W. H. Tolman. Handbook of Sociological Informa-

tion: (New York, 1894.)

Summer Work among the New York Poor: (Friends' Intel-
ligencer and Journal, Sept., 1896.)

Some Neglected Factors in Temperance Beform: (Swarthmore,
1896.)

A Suburban Union for Social Service: (The Altruist Inter-
change, April, 1897.)

The Children of the Other Half: (The Arena, June, 1S97.)

The George Junior Bepublic: (Annals of the American Acad-
emy, July, 1897.)

ROCKWELL DENNIS HUNT. Ph. D., 1895; Professor, Uni-
versity of the Pacific, 1895-.

The Genesis of California's First Constitution, 1846-1S49: (J. H.
Univ. Studies, 13th Series, No. 8.)

California's Naine: The True Etymology of the Name: (Sacra-
mento Daily Becord-Union, Mch. 24; Sacramento Weekly
Becord Union, Mch. 30, 1894.)

76 BlBLIOGKAPHY OF

History and Economics: (Workaday World, Dec, 1896.)

The Youth of Washington: (lb., Jan.-Feb., 1897.)

Province of Elocution in Oratory: (Proc. Nat'l Assoc, of Elocu-
tionists, 1893; Workaday World, April, 1897.)

Christ as a Social Reformer: (California Christian Advocate,
April 28 and May 5, 1897.)

General John Indwell's Trip across the Plains in 1841: (San
Francisco Call, Jan. 23, 1898.)

The Legal Status of California, 1846-1849: (Annals of the Amer-
ican Academy, Jan. 10, 1899.)

Eomance of History: (San Jose Mercury, Dec. 23, 1899.)

The Birth of a Free State: (San Francisco Chronicle, Sept. 3,
1899.)

John Bidwell, California: (San Francisco Examiner, Oct. 15,
1899.)

Just Fifty Years Ago: (San Jose Herald, Oct. 14, 1899.)

How California came to be admitted: (San Francisco Chronicle,
Sept. 9, 1900.)

Birth of the Commonwealth of California: (Introductory chap-
ter of Oscar T. Shuck's History of the Bench and Bar of Cali-
fornia, 1901.)

Some Thoughts on Social Ideals: (California Christian Advo-
cate, April 11 and 18, 1900.)

President Gilman and Johns Hopkins University: (Workaday
World, Feb., 1900.)

EDWARD INGLE. A. B., 1882; Journalist, Baltimore.

D. C. Gilman's " James Monroe ": (The Day, Baltimore, Feb. 28,
1883.)

Parish Institutions of Maryland: (J. H. Univ. Studies, 1st Series,
No. 6; also in Magazine of American History, April, 18S3.)

A Virginia Witch: (lb., Nov., 1883.)

The Parish in Virginia: (American Eepository of History,
Phila., May, 1884.)

History, Politics and Economics 77

Captain Richard Ingle, the Maryland " Pirate and Rebel "■: (Pea-
body Fund Publications, Maryland Historical Society, Balti-
more, 1884.)

Colonial County Government in Virginia: (Magazine of Ameri-
can History, Dec, 1884.)

The English Parish in America: (The Church Cyclopaedia, New
York, Mallory, 1884.)

Virginia Local Institutions: J. H. Univ. Studies, 3d Series, Nos.
2-3, 1885.)

A Baltimore Poetess: Review of writings of Lizette Woodworth
Reese: (Baltimore Sun, Sept. 21, 1886.)

Governor Spotswood's Horseshoe Campaign 1716, as related to
the Romance of Cathay: (Magazine of American History,
April, 1887.)

The Historic Basis of the Title of the Protestant Episcopal
Church: (Southern Churchman, Richmond, Va., Mch., 1887;
in pamphlet form, Baltimore, June, 1887.)

Some Features of the Conventions of the Eighteenth Century:
(Virginia Seminary Magazine, Alexandria, June, 1888.)

The Lambert Conference and Reunion: (lb., Jan., 1889.)

C. A. Briggs' " Whither? " (Baltimore Sun, Oct. 5, 1889.)

Growth of Evotomania in Literature: (The Times, Richmond,
Va., Aug. 24, 1890.)

A Southern Magazine: (Richmond Dispatch, Jan. 11, 1891.)

The Centre of Culture. A study of Washington as a basis for
the National University: (Washington Post, April 19, 1891.)

Amelie Rives' Charm: A Study of Outdoor Influence upon her
Writing: (Washington Post, May 5, 1891.)

Change from Dialect: Study of the Writings of Thomas Nelson
Page: (lb., Oct. 29, 1891.)

A Paradox of Cooperation: (Southern Magazine, Mch., 1894.)

Poe as a Critic: (Richmond Dispatch, Oct. 27, 1895.)

Literary Messenger. The Leading magazine of Dixie before the
War: (Richmond Times, Nov. 3, 1895.)

Southern Sidelights: (New York, Crowell, 1896.)

78 BlBLIOGKAPHY OF

Two Southern Magazines: (Pubs. Southern History Association,
Jan., 1897.)

Village Improvement: (Manufacturers' Eecord, April 30, 1897.)

In Search of Eaw Material: Cotton as a Basis of the Industrial
and Commercial Future of the South: (lb., Dec. 10, 1897.)

Movement of the South's Population, 1880-1890: (lb., Mch. 25,
1898.)

In the Maze of the Marvels that befell Belenor: (Baltimore,
1898.)

Restrictions upon History: (Southern Farm Magazine, April,
1898.)

The Negro in the District of Columbia: (J. H. Univ. Studies,
11th Series, Nos. 3-4.)

Maryland's Greatest Politician: Cecilius Calvert's Career as an
index to the History of the Palatinate: (Pubs. Southern His-
tory Assoc, July, 1898.)

Fiske's School History: (Southern Farm Magazine, Mch., 1899.)

Baltimore's Interest in the South: (lb.)

The Negro Problem: (lb., June, 1899.)

History and Hysteria: (lb., July, 1899.)

Humor: British and American. An eternal debate: (lb., Aug.,
1899.)

The American Atmosphere: (lb., Oct. and Nov., 1899.)

America, China, England: (Manufacturers' Record, Nov. 16, 1899.)

The Lusty South: Virginia as a Manufacturer: (Manufacturers'
Eecord, Dec. 14, 1899.)

The Business of Politics: (lb., Aug. 2); The Men behind the
Machines: (Aug. 9); The Growth of Cities: (Oct. 18); The South's
Population: (Nov. 15); To remove a Curse: (Nov. 22); Cotton
Mills as Missionaries for the South: (Dec. 13, 1900); Why the
South is Optimistic: (Dec. 27); A Century of American Diplo-
macy: (Dec. 27); Politics for Business: (Jan. 10, 1901); High
Point Furniture: (Jan. 31).

The South with the Hoe: (Southern Farm Magazine, Mch.,
1900.)

History, Politics and Economics 79

A Paradox of Progress: (lb., July, 1900.)

Democracy: Its Denials: (lb., Sept., 1900.)

Side Lights upon the South's Labor Problem: (lb., Nov., 1900.)

Topsy-Turvy History: (lb., Dec, 1900.)

Mr. Madison Explained: (Jan., 1901.)

T0Y0KICHI IYENAGA. Ph. D., 1890.

Two Modes of Civilization. First honor oration at Oberlin Col-
lege oratorical contest, Jan. 25, 18S7: (Oberlin, 1887.)

Constitutional Development of Japan, 1853-1881: (J. H. Univ.
Studies, 9th Series, No. 9.)

The Constitution of the Empire of Japan: (Baltimore, 1889.)

BARTLETT BURLEIGH JAMES. Ph. D., 1897; Clergyman,
Baltimore.

The Law of Diminishing Keturns and Ecclesiastical Develop-
ment: (The Methodist Protestant, Baltimore, Jan. 15, 1896.)

The Labadist Colony in Maryland: (Vol. VIII, American Society
of Church History, 1897; J. H. Univ. Studies, 17th Series, No. 6.)

Which Way? (Methodist Protestant, Dec. 1, 1897.)

JAMES ALTON JAMES. Fellow, 1892; Ph. D., 1893; Pro-
fessor, Cornell College, 1893-1897; Professor, North-
western University, 1897-

Graduate Students' Association: (J. H. Univ. Circulars, Feb.,
1892.)

Hart's Epoch Maps in American History: (Educational Eeview,
April, 1892.)

Indian Factory System: (National Magazine of American His-
tory, May, 1892.)

Morse's Abraham Lincoln: (Annals of American Academy, May,
1894.)

English Institutions and the American Indian: (J. H. Univ.
Studies, 12th Series, No. 10.)

80 BlBLIOGEAPHT OF

Beginning of University Extension in Iowa: (University Exten-
sion, Nov., 1894.)

Can there be too many College Graduates? (Proc. Iowa State
Teachers Assoc., 1895.)

Hart's Studies in American Education: (Annals of American
Academy, Nov., 1895.)

Ferguson's Essays in American History: (lb.)

Cornell College: (Methodist General Conference Daily, Cleve-
land, 1896.)

National Politics and the Admission of Iowa into the Union:
(Annual Report of the American Historical Association for
1897.)

Cooperation of Faculty and Students in Christian Work: (Proc.
of Biennial Session of the International Y. M. C. A., 1899.)

A Uniform System of Accrediting High Schools in Illinois:
(Proc. 111. State Teachers Assoc, 1900.)

Constitution and Admission of Iowa into the Union: (J. H. Univ.
Studies, 18th Series, No. 7.)

JOHN FKANKLIN JAMESON. Fellow, 1881; Ph. D., 1882;
Assistant and Associate, 1882-1888; Lecturer, 1890-
1891; Professor, Brown University, 1888-1901; Pro-
fessor, University of Chicago, 1901-

Origin and Development of the Municipal Government of New
York City. 1. Dutch Period; II. English and American Period:
(Magazine of American History, May and Sept., 1882.)

Bibliography of James Monroe: (In D. C. Gilman's " Monroe ":
Boston, Houghton, Mifflin & Co., 1883.)

Montauk and the Common Lands of Easthampton, Long Island:
(Magazine of American History, April, 1883.)

Records of the Town of Amherst, 1735-1788: (Amherst, J. E.
Williams, 1884.)

Introduction to the Constitutional and Political History of the
States: (J. H. Univ. Studies, 4th Series, No. 5.)

Willem Usselinx, Founder of the Dutch and Swedish West India
Companies: (Papers of the American Historical Association,
Vol. II, 1888.)

History, Politics axd Economics 81

Editor, Essays in the Constitutional History of the United States
in the Formative Period, 1775-1789: (Boston, Houghton, Mifflin
& Co., 1SS9.)

The Old Federal Court of Appeal: (Papers of the American His-
torical Association, Vol. III.)

James Bryce's American Commonwealth: (Juridical Review,
April, 1889.)

The Development of Modern European Historiography: (Atlan-
tic Monthly, Sept., 1890.)

Did the Fathers Vote? (New England Magazine, Jan., 1890.)

Lowell and Public Affairs: (Review of Reviews, Oct., 1891.)

Two Virginians: (Atlantic Monthly, Sept., 1892.)

The Dutch Influence in America: (lb., Nov., 1892.)

The History of Historical Writing in America: (Boston, Hough-
ton, Mifflin & Co. 12mo. 1891.)

The Expenditures by Foreign Governments in Behalf of History:
(Annual Report of the American Historical Association for
1891.)

Greek History and the Constitution of the United States: (The
Chautauquan, June, 1893.)

Origin of Standing Committees: (Political Science Quarterly,
June, 1894.)

Dictionary of United States History, 1492-1894: (Boston, 1894.)

The Functions of State and Local Historical Societies with re-
spect to Research and Publication: (Annual Report of the
American Historical Association for 1897.)

Editor, Papers from the Historical Seminary, Brown Univer-
sity, 1894-1901.

First, Second, Third and Fourth Reports of the Historical Manu-
scripts Commission: (Annual Reports of the American His-
torical Association for 1896, '97, '98, '99.)

President Andrews and the Situation at Brown University:

(Review of Reviews, Sept., 1897.)
The Early Political Uses of the Word Convention: (Proe. of

American Antiquarian Society, Oct. 21, 1897, Vol. XII, New

Series, Part I. Also in American Historical Review, April,

1898.)

82 Bibliography of

Correspondence of John C. Calhoun: (Fourth Report of the
Historical Manuscripts Commission, 1899.)

EMORY R. JOHNSON. Graduate Student, 1890-1891;
Ph.D., University of Pennsylvania, 1893; Assistant
Professor, Transportation and Commerce, University of
Pennsylvania, 1896; Expert Agent on Transportation,
Industrial Commission, May-December, 1899; Member
Isthmian Canal Commission since June, 1899; Associate
Editor of the Annals of the American Academy.

The River and Harbor Bill: (Annals of American Academy,
1892.)

Inland Waterways: Their Relation to Transportation: (Supple-
ment of Annals of American Academy, Sept., 1893. 164 pp.)

Inland Waterways and the Development of the Northwest: (Re-
view of Reviews, 1893.)

The Relation of Taxation to Monopolies: (lb., 1894.)

The Industrial Services of the Railways: (lb., 1895.)

The Nicaragua Canal and the Economic Development of the
United States: (lb.)

The Nicaragua Canal and the Commercial Interests of the
United States: (lb., 1898.)

Monopoly and Railway Management: (The Independent, 1897.)

The Nicaragua Canal. (Two papers: lb., 1899.)

Railway Relief Departments: (U. S. Department of Labor, Bul-
letin No. 8.)

Brotherhood Relief and Insurance of Railway Employees: (lb.,
Bulletin No. 17.)

The Early History of the United States Consular Service, 1776-
1792: (Political Science Quarterly, 1897.)

Government Regulation of Railways: (lb., 1900.)

Commercial Progress of the Nineteenth Century: (Philadelphia,
1899.)

History, Politics and Economics 83

JOHN HEMSLEY JOHNSON. A. B., 1881; Instructor Mc-
Donogh School, 1881-1886; Attorney at Law, Baltimore.

Rudimentary Society among Boys: (Overland Monthly, Oct.,
1883; J. H. Univ. Studies, 2d Series, No. 11.)

Old Maryland Manors: (J. H. Univ. Studies, 1st Series, No. 7.)

CHARLES EDGEWORTH JONES. Graduate Student, 1885-
1887; Attorney at Law, Augusta, Ga., 1888-

Col. Charles C. Jones, Jr., Historian, BiogTapher, and Archae-
ologist: (New York, J. B. Alden, 1889.)

University of Georgia Commemoration Ode, 1785-1885: (Augusta,
1889.)

Education in Georgia: (U. S. Bureau of Education, Washington,
1889.)

Sketches of Charles Gayarre and Joseph Jones, M. D.: (Atlanta
" Dixie," 1889 and 1890.)

Supreme Court of Georgia: (N. Y. Medico-Legal Journal, 1891.)

Political and Judicial Divisions of the Commonwealth of Georgia:
(Atlanta, J. P. Harrison, 1892.)

Col. Charles C. Jones. In Memoriam: (Augusta, 1893.)

Address at 17th Annual Reunion of Confederate Survivors' Assoc,
of Augusta, Ga., April 26, 1895: (Augusta, 1895.)

Report of 19th Annual Reunion of Confederate Survivors' Assoc,
of Ga., Apr. 26, 1897: (Augusta, 1897.)

FREDERICK ROBERTSON JONES. Ph.D., 1896; In-
structor, Western Maryland College, 1896-1897; In-
structor, Union College, 1897-1899; Assistant Professor,
Union College, 1899-.

The Johns Hopkins University: (Western Maryland College
Monthly, May, 1894.)

The Study of History: (Western Maryland College Monthly,
Dec, 1896.)

84 Bibliography of

History of Taxation in Connecticut, 1636-1776: (J. H. Univ. Stu-
dies, 14th Series, No. 8.)

An Oxford Summer Meeting-: (Keport of the U. S. Commissioner
of Education for 1897-98, Vol. I.)

Memories of Oxford: (The Parthenon, Union College, Schenec-
tady, April, 1898.)

The True University Settlement Idea: (lb., April, 1899.)

The Schenectady Sociological Problem: (The Daily Union, Apr.
26, 27, 28, 29, 1899.)

Maryland Biographical Notes: (Baltimore Sun, Aug. 8, 14, Sept.
2, 1899.)

Minimum College Entrance in History: (The Concordiensis,
Union College, Jan. 24, 1900.)

Concerning Sociology: (lb., Feb. 21, 1900.)

Unscientific Science: (lb., Jan. 10, 1901.)

PERCY LEWIS KAYE. Ph.D., 1898; Instructor, Iowa
University, 1898-1900; Acting Professor, Coe College,
Cedar Eapids, la., 1900-1901.

The Colonial Executive prior to the Restoration: (J. H. Univ.
Studies, 18th Series, Nos. 5-6.)

DAVID KINLEY. Graduate Student, 1890-1892; Ph.D.,
University of Wisconsin, 1893; Assistant Professor of
Economics, University of Illinois, 1893-1894; Professor
and Dean of College of Literature and Arts, University
of Illinois, 1894-.

Methods: Subjective and Objective: (Academy, Sept., 1888.)

Political Economy and Social Reform: (The Brotherhood, Bos-
ton, Feb., 1891.)

Recent Progress of Profit-sharing Abroad: (Quarterly Journal
of Economics, July, 1891.)

Influence on Business of the Independent Treasury: (Annals
of the American Academy, Sept., 1892.)

History, Politics and Economics 85

The Direction of Social Eeform: (Transactions of the Wisconsin
Academy of Sciences, Arts and Letters, Vol. IX.)

Use of National Banks in Governmental Financial Operations:
(The Madison Times, Dec. 1, 1S92.)

The Ethical Justification of Labor Legislation: (Bulletin of the
Christian Social Union in the U. S. and Canada. Madison,
Mch., 1893.)

Evidences of Currency Inflation: (The Nation, April 6, 1893.)

Relation of Church and Social Reform: (Bibliotheca Sacra, July,
1893.)

The History, Organization and Influence of the Independent
Treasury of the United States: (Library of Economics and

Politics, Vol. I. New York, 1893.)

The Law of Social Progress: (Christian Advocate, Aug. 17, 24,
31, and Sept. 7, 1893.)

University Extension and the Workingman: (University Exten-
sion Magazine, 1894.)

Management of Crises: (Proc. 111. State Bankers' Assoc, June,
1894.)

Credit Instruments in Retail Trade: (Journal of Political Econ-
omy, March, 1895.)

Credit Instruments in Business Transactions: (lb., Mch., 1897.)

Critique of Census Volumes on Mortgages; " The Federal Cen-
sus ": (Pubs. Amer. Econ. Assoc., 1898.)

Trusts. " Progress ": (University Extension Society, Chicago,
Oct., 1899; also Statistical Report in Chicago Federation Report
of Conference on Trusts, 1899.)

Reports published in the Reports of the Comptroller of the
Currency for 1894, etc.

GEORGE KRIEHN. Ph.D., Strassburg, 1892; Fellow by
Courtesy, J. H. TL, 1892-1893; Instructor, 1893-1894;
Assistant Professor, Leland Stanford University, 1894-
1898.

The English Rising in 1450: (Strassburg, 1892. 8vo.)

86 BlBLIOGEAPHT OF

English Popular Uprisings in the Middle Ages: (Proceedings of
the American Historical Association for 1S93. Washington,
1894.)

The German Student: (Daily Palo Alto, April 9, 1896.)

The City Beautiful: (Municipal Affairs, Dec, 1899.)

CHARLES DAY LANIER. A. B., 1888; Assistant Editor,
American Monthly Eeview of Reviews,

Bobert Louis Stevenson: (Eeview of Eeviews, Feb., 1895.)
Thomas Hughes and "Tom Brown": (lb., May, 1896.)
A Sketch of Eudyard Kipling: (lb., Feb., 1897.)
Working of a Bank: (Scribner's Magazine, May, 1897.)

JOHN HOLLADAY LATANE. A. B., 1892; Ph.D., 1895;
Lecturer, 1898-1899; Professor, Randolph-Macon
Woman's College, 1898-.

The Early Eelations between Maryland and Virginia: (J. H.
Univ. Studies, 13th Series, Nos. 3-4.)

The Diplomacy of the United States in regard to Cuba: (Annual
Eeport of the American Historical Association for 1897.)

Intervention of the United States in Cuba: (North American
Eeview, Mch., 1898.)

The Diplomatic Eelations of the United States and Spanish
America: (Johns Hopkins Press. 12 mo. 325 pp. 1900.)

J. W. Foster's A Century of American Diplomacy: (American
Historical Eeview, April, 1901.)

fPATTL ERASMUS LATTER. Fellow, 1891; Ph.D., 1892;
Asst. Supt. of Schools, Cleveland, 1892-1893. Died
February 20, 1893.

The University Extension Movement: (Evangelical Messenger,
June 10, 1891.)

Church and State in New England: (J. H. Univ. Studies, 10th
Series, Nos. 2-3.)

History, Politics and Economics 87

GUY CARLETON LEE. Fellow, 1897; Ph.D., 1898; In-
structor,

Negroes under Northern Conditions: (Gunton's Magazine, Jan.,
1896.)

War- Time Presidents; Modern Political Campaigns; Fathers of
the Republic; The German Empire; Bismarck and the German
Empire: (The Home Magazine, 1896.)

The Lawyer's Position in Society: (The Green Bag, June, 1S96.)

Articles on Contemporary Politics in the Carlisle (Pa.) Daily
Leader, 1896.)

Land in Anglo-Saxon Times; Mandamus: (Albany Law Journal,
1896.)

The English Parliament: (The Legal Adviser, Jan., 1897.)

Bracton: A Study in Historical Jurisprudence: (American
Law Review, 1897.)

A Study in English Judicial History: (Legal Adviser, Feb. 24,
March 3 and 10, 1897.)

The Development of the West: (Chicago Inter-Ocean, Feb. 22,
1897.)

An American Citizen: (Union League, Chicago. Exercises in
commemoration of the birthday of Washington, Feb. 22, 1897.)

Sectionalism: (Chicago Tribune, Feb. 23, 1897.)

Hincmar: (Papers of the American Society of Church History,
Vol. VIII.)

The Art of Expression: (J. H. U. News-Letter, May 13, 1S97.)

The Barbarian Codes: (Green Bag, Oct., 1897.)

Practical Politics: (Home Magazine, May, 1897.)

The Negro in a Northern Environment: (Baltimore Sun, Nov.,
1898.)

Series of Articles on the Race Troubles at Wilmington, N. C:
(lb., Nov., 1899.)

One Result of the Spanish-American War: (For the Associated
Press, Oct., 1898.)

Indian Schools and their Methods: (Chicago, Jan., 1899.)

88 Bibliography of

Tuskegee and its Mission: (Chicago, June, 1899.)

The Principles of Public Speaking: (12mo. New York, Put-
nams, 1900.)

Editor, The World's Orators: (10 vols. 8vo. Putnams, 1898-
1900.)

Source-book of English History: (12mo. New York, Henry Holt,
1900.)

Historical Jurisprudence: (12mo. New York, Macmillan, 1900.)

CHAELES HERBERT LEVERM0RE. Fellow, 1884; Ph. D.,
1885; Instructor, University of California, 1886-1888;
Professor, Massachusetts Institute of Technology, 1888-
1893; President, Adelphi Academy, 1893-1896; Presi-
dent, Adelphi College, 189 6-.

The New Economic Association: (New Haven Morning Journal
and Courier, Oct. 23, 1885.)

Witchcraft in Connecticut, 1647-1697: (New Englander, Nov.,
1885.)

The Town and City Government of New Haven: (J. H. Univ.
Studies, 4th Series, No. 10.)

New Education run mad: (Education, Vol. VI, No. 3, Boston,
1886.)

The Republic of New Haven: A History of Municipal Evolution:
(J. H. Univ. Studies, Extra Volume I.)

The Problem of Europe: (The Berkeleyan, May, 1887.)

Chapter on " The Town Government and the City Government "
in the " History of the City of New Haven," by E. E. Atwater:
(New York, Munsell, 1887.)

and Davis E. Dewey: Political History since 1815:

(Boston, 1889. Revised edition, Boston, 1893.)

Witchcraft in Connecticut (revised article): (New England
Magazine, circa 1888 or 1889.)

University Foundations: (The Congregationalist, Aug. 29, 1889.)

Isabella as she was: (The Woman's Journal, Oct. 12, 1889.)

Pilgrim and Knickerbocker in the Connecticut Valley: (New
England Magazine, Oct., 1889.)

History, Politics and Economics 89

A Plea for Endowed Newspapers: (Andover Eeview, Nov., 1S89.)

The Church in Modern Society: (The Eeligious World, Nov. 14,
1889.)

Two Centuries and a half in Guilford, Connecticut: (New Eng-
land Magazine, Dec, 18S9.)

Impressions of a Yankee Visitor in the South: (lb., Nov., 1890.)

Henry C. Carey: (Political Science Quarterly, Dec, 1890.)

Pride in Brother Jonathan: (Boston Herald, June 15, 1891.)

Methods and Eesults of Instruction in History: (School and
College, April, 1882.)

The Academy Song-Book, for use in Schools and Colleges: (Bos-
ton, Ginn & Co., 1895. pp. xvi, 367.)

The Whigs of Colonial New York: (American Historical Eeview,
Jan., 1896.)

The Abridged Academy Song-Book, for use in Schools and Col-
leges: (Boston, Ginn & Co., 1900. xiv-l- 298 pp.)

Thomas Hutchinson, Tory Governor of Massachusetts: (New
England Magazine, Feb., 1900.)

A Little Stream among the Hills: A poem: (The Alkahest,
Atlanta, Ga., May, 1900.)

Eeviews of books in The American Historical Eeview: J. B.
McMaster's History of the United States, Vol. IV.: (Vol. I, 171-
174) ; C. M. Andrews' Historical Development of Modern Eu-
rope, Vol. I: (Vol. II, 354-356); J. W. Burgess' The Middle
Period: (lb., 746-748); C. M. Andrews' Historical Development
of Modern Europe, Vol. II: (Vol. IV, 357-360); Moritz Busch's
Bismarck: (lb., 531-536); W. E. Thayer's Throne-Makers: (Vol.
V, 344-345); J. B. McMaster's History of the U. S., Vol. V:
(Vol. VI, 370-374).

Eise of Metropolitan Journalism, 1800-1840: (American His-
torical Eeview, April, 1901.)

ALVIN FAYETTE LEWIS. Ph.D., 1899; Professor, Uni-
versity of Arkansas, 1899-.

History of Higher Education in Eentucky: (Bureau of Educa-
tion, Circular of Information, No. 25, 1900.)

90 Bibliography of

GEORGE BRIGGS LYNES. Graduate Student, 1894-1896;
Literary Editor, Baltimore News, 1896; Instructor,
Union College, 1896-1897; Acting Librarian, Union
College, 1898; American Staff of "The Times Supple-
ment of the Encyclopaedia Brittanica," 1899-1900; Lit-
erary Editor, London, England, 1900-

Union College. The Celebration of its First Centennial: (New
York Daily Tribune, June 23, 1895.)

The Centenary of Union College: (The Outlook, July 6, 1895.)

Seeley, the Historian: (Baltimore American, June 9, 1895.)

Currency and Banking: (lb., Dec. 16-17, 1894.)

Hebrew Patriarchal Institutions: (Baltimore Methodist, Feb.
14, 1895.)

Lawrence Memorial Association: (Baltimore News, May 23,
1896.)

Russian Empire: (lb., May 26, 1896.)

LATTROS G. McCONACHIE. Graduate Student, 1892-1893.

Baltimore, Maryland. Prize Essay: (United States Investor,
April 7, 1894.)

Committee Legislation in the United States: (University Asso-
ciation, Chicago, 1897.)

The Nominating Ballot: (The Outlook, Jan. 15, 1898.)

Congressional Committees. A Study of the Origins and Develop-
ment of our National and Local Legislative Methods: (New
York, T. Y. Crowell, 1898.)

The Time Element in Political Campaigns: (American Journal
of Sociology, July, 1899.)

National Expansion: (University Association, Chicago, Vol. V,
No. 2, Nov., 1899. 60 pp.)

GEORGE WASHINGTON McCREARY. A. B., 1879; Balti-
more City Librarian, 1896-1898.

Street Index: (8vo. Baltimore, 1900.)

History, Politics and Economics 91

HENRY READ McILWAINE. Ph.D., 1893; Professor,
Hampden-Sidney College, 1893-.

The Struggle of Protestant Dissenters for Religious Toleration
in Virginia: (J. H. Univ. Studies, 12th Series, No. 4.)

JOHN HANSON THOMAS McPHERSON. A. B., 1886; Fel-
low, 1889; Ph. D., 1890; Instructor, University of Mich-
igan, 1890-1891; Professor, University of Georgia,
1891-.

History of Liberia: (J. H. Univ. Studies, 9th Series, No. 10.)

The Civil Government of Georgia: (Phila., Eldridge & Brothers,
pp. 160. 1896.)

COLYER MERIWETHER. Ph. D., 1893; Instructor, Wash-
ington High School, 1894-; Secretary and Treasurer,
Southern History Association, 1896-.

The Phosphate Royalty in South Carolina: (pp. 459-466 in Ely's
" Taxation in American States and Cities!" New York, Cro-
well, 1888.)

Historic Homes on James River, Virginia: (Baltimore Sun, 1888.)

History of Higher Education in South Carolina: (Circulars of
Information No. 4, Bureau of Education, Washington, 1889.)

Decoration Day in Japan: (The Nation, Jan. 29, 1891.)

A School Ceremony in Japan: (lb., Dec. 10, 1891.)

The Southern Farm since the Civil War: (The Nation, Oct. 12,
1893.)

Life of Date Masamune: (Transactions of the Asiatic Society of
Japan, Nov., 1893.)

Peanut Oil and Meal: (Southern Cultivator and Dixie Farmer,
June, 1894.)

Wheat Farming in Maryland: (The Nation, August 16, 1894.)

Japan and her National Leaders: (Review of Reviews, Sept.,
1894.)

Social Changes in the Black Belt: (Sewanee Review, April, 1897.)

92 Bibliography of

Washington City Government: (Political Science Quarterly,
Sept., 1897.)

Southern Periodicals: (Proc. Third Capon Springs Conference
for Education in the South, 1900.)

-j-LUCIUS SALISBURY MERRIAM. Fellow, 1892; Ph.D.,
1893; Instructor, Cornell University, 1893. Died No-
vember 18, 1893.

Social Legislation: (Economic Review, April, 1891.)

Appointment of a Receiver for the City of Nashville: (American
Law Review, May-June, 1891.)

The Theory of Final Utility in its Relation to Money and the
Standard of Preferred Payments: (Annals of the American
Academy, Jan., 1893.)

Money as a Measure of Value: (lb., May, 1894.)

An Unfinished Study: (lb.)

The Pacific Railroad Telegraphs: (Political Science Quarterly,
June, 1894.)

History of Higher Education in Tennessee: (U. S. Bureau of
Education, Circulars of Information. No. 16. Washington,
1893.)

MICHAEL ANDREW MIKKELSEN. Fellow, 1891; Ph. D.,
1892.

The Bishop Hill Colony: (J. H. Univ. Studies, 10th Series, No. 1.)

Electric Street Lighting in Chicago: (Annals of American
Academy, Mch., 1892.)

Cultivation of Vacant City Lots by the Unemployed: (The In-
dependent, May 9, 1895.)

Vacant Lot Farming by the New York Poor: (The Independent,
Mch. 5, 1896.)

The Cultivation of Vacant Lot Farms: (The Forum, May, 1896.)

Educational Unity: (The Outlook, July 25, 1896.)

History, Politics and Economics 93

David Hume. In Library of the World's Best Literature. Ed-
ited by Charles Dudley Warner.

The New School of American History: History as an Educator
of Public Opinion: (The Outlook, July 24, 1897.)

A Eeview of Eeal Estate on Manhattan Island. Chapter I of
History of Eeal Estate, Building and Architecture in New
York City: (Eecord and Guide, New York, 1898.)

J. W. MILLION. Graduate Student, 1891-1892; Professor
of History and Political Economy, Hardin College,
Mexico, Mo., 1895-1897; President, 1897-.

Debate on the National Bank Account of 1863: (Journal of
Political Economy, Mch., 1894.)

State Aid to Eailroads in Missouri: (Dj., Dec, 1894.)

State Aid to Eailroads in Missouri: (University of Chicago Press,
1896. 264 pp.)

Character and Status of Girls' Schools in Missouri: (Pub. by
Executive Committee of the Mo. State Teachers Assoc. In
press.)

KAKICHI MITSUKTJRI. Fellow, 1880; Ph. D., 1882; Pro-
fessor University of Tokyo, 1882-.

Early Study of Dutch in Japan: (Trans. Asiatic Society of
Japan, Vol. V, Pt. 1, 1877.)

Eecent Changes in Japan: (International Eeview, May, 1881.)

Introductory to Annotationes Zoologicae Japonenses: (Ee-
printed from Annotationes Zoologicae Japonenses, Vol. I,
Parts I and II, May 25, 1897. 11 pp.)

The Social and Domestic Life of Japan: (Atlantic Monthly,
Mch., 1898.)

Zoological Matters in Japan: (Proc. 4th International Zoolog-
ical Congress, Cambridge, 1898.)

Letter on Japanese Immigration: (Eeview of Eeviews, Feb.,
1901.)

91- Bibliography of

CHARLES WHITNEY MIXTER. A. B., 1892; A. M., Har-
vard, 1893; Ph.D., Harvard, 1897; Assistant, Harvard
University, 1896-1898.

Protest against the Evils of the Depreciated Continental Cur-
rency, entered on the Essex County " Probate Records " in
1781 by the Probate Judge: (Quarterly Journal of Economics,
Jan., 1896.)

The Theory of Savers' Kent and Some of its Applications: (lb.,
April, 1899.)

HENRY LUDWELL MOORE. Fellow, 1895; Ph.D., 1896;
Instructor, 1896-1897; Professor, Smith College, 1896-.

Von Thunen's Theory of Natural Wages: (Quarterly Journal
of Economics, April and July, 1S95.)

Pareto's " Cours d'Economie Politique ": (Annals of American
Academy, May, 1897.)

THOMAS FRANCIS MORAN. Fellow, 1894; Ph.D., 1895;
Professor of History and Economics, Purdue University,
1895-.

The Gothenburg Method of Regulating Liquor Traffic: (Chari-
ties Review, April, 1894.)

The Eise and Development of the Bicameral System in America:
(J. H. Univ. Studies, 13th Series, No. 5.)

How Minnesota Became a State: (Minn. Hist. Soc. Col., 1896.)

The Origins of the U. S. Constitution: (Inland Educator, Terre
Haute, Ind., Apr., June and Dec, 1896.)

Two Educational Ideals: (Address, Trans. Ind. Hort. Soc, 1897.)

The Political Economy and Business Management of the Rail-
road: (Lafayette, 1898.)

Guizot's History of Civilization: (Series of articles in Inland
Educator, Terre Haute, Ind., 1896-1897.)

Holidays in Other Times: (The Courier, Lafayette, Dec. 25,

1897.)
The Significance of the American Revolution: (Address before

the D. A. R. The Courier, Lafayette, Dec 9 and 10, 1898.)

History, Politics and Economics 95

The Teaching- of History: (School Education, Minneapolis,
Minn., May and June, 1899, and Jan. and May, 1900.)

Ethics of Wealth: (American Journal of Sociology, May, 1901.)

CHARLES N. MORRIS. Graduate Student, 1884-1885;
A.M., Yale, 1887; B. D., Berkeley Divinity School,
1889; Minister, St. Luke's Church, Brooklyn, 1901-

Internal Improvements in Ohio, 1825-1850: (Papers of the Ameri-
can Historical Association, Vol. IH, 1889.)

DANIEL ESTEN MOTLEY. Ph. D., 1899; State Evangelist
of the Christian Church in North Carolina.

How to Keach the Masses: (Christian Tribune, Mch. 4, 1897.)
The Need of Better Education: (lb., July 7, 1898.)
James Blair, 1656-1743: (J. H. Univ. Circulars, Mch., 1899.)
The Need of Education among the Disciples of North Carolina:
(Watch Tower, Washington, N. C, June 8, 1900.)

The Need of Courage in the Ministry: (Bo., Dec. 7, 1900.)

The Liquor Curse: (lb., May 4, 1900.)

Christmas Time: (lb., Dec. 21, 1900.)

State Evangelist Notes: (lb., Feb., 1900-Feb., 1901.)

Some Religious Changes of the Century: (lb., Jan. 4, 1901.)

CHARLES PATRICK NEILL. Ph. D., 1897; Associate Pro-
fessor of Economics, Catholic University, Washington,
D. C, 1897-.

Daniel Raymond: An Early Chapter in the History of Economic
Theory in the United States: (J. H. Univ. Studies, 15th Series,
No. 6.)

J. C. CALHOUN NEWTON. Graduate Student, 1884-1886;
Some time Dean, Biblical Department of Kwansei
Gakuin, Kobe, Japan; Pastor, Methodist Episcopal
Church South, Portsmouth, Va.

Greek Philosophy and Christianity: (Methodist Quarterly, 1884.
Two articles.)

96 Bibliography of

The New South: (Booklet, 100 pp. 1887.)

Proper Use of Our Lord's Miracles, with classified Table accord-
ing- to Westcott: (Pamphlet. 1890.)

Old Japan: (Methodist Eeview, Nashville, Jan.-Feb., 1895.)

Progress in our Theological Seminaries: (Christian Advocate,
Feb. 28, 1895.)

Studies in Amos and Hosea: (Methodist Review, Mch.-Apr.,
1897.)

The Forward Movement in British Methodism: (The Eeview of
Missions, Nashville, Nov., 1898.)

Mission Education in China: (Pamphlet. 1899.)

Mission Education in Japan: (Pamphlet. 1899.)

The Fourth Gospel and its Author: (Methodist Eeview, June,
1900.)

Japan: Country, Court, and People: (Nashville, 1900. 12mo.
448 pp.)

INAZ0 (OTA) NIT0BE. A. B. {extra ordinem), 1890; Ph. D.,
Halle, 1890; Professor of Economics, Imperial College,
Sappro, Japan; Chief of the Bureau of Industries in
the Formosan Government.

Japans Aussenhandel: (Export, Organ des Centralvereins fur
Handelsgeographie, No. 42-43. Berlin, 1888.)

ijber den Japanischen Grundbesitz, dessen Verteilung und land-
wirtschaftliche Verwertung: (Halle, 1890.)

La Propriety Fonciere au Japon: (Revue d'Economie Politique,
Mai-Juin, 1891.)

Bauernbefreiung in Japan: (Handwoerterbuch der Staatswissen-
schaften. Bd. I. Jena.)

The Intercourse between the United States and Japan: (J. H.
Univ. Studies, Extra Volume VIII, 1891.)

The Imperial Agricultural College of Sapporo, Japan: (Published
by the College, 1893. 42 pp.)

Bushido, the Soul of Japan. An Exposition of Japanese Thought:
(Philadelphia, The Leeds & Biddle Co., 1900. 16mo.)

History, Politics and Economics 97

Religious Impressions of America: (Friends' Review, Nov. 18,
1886.)

Life of William Penn (in Japanese, Tokyo, 1893.)

Biographical Sketch of K. Fujita (Tokyo, 1894).

Premises of Agricultural Polity (in Japanese, Tokyo, 1898).

Morals and the Manners of the Japanese: (Scientific Ameri-
can Supplement, Oct. 27, 1900.)

Bushido, Die Seele Japans (Deutsche Uebersetzung von Ella
Kaufmann, Tokyo, 1901).

JOHN WILLIAM PEKRIN. Graduate Student, 1890-1892;
Professor, History and Political Economy, Wisconsin
State Normal School, 1893-1894; Ph.D., University of
Chicago, 1895; Professor, Allegheny College, 1895-1898;
Professor, Adelbert College, 1898-.

Syllabus of a course of six lectures on France in the Nineteenth
Century: (Philadelphia, 1896.)

History of Compulsory Education in New England: (Meadville,
1896.)

Meaning and Value of History: (The Campus, Meadville, Jan.
22, 1898.)

German Social Democracy: (The Chautauquan, Feb., 1898.)

Philip Melanchthon and his Services to the Reformation: (Ad-
dress at Allegheny College on " Melanchthon Day," Feb. 16,
1897. 15 pp.)

Economic Politics in the United States: (Chautauquan, May,
1898.)

Gouverneur Morris and the Constitution: (Cleveland Plain
Dealer, Dec. 1, 1899.)

GEORGE PETPJE. Ph. D., 1891; Professor of History, Ala-
bama Polytechnic Institute.

Church and State in Early Maryland: (J. H. Univ. Studies, 10th
Series, No. 4, 1892.)

Can the Teaching of American History be made interesting?
(Sewanee Review, May, 1896.)

98 Bibliography of

LYMAN PIERSON POWELL. A. B., 1890; Clergyman,

Lansdowne, Pa.

The American Economic Association: (The Chautauquan, Aug.,
1892.)

University Extension: (Christian Union, May 20, 1893.)

Renaissance of the Historical Pilgrimage: (Review of Reviews,
Oct., 1893.)

History of Education in Delaware: (Washington, U. S. Bureau
of Education, Circulars of Information, No. 15, 1893.)

University Extension: (The Congregationalist, Oct. 26, 1893.)

The Historical Pilgrimage of 1894: (The Spirit of '76, Sept.,
1894; Harper's Weekly, Aug. 4, 1894.)

Editor, Historic Towns of New England: (New York, Put-
nams, 1898.)

Editor, Historic Towns of the Middle States: (lb., 1899.)

Editor, Historic Towns of the Southern States: (lb., 1900.)

The English, Dutch, and Spanish Explorers: (The Home Study
Circle, 1900.)

Washington and Lincoln: (Review of Reviews, Feb., 1901.)

Studies from Life: (The Sunday School Times, 1894-1901.)

BURR JAMES RAMAGE. Ph. D., 1886; Professor and Dean,
Law School, University of the South; Associate Editor,
Sewanee Eeview.

Local Government and Free Schools in South Carolina: (J. H.
Univ. Studies, 1st Series, No. 12.)

Fairs and Markets: (Overland Monthly, 1884.)

The Reproduction of Medisevalism in South Carolina under the
Slave Code: (Annals of American Academy, April 7, 1890.)

The Beginnings of Tennessee History: (Old Oak Club, Nash-
ville, Nov., 1892.)

What is the Destiny of the American Republics? (Magazine of
the University of the South, May, 1893.)

Histoet, Politics and Economics 99

Some Features of American Slaverj-: (Sewanee Review, Aug.,
1893.)

Flora Macdonald; Sam Houston and Texan Independence; Dr.
Ely on Social Reform: (lb., 1894.)

How to accomplish Tax Reform: (The Taxpayer, Chattanooga,
Nov., 1894.)

Schools of Finance and Economy: (Proc. of Tennessee Bankers'
Assoc, 1894.)

The Railroad Question: (Sewanee Review, Feb., 1895.)

Southern Homicide and Public Opinion: (The Nation, April 29,
1895.)

General Thomas Pinckney, a Carolinian: (Sewanee Review,
Oct., 1894.)

Ingle's Southern Side-Lights: (Sewanee Review, Oct., 1895.)

Sunday Legislation: (lb., Nov., 1895.)

The Dissolution of the Solid South; Homicide in the Southern
States; Modern Taxation: (lb., 1896.)

Mayes' Life of Lamar: (Political Science Quarterly, Sept., 1896.)

The New South: (The Nation, Dec. 17, 1896.)

Battle of Crown Point (with MS. from British Museum): (lb.,
Aug. 13, 1896.)

Tennessee's Place in History: (Sewanee Review, April, 1897.)

Tennessee History: (Nashville American, May, 1897.)

Taylor's Ancient Ideals: (Sewanee Review, May, 1897.)

Bodley's France: (Sewanee Review, Oct., 1898.)

Music's Hawaii: (New York Churchman, July, 1898.)

In re Imperialism (Y, Y, Z) : (Sewanee Review, Oct., 1898.)

Prince Bismarck and German Unity: (lb., Oct., 1899.)

The Hegemony of Russia: (lb., July, 1899.)

International Aspects of the Missionary Movement: (The
Churchman, N. Y., Sept., 1899.)

Awakened China: (Sewanee Review, Jan., 1899.)

The Partition of Africa: (lb., April, 1899.)

100 BlBLIOGEAPHT OF

The Situation in China: (lb., Oct., 1900.)

Remedies for Lynch Law: (lb., Jan., 1900.)

The Elective System in School and College: (Prepared for Assoc,
of Southern Schools and Colleges, 1900.)

The Chattanooga Industrial Convention: (The Nation, June 14,
1900.)

Southern Poor Eelief : (lb., April 26, 1900.)

Keifer's History of American Slavery: (Sewanee Review, July,
1900.)

The Canadian Mounted Police: (lb., July, 1900.)

The Growth and Moral Attitude of Corporations: (American
Law Register, April, 1901.)

John Marshall, Southern Federalist: (Sewanee Review, April,
1901.)

Powell's Historic Towns of the Southern States: (American
Historical Review, Aug., 1901.)

DANIEL RICHARD RANDALL. Fellow, 1886; Ph. D., 1887;
Attorney at Law, Annapolis, Md.

A Puritan Colony in Maryland: (J. H. Univ. Studies, 4th Ser.,
No. 6.)

English Charity Organization: In " Notes on Literature of Eng-
lish Charities, by H B. Adams: (J. H. Univ. Studies, 5th Series,
No. 8.)

Handbook of Annapolis: (Annapolis, 1888.)

History of Cooperation in Maryland and the South: In History
of Cooperation in the United States: (J. H. Univ. Studies, 6th
Series.)

Anniversary Volume of St. John's College: (Baltimore, 1890.)

JESSE SIDDALL REEVES. Ph. D., 1894; Attorney at Law,
Eichmond, Ind.

Relations with the Congo State and various Chapters on " Rela-
tions with European Powers ": (In " The U. S. and Foreign
Powers," by W. E. Curtis. Chautauqua Century Press, 1892.)

History, Politics and Economics 101

The International Beginnings of the Congo Free State: (J. H.
Univ. Studies, 12th Series, Nos. 11-13.)

John YVestlake's International Law: (Annals of American
Academy, July, 1895.)

MILTON REIZENSTEIN. A. B., 1891; Ph.D., 1897; As-
sistant Agent, Baron Hirsch Foundation, New York,
1897-1901; Superintendent, Industrial Removal Office,
1901-.

The Walters' Art Gallery: (New England Magazine, July, 1895.)

The Economic History of the Baltimore and Ohio Railroad, 1827-
1853: (J. H. Univ. Studies, 15th Series, Nos. 7-8.)

The Maccabeans: (Charities Record, Feb., 1897.)

Pictures of the Ghetto: (New York Times, Nov. 14, 1897.)

FRANKLIN LAFAYETTE RILEY. Fellow, 1895; Ph.D.,
1896; President, Hillman College, 1896-1897; Professor,
University of Mississippi, 1897- ; Secretary of the Miss-
issippi Historical Society, 1898-.

Study of Church History at the Johns Hopkins University:
(Baptist Record, April 9, 1892.)

County Institutes: (Proc. Miss State Teachers Assoc, Dec,
1892.)

Grading of County Schools: (Lawrence County Press, Dec,

1893.)
Some Educational Tendencies of the Present Day: (lb., May 31,

1894.)

The Talmud: (Baptist Record, Dec, 1894, and Jan., 1895.)

Colonial Origins of New England Senates: (J. H. Univ. Studies,

14th Series, No. 3.)
Study of History in Southern Colleges: (Mississippi Teacher,

July, 1897.)

Spanish Policy in Mississippi after the Treaty of San Lorenzo:
(Pubs. Miss. Hist, Soc, 1898; Annual Report of the American
Historical Assoc for 1897.)

102 BlBLIOGKAPHY OF

Suggestions to Local Historians: (Pubs. Miss. Hist. Soc, 1898.)

State Historical Societies: Their Financial Support and Sphere
of Activity: (Mississippi Teacher, Feb., 1898.)

Sir William Dunbar, the Pioneer Scientist of Mississippi: (Pubs.
Miss. Hist. Soc, 1899.)

School History of Mississippi: (Richmond, B. F. Johnson Pub.
Co., 1900. 12mo.)

Location of the Boundaries of Mississippi: (Pubs. Miss. Hist.
Soc, Vol. Ill, 1900.)

Transition from Spanish to American Control in Mississippi:
(lb., Vol. III.)

Descriptive and Historical Sketch of Mississippi, in " Art Work
of Mississippi ": (Chicago, Gravure Illustration Co., 1901.)

VICTOR KOSEWATER. Special Student, 1888-1890; Ph. D.,
Columbia, 1893; Managing Editor, Omaha Bee.

A Column to Columbus: (Frank Leslie's Weekly, Dec. 20, 1890.)

An Economic View of Electric Lighting: (The Independent,
Mch. 20, 1890.)

Public Control of Electric Lighting: (lb., May 5, 1890; reprinted
Mch. 5, 1891.)

Farm Mortgages and Silver Legislation: (Columbia Law Times,
Jan., 1892.)

What is the Cost of Living? (Charities Review, April, 1892.)

Peffer's The Farmers' Side: (Political Science Quarterly, Sept.,
1892.)

Municipal Control of Electric Lighting: (The Independent, Nov.
3, 10, 1892.)

British Electric Lighting Legislation: (Columbia Law Times,
Feb., 1893.)

Cost Statistics of Public Lighting: (Pubs. American Statistical
Assoc, March, 1893.)

The Constitutional Development of Nebraska: (Papers of the

Nebraska State Historical Society, 1893.)

History, Politics and Economics 103

Special Assessments: A Study in Municipal Finance: (Columbia
College Studies, Vol. II, No. 3, 1893. 2d edition, 1899.)

Laissez-faire. From the American standpoint: (In Palgrave's
Dictionary of Political Economy.)

Municipal Government in Nebraska: (Papers Neb. State Hist.
Soc, 1894.)

Omaha: (Article in Supplement to Encyclopaedia Britannica.)

Contributions to notes on Municipal Government: (Annals of
the American Academy.)

EDWARD ALSWORTH ROSS. Ph. D., 1891; Professor, In-
diana University, 1891-1892; Associate Professor, Cor-
nell University, 1892-1893; Professor, Stanford Univer-
sity, 1893-1900; Professor, University of Nebraska,
1901-.

Turning toward Nirvana: (The Arena, Nov., 1891.)

The Reform Spirit: (The Cornell Era, Vol. XXV, No. 4, Oct. 22,
1892.)

Sinking Funds: (Pubs. American Economic Assoc, July and
Sept., 1892.)

The Standard of Deferred Payments: (Annals of American
Academy, Nov., 1892.)

A New Canon of Taxation: (Political Science Quarterly, Dec,
1892.)

Seligman's Shifting and Incidents of Taxation: (Annals of
American Academy, Jan., 1893.)

Tendencies of Natural Values: (Yale Eeview, Aug., 1893.)

The Total Utility Standard of Deferred Payments: (Annals
Am. Acad., Nov., 1893.)

The Unseen Foundations of Society: (Political Science Quar-
terly, Dec, 1893.)

The Extension pf Economic Teaching: (University Extension,
Nov., 1894.)

The Location of Industries: (Quarterly Journal of Economics,
April, 1896.)

104 Bibliography of

Uncertainty as a Factor in Production: (Annals Am. Acad.,
Sept., 1896.)

Honest Dollars: (Chicago, Kerr, 1896.)

The Roots of Discontent: (The Independent, Jan. 27-Feb. 4,
1897.)

The Mob Mind: (Appleton's Popular Science Monthly, July,
1897.)

The Educational Function of the Church: (The Outlook, Aug.
28, 1897.)

The Sociological Frontier of Economics: (Quarterly Journal of
Economics, July, 1899.)

England as an Ally: (The Arena, July, 1900.)

Social Control: (American Journal of Sociology, 1896-1898; 1900-
1901. 20 articles.)

FRANK ROY RTJTTER. A. B., 1894; Fellow, 1896; Ph. D.,
1897; Assistant, Department of Agriculture, Washington,
1899-.

South American Trade of Baltimore: (J. H. Univ. Studies, 15th
Series, No. 9.)

Some Effects of Recent Tariff Legislation on the Importation
and the Domestic Production of Sugar: (Proc. American As-
soc, for Advancement of Science, Vol. XLVII, p. 564.)

Some Geographical Aspects of our Foreign Trade: (lb., Vol.
XLIX, p. 365.)

SH0SUKE SATO. Ph. D., 1886; Acting Director and Pro-
fessor of Agricultural Economics, Imperial College of
Agriculture, Sapporo, Japan.

New Japan: (Overland Monthly, Feb., 1884.)

Reports to the Japanese Government diiring the year 1884: (1)
Cotton Manufacturing Industry in the United States; (2) Arti-
ficial Fecundation of Oysters; (3) World's Industrial Cotton
Centennial Exhibition at New Orleans; (4) Industrial Estab-

History, Politics and Economics 105

lishments in Maryland and elsewhere; (5) Baltimore as a
Commercial City; (6) The Growth of Silk and Cotton Manu-
factures in the State of Connecticut; (7) Concerning the New
England Agrarian Community and certain Phases of Local
Self-Government; (8) American Farming as Extensive and
apanese Farming as Intensive.

History of the Land Question in the United States: (J. H. Univ.
Studies, 4th Series, Nos. 7-9.)

Political Parties in America: (In Japanese, Sept., 1886.)

The Japanese Farming Class: (Overland Monthly, Feb., 1887.)

Large Farming: (In Japanese. Nov., 1888.)

National History and Agrarian Institutions: (In Japanese.
Jan.-Feb., 1889.)

Charity: (In Japanese. Aug., 1889.)

A brief outline of the History of Political Economy: (In Jap-
anese. Nov., 1889.)

Colonization: (In Japanese. May, 1889.)

Foreign Emigration and Hokkaido Immigration: (In Japanese.
July, 1889.)

Hokkaido Colonization and Improvement of Japanese Agricul-
ture: (In Japanese. Aug., 1889.)

Tenant System and Hokkaido Colonization: (In Japanese, Aug.,
1889.)

A Word for Capitalists: (In Japanese. Sept., 1889.)

On the Organization of Japanese and Peruvian Mining Company:
(In Japanese. Nov., 1889.)

Progress of Hokkaido Agriculture: (In Japanese. Jan., 1890.)

On the Status of Woman: (In Japanese. Jan., 1890.)

The State and Self-Government: (In Japanese. March, 1890.)

Future of National Education: (In Japanese. May, 1890.)

Problems of Industrial Society and Christianity: (In Japanese.
June, 1890.)

On Tenant Farming: (In Japanese. May-Aug., 1891.)

106 Bibliography of

Japanese Translation of E. T. Ely's "Introduction to the Study
of Political Economy." 1891.

Evolution of Agriculture: (In Japanese. Sept.-Oct., 1891.)

WALTER BELL SCAIFE. Special Student, 1882-1885;
A. B., extra ordinem, 1887; Ph.D. (Vienna), 1887;
Header, J. H. XL, 1889-1890.

Free Public Lecture Courses of Geneva: (Public Opinion.)

Moslem Influence on the Eenaissance: (Overland Monthly, Apr.,
1883.)

The Pennsylvania and Maryland Boundary Dispute: (Pennsyl-
vania Mag. of History and Biography, Oct., 1885.)

Law and History: (Notes Supplementary to the J. H. Univ.
Studies, No. 8.)

Review of Handbuch der Verfassung und Verwaltung in Preus-
sen und dem deutschen Eeiche, von Graf Hue de Grais: (The
Nation, July, 1886.)

The Austrian Lottery: (lb., 1887.)

The Origin of the Metric System: (Scientific American, Nov. 19,
1889.)

Geographical Latitude: (In Smithsonian Eeport for 1889.)

Brazil: (Modern Language Notes, April, 1890.)

Development of International Law as to newly discovered Ter-
ritory: (Eeport of American Historical Association for 1890.)

University Extension: (Pittsburgh Dispatch, Nov.-Dec, 1891.)

School Life in Germany and Austria: (Alumni Annual, Pitts-
burgh Central High School, 1891.)

Study of Historical Geography: (University Extension, Nov.,
1891.)

Commerce and Industry of Florence during the Eenaissance:
(Eeport of American Historical Association for 1891.)

Brunialti's La Legge e la Liberta nello Stato moderno: (Annals
of American Academy, Jan., 1892.)

History, Politics and Economics 107

University Extension: Its Scope, Aim and Practical Application:
(Journal of the Knights of Labor, Phila., Jan. 14, 1892.)

Vienna: (In new edition of Johnson's Encyclopaedia.)

Florentine Life during the Kenaissance: (J. H. Univ. Studies,
Extra Volume XIV.)

, H. B. Adams, J. M. Vincent, et al. Seminary Notes on

Eecent Historical Literature: (J. H. Univ. Studies, Sth Series,
Nos. 11-12.)

Some European Modifications of the Jury System: (Annual Ke-
port of the American Historical Association for 1S94.)

Popular Civic Education in France: (Public Opinion, May 9,
1895.)

What is the Monroe Doctrine? (Pittsburg Dispatch, Dec. 13,
1895.)

The Public Schools of Geneva: (Educational Eeview, Dec, 1895.)

LAURENCE FREDERICK SCHMECKEBIER. A. B., 1896;
Fellow, 1898; Ph. D., 1899; Proof Eeader, U. S. Geolog-
ical Survey, Washington, 189 9-.

How Maine became a State: (Collections and Proceedings Maine
Historical Society, April, 1898, Vol. IX.)

History of the Know-Nothing Party in Maryland: (J. H. Univ.
Circulars, Dec, 1898; J. H. Univ. Studies, 17th Series, Nos. 4-5.)

Public Services of David A. Wells: (J. H. Univ. Circulars, Jan.,
1899.)

Taxation in Georgia: (In Studies in State Taxation: J. H.
Univ. Studies, 18th Series, No. 5.)

JAMES SCHOULER. Professor, Boston University Law
School, 189-1—; Lecturer, Johns Hopkins University,
189 1-; President, American Historical Association,
1896-1897.

History of the United States under the Constitution, 1783-1865:
(Washington and New York. 6 vols.)

108 Bibliography of

The Spirit of Research: (Annual Report of the American His-
torical Association for 1889.)

Historical Industries: (Annual Report American Historical As-
sociation for 1893; Yale Review, May, 1894.)

Thomas Jefferson: (New York, 1893. 12mo.)

Historical Testimony: (Annual Report of the American His-
torical Association for 1895.)

Dangers in our Presidential Election System: (The Forum, Jan.,
1895.)

President Polk's Diary: (Atlantic Monthly, Aug., 1895.)

President Polk's Administration: (lb., Sept., 1895.)

Historical Briefs: (New York, Dodd, Mead & Co., 1S96. 8vo.)

Constitutional Studies, State and Federal: (lb., 1897. 12mo.)

Inaugural Address as President of the American Historical As-
sociation: "A New Federal Convention": (Annual Report of
the American Historical Association for 1897.)

AUSTIN SCOTT. Associate, 1876-1882; Professor, Rutgers
College, 1883-1890; President, Rutgers College, 1890-;
LL. D., Princeton, 1891.

The Early Cities of New Jersey: (Proc. N. J. Historical Society,
2d Series, Vol. IN.)

The Influence of the Proprietors in founding the State of New
Jersey: (J. H. Univ. Studies, 3d Series, No. 8.)

The Share of New Jersey in founding the American Constitution:
(New Brunswick Historical Club Pubs., 1887.)

The Career of a Higher School of Learning: (Inaugural address
as President of Rutgers College, 1891.)

A Highway of a Nation: (Address at the N. J. Historical Soci-
ety's Semi-centennial, 1895.)

Washington's Unwon Battle: (Address before the Washington
Association of N. J., Feb. 22, 1898.)

Holmes vs. Walton, the New Jersey Precedent: (American His-
torical Review, Vol. IV, No. 3, Apr., 1899.)

History, Politics and Economics 109

WILLIAM AMASA SCOTT. Ph.D., 1892; Professor, Uni-
versity of Wisconsin, 1892-.

Personal Notes: (Annals of American Academy, May, 1892.)

The Eepudiation of State Debts: (New York, Crowell, 1S93.)

The Outlook in Wisconsin: (University Extension, Dec, 1893.)

Distribution of Wealth in the United States: (The Chautauquan,
June, 1894.)

The Social Aspects of Pauperism and Crime: (Proc. of Wis.
State Conf. of Char, and Cor., 1S94.)

The State and Higher Education: (Bulletin No. 7, Univ. of
South Dakota.)

Hobhouse's "The Labor Movement": (Annals of American
Academy, Mch., 1894.)

Felix' " Kritik der Socialism ": (lb., Mch., 1S94.)

Wicksell's " Finanztheoretische Untersuchungen ": (lb., Jan.,
1897.)

The Quantity Theory: (lb., Mch., 1897.)

Ansiaux's " Heures de Travail et Salaires ": (Lb., May, 1897.)

Coutts' "Agricultural Depression in the United States": (lb.,
Jan., 1898.)

Henry George and his Economic System: (The New World, Mch.,
1898.)

Hechts' Colbert's politische und volkswirtschaftliche Grund-
anschauungen: (Journal of Political Economy, June, 1898.)

Noyes' " Thirty Years of American Finance ": (Political Science
Quarterly, Sept., 1898.)

The Technical Education of Business Men: (K. E. Gazette, Oct.

5, 1900.)

Willgren's " Das Staatsbudget, dessen Aufbau und Verhaltniss
zur Staatsrechnung ": (Journal of Political Economy, Dec,
1900.)

Smart's " Taxation of Land Values and the Single Tax ": (Jour-
nal of Political Economy, Dec, 1900.)

110 BlBLIOGKAPHY OF

Klemme's " Die Volkswirtschaftlichen Anschauungen David
Hume's ": (Journal Political Economy, Feb., 1901.)

Commercial Education: (The Manufacturer, Feb. 15, 1901.)

HENRY R. SEAGER. Graduate Student, 1890-1891; Ph. D.,
University of Pennsylvania; Assistant Professor, Uni-
versity of Pennsylvania.

German Universities and German Student Life: (The Inlander,
June, 1892.)

Economics at Berlin and Vienna: (Journal of Political Economy,
Mch., 1893.)

Pennsylvania Tax Conference: (Annals of American Academy,
Mch., 1894.)

Seventh Annual Meeting- of the American Economic Association:
(lb., Mch., 1895.)

Mallock's Labor and the Popular Welfare, and Dyer's The Evo-
lution of Industry: (The Citizen, June, 1895.)

Cunningham's Oiitlines of English Industrial History: (Annals
Amer. Acad., Jan., 1896.)

Bruce's Economic History of Virginia in the 17th Century: (lb.,
1896.)

Smart's Studies in Economics: (The Citizen, Aug., 1896.)

Stray Impressions of Oxford: (The Pennsylvanian, Feb., 1897.)

Higgs' The Physiocrats: (Annals Amer. Acad., July, 1897.)

Gibbins' Industry in England: (lb., Sept., 1897.)

Bullock's Introduction to the Study of Economics: (lb., Nov.,
1897.)

The Consumers' League: (Bulletin of American Academy, Apr.,

1898.)

George's Political Economy: (Political Science Quarterly, Dec,
1898.)

Devine's Economics: (Annals Amer. Acad., Mch., 1899.)

Hull's The Economic Writings of Sir William Petty: (lb., May,
1900.)

History, Politics and Economics 111

Clark's The Distribution of Wealth: A Theory of Wages, Interest
and Profits: (lb., Sept., 1900.)

Smart's The Distribution of Income: (lb., July, 1900.)

ALBERT SHAW. PhD., 1884; Journalist, 1880-1888;
Eeader, 1888-1890; Lecturer, 1891-1892; Editor,
American Monthly Eeview of Eeviews, 189 1-.

Local Government in Illinois: (J. H. Univ. Studies, 1st Series,
No. 3, 1883.)

The Growth of Internationalism: (International Keview, Apr.,
1883.)

Icaria: A Chapter in the History of Communism: (New York,
G. P. Putnam's Sons, 1884. pp. 219.) German translation:
(Stuttgart, Robert Lutz, 1886.)

Municipal Government in England: (Notes Supplementary to
J. H. Univ. Studies, No. 1.)

Cooperation in a Western City: (Pubs. American Economic
Assoc, 1886.)

The American State and the American Man: (Contemporary
Eeview, May, 1887.)

Flour-Making in the United States: (Chatauquan, Oct., 1887.)

The Scandinavians in the United States: (lb., Dec, 1887.)

Cooperation in the Northwest: (J. H. Univ. Studies, 6th Series,
Nos. 4-6.)

The National Revenues: (Chicago, A. C. McClurg & Co., 1S88.
8vo. 245 pp.)

The American Tariff: (Contemporary Review, Nov., 1888.)

Municipal Government in England: (Pall Mall Gazette, Nov. 24

and 27, 1888.)

European Town Life: (Chautauquan, June, 1889.)

The French Constitution: (lb., Nov., 1889.)

The American State Legislatures: (Contemporary Review, 1889.)

Municipal Socialism in Scotland: (Juridical Review, 1889.)

Municipal Government in Great Britain: (Political Science
Quarterly, 1889.)

112 BlBLIOGEAPHT OP

Glasgow: A Municipal Study: (lb., Mch., 1890.)

Rising Bulgaria: (Chautauquan, Apr., 1890.)

Belgium and the Belgians: (Atlantic Monthly, Apr., 1890.)

The Servian Kingdom: (Chautauquan, May, 1890.)

The Greeks of To-day: (lb., June, 1890.)

London Polytechnics and People's Palaces: (Century Maga-
zine, June, 1890.)

How London is Governed: (Century Magazine, Nov., 1890.)

Budapest: The Minneapolis of Europe: (The Holiday North-
western Miller (Minneapolis), Christmas, 1890.)

Constantinople and the Waning Turks: (Chautauquan, May,
1891.)

Hungary's Progress and Position: (lb., June, 1891.

Paris: The Typical Modern City: (Century Magazine, July, 1891.)

Parochial vs. Public Schools: (Christian Union, Sept. 12, 1891.)

A Model Working Girls' Club: (Scribner's Magazine, Feb., 1892.)

The " Polytechnic " and its Chicago Excursion: (Review of Re-
views, Feb., 1892.)

A Year of General Booth's Work: (The Forum, Feb., 1892.)

Budapest, the Rise of a New Capital: (Century Magazine, June,
1892.)

An American View of Home Rule and Federation: (Contem-
porary Review, Sept., 1892.)

The Great Northwest. Chapter in " The Memorial Story of
America," edited by Hamilton W. Mabie and Marshall H.
Bright: (Philadelphia: John C. Winston & Co., 1892.)

Hamburg's New Sanitary Impulse: (Atlantic Monthly, June,
1894.)

The Government of German Cities: (Century Magazine, June,
1894.)

What German Cities Do for Their Citizens: (Century Maga-
zine, July, 1894.)

Municipal Government in Great Britain: (New York, The Cen-
tury Co. 8vo. 1895.)

History, Politics and Economics 113

Municipal Government in Continental Europe: (New York.
8vo. 1895.)

The Higher Life of New York City: (Outlook (New York),
Jan. 25, 1S96.)

Empire-Building in South Africa: (Cosmopolitan, Mch., 1S96.)

Notes on City Government in St. Louis: (Century Magazine,
June, 1S96.)

The United States: (Chapter IV in " Politics in 1896," edited by
Frederick Whelen. London. 12mo. 1897.)

The Essential Structure of the Greater New York Charter: (The
Independent, Mch. 11, 1897.)

" The History of the Last Quarter-Century in the United
States " (a review) : (American Historical Keview, Apr.,
1897.)

Advantages of Municipal Ownership: (Independent, May 6,
1897.)

Introduction to " The Evolution of France Under the Third Re-
public ": (New York: Thomas Y. Crowell & Co., 1S97.)

The Municipal Problem and Greater New York: (Atlantic
Monthly, June, 1897.)

" The Story of Gladstone's Life " (a review) : Book Eeviews,
Dec, 1897.)

Is England's Trade at Last Passing from Her? (New York
Herald, Dec. 26, 1897.)

The City in the United States. The Proper Scope of its Activi-
ties: (Indianapolis Conference for Good City Government,
1898. Also in " A Municipal Program," New York, Macmil-
lan, 1900.)

Cooperation and the Individual Man: (Savings and Loan Re-
view (New York), Sept., 1898.)

The Trans-Mississippians and Their Fair at Omaha: (Century
Magazine, Oct., 1898.)

De Tocqueville: The New Edition of His " Democracy in Ameri-
ca": (New York Times, Saturday Review, Dec, 1898.)

Businesslike Information About Cuba. (A review of " Commer-
cial Cuba ") : (Book Buyer, Jan., 1899.)

114 BlBLIOGEAPHY OF

Governments of the World of To-day: (I., Introduction. Chi-
cago Record, Feb. 1, 1899. Eeprinted in " Governments of the
World of To-day" (Home Study Circle Library). New York:
The Doubleday & McClure Co., 1900.)

Introduction to " Historic Towns of the Middle States ": (New
York: G. P. Putnam's Sons, 1899.)

The University's Eeal Assets. Introductory chapter in " The

Hullabaloo: 1900 ": (Baltimore: Johns Hopkins University,

1900.)
Education in America. (Eeview of " Monographs on Education

in the United States"): (The Outlook (New York), Aug. 4,

1900.)

The Campaign Issues: From a Eepublican Standpoint: (lb.,
Oct. 13 and 20, 1900.)

The American Presidential Election: (Contemporary Eeview,
Nov., 1900.)

Articles in the American Monthly Eeview of Eeviews:

Profit-Sharing in the Pillsbury Mills. Sept., 1891.

Some Statistical Undertakings at Washington. Dec, 1891.

The " Polytechnic " and Its Chicago Excursion. Feb., 1892.

Municipal Problems of New York and London. Apr., 1892.

A Greek Play on the Prairies. Sept., 1892.

Physical Culture at Wellesley. Dec, 1892.

American Millionaires and Their Public Gifts. Feb., 1893.

Our Fifteen New Forest Eeservations. July, 1893.

Leland Stanford: Some Notes on the Career of a Successful

Man. Aug., 1893.
Eelief for the Unemployed in American Cities. Jan., 1894.
Belief Measures in American Cities. Feb., 1894.
National Budgets — American and European. Feb., 1894.
Negro Progress on the Tuskegee Plan. Apr., 1894.
Some Notes on Bermuda and Its Affairs. May, 1894.
The Nation's New Library at Washington. June, 1894.
The Rescue of Virginia's Historic Shrines. June, 1894.
William V. Allen: Populist. July, 1894.
Toronto as a Municipal Object Lesson. Aug., 1894.
The New Hawaiian Constitution. Sept., 1894.
The Eeestablishment of Olympic Games. Dec, 1894.

Histoky, Politics and Economics 115

Mr. Bryce's New Chapters on Current American Questions.

Jan., 1S95.
The Electric Street Eailways of Budapest. Mch., 1895.
John Clark Bidpath: A Tj'pical Man of the Ohio Valley and the

Old Northwest. Mch., 1895.
Our " Civic Benaissance." Apr., 1895.
College Oratory in the West. June, 1895.
Becent Brogress of Italian Cities. Nov., 1895.
South Carolina's New Constitution. Jan., 1896.
Murat Halstead, Jouralist. Apr., 1896.
Vacation Camps and Boys' Eepublics. May, 1896.
John Brown in the Adirondacks. Sept., 1896.
A Blea for the Brotection of Useful Men. Feb., 1897.
The New Administration at Washington. Apr., 1897.
Local History and the " Civic Benaissance " in New York. Oct.,

1897.
Some American Novels and Novelists. Dec, 1897.
The Hispano-American Crisis in Caricature. Apr., 1898.
Baron Fierre de Coubertin. Apr., 1898.

Bismarck Behind the Scenes, as Shown in Dr. Moritz Busch's
" Secret Fages." Oct., 1898.

The Army and Navy " Y. M. C. A." Nov., 1898.
Col. George E. Waring, Jr. Dec, 1898.
Bresident Faure: A Sketch. Mch., 1899.
Our Delegation to the Hague. May, 1899.
The New San Francisco Charter. May, 1899.
The School City— A Method of Pupil Self-Government. Dec,

1899.
A Professor's Freedom of Speech. Dec, 1899.
The Educational Opportunity at Berea. Mch., 1900.
" Learning by Doing " at Hampton. Apr., 1900.
Paris and the Exposition of 1900. June, 1900.
A Hundred Years of the District of Columbia. Dec, 1900.
The Career of Henry Villard. Jan., 1901.
The Electors and the Coming Election. Jan., 1901.
Abraham Lincoln in Contemporary Caricature. Feb., 1901.
Japanese Immigration. Feb., 1901.
Frederic Harrison in America. May, 1901.
Preserving the Hudson Palisades. July, 1901.

116 Bibliography of

WILLIAM B. SHAW. Graduate Student, 1888-1890; Sub-
Librarian (legislation), New York State Library, 1891-
1893; on Staff of American Monthly Review of Reviews,
1894-.

Social and Economic Legislation of the States in 1890: (Quar-
terly Journal of Economics, April, 1891.)

American Ballot Eeform: (Review of Eeviews, July, 1891.)

Eecent School Legislation of the United States: (Educational
Review, July, 1891.)

(Compiler) Comparative Summary and Index of State Legisla-
tion, 1890-1892: (Legislative Bulletins I-III of the New York
State Library, Albany, 1891-1893.)

Social and Economic Legislation of the States in 1891: (Quar-
terly Journal of Economics, Jan., 1892.)

Compulsory Education in the United States: (Educational Re-
view, May, June and Sept., 1892.)

Recent Legislation affecting Dependent, Defective, and Delin-
quent Classes: (Charities Review, Dec, 1892.)

A Forgotten Socialism (Fourierism) : (New England Magazine,
Aug., 1893.)

The Legislatures and the People: (The Outlook, Oct. 27, 1894.)

Social and Economic Legislation of the States in 1893 and in
1894: (Quarterly Journal of Economics, 1894, 1895.)

The Carnegie Libraries: Notes on a Popular Educational Move-
ment in " the Greater Pittsburgh ": (Review of Reviews, Oct.,
1895.)

Social and Economic Legislation of the States in 1895 and in
1896: (lb., Jan., 1896, and Jan., 1897.)

The Traveling Library in America: (Review of Reviews, Feb.,
1898.)

{SIDNEY SHERWOOD. Ph. D., 1891; Instructor, University
of Pennsylvania, 1891-1892; Associate, Johns Hopkins
University, 1892-1895; Associate Professor, 1895-1901.
Died August 5, 1901.

The Relation of University Extension to the University of the
State of New York: (N. Y. Mail and Express, June 20, 1891.)

History, Politics axd Economics 117

Syllabus of a Course of Twelve Lectures on the History and
Theory of Money: (University Extension Lectures, Philadel-
phia, No. 34, 1892.)

The Rates Question in Recent Railroad Literature: (Annals of
American Academy, July, 1892.)

Bastable's Public Finance: (lb., Sept., 1892.)

Ross' Sinking Funds: (lb., Nov., 1S92.)

University of the State of New York: Origin, History and Pres-
ent Organization: (Regents' Bulletin, No. 11, Jan., 1893.)

Rogers' Industrial and Commercial History of England: (An-
nals of American Academy, Sept., 1893.)

The American Bankers' Association: Its Origin, its Work, and
its Prospects: (Proc. of 19th Annual Convention of the Ameri-
can Bankers' Assoc., New York, 1893.)

The History and Theory of Money: (Philadelphia, J. B. Lippin-
cott & Co., 1893. 8vo.)

The Nature of The Mechanism of Credit: (Quarterly Journal
of Economics, Jan., 1894.)

University Extension as a Method of Research: (University
Extension, May, 1894.)

Shirres' Analysis of the Ideas of Economics: (Annals of Ameri-
can Academy, July, 1894.)

Money in Legislation: (The Chautauquan, Jan., 1896.)

An Alliance with England, the Basis of a Rational Foreign
Policy: (The Forum, Mch., 1896.)

Smart's Studies in Economics: (Annals of American Academy,
Mch., 1896.)

Taussig's Wages and Capital: (lb., Nov., 1896.)

Banking Reform: (Review of Reviews, Jan., 1897.)

The Philosophical Basis of Economics: (Annals of American
Academy, Oct. 5, 1897.)

The Function of the Undertaker: (Yale Review, Nov., 1S97.)

Tendencies in American Economic Thought: (J. H. Univ. Stu-
dies, 15th Series, No. 12.)

118 Bibliography of

Davidson's Bargain Theory of Wages: (Annals of American
Academy, May, 1898.)

Pantaleoni's Pure Economics: (Journal of Political Economy,
Sept., 1898.)

Over-sea Expansion from an Economic Point of View: (J. H. U.
News-Letter, Feb. 8, 1899.)

The New German Bank Law: (Quarterly Journal of Economics,
Feb., 1900.)

Influence of the Trust in the Development of Undertaking
Genius: (Proc. of American Economic Association for 1899;
also in Yale Review, Feb., 1900.)

The University of the State of New York: (Bureau of Educa-
tion, Circulars of Information, No. 3, 1900.)

Masayoshi's Gold Standard in Japan: (Political Science Quar-
terly, Mch., 1901.)

CHARLES HOWABB SHIOT. A. B, (extra ordinem), 1884;
Manager, Overland Monthly, 1884-1889; Inspector of
Agricultural Experiment Stations, University of Cali-
fornia, 1890-.

Local Studies of the County of Alameda, California: (Twenty
articles in The Daily Enquirer, Oakland, Cal.)

Aim of Education: (School and Home Journal, San Francisco,
Sept., 1877.)

Concerning School Libraries: (lb., Oct., 1877.)

The Country Teacher: (lb., Nov., 1877.)

Pacific Rural Handbook: (S. F. Dewey & Co., 1879. 8vo. pp.
122. 3 editions. Now out of print.)

Sugar Refining: Ten Years' Review of the Industry: (San
Francisco Commercial Review, Jan., 1880.)

Jottings from a Johns Hopkins Lecture Room: (Three articles
in the Occident, Berkeley, July, 1883.)

Thomas Lodge and his Friends: (Overland Monthly, Jan. 15,
1884.)

Land Laws of Mining Districts: (J. H. Univ. Studies, 2d Series,
No. 12.)

History, Politics and Economics 119

The Peabody Library: (New York Post, July, 18S4.)

International Courtesy in Study: (The Hour, N. Y., Aug. 23,
1884.)

History of Bergen, New Jersey: (New York Post, Aug. and
Sept., 1SS4.)

Influence of a Great Teacher — Bluntschli: (The Hour, N. Y.,
Sept. 13, 1884.)

Ye Old Time Courtesie Books: (Harper's Bazar, Sept. 30, 1S84.)

" The Tunxis Valley " (Studies in Farmington, Conn.) : (New
York Post, Sept., 1SS4.)

Modern Historical Methods: (The Hour, Sept. 13, 18S4.)

Labor in California: Fifty Years of Economic History: (New
York Post, 1884.)

The Bluntschli Library: (New York Times, Oct., 1884.)

Huguenot Settlement, Oxford, Mass.: (N. Y. Times, Oct. 12,
1884.)

Reviews of J. H. Univ. Publications: (Christian Union, Oct. 2,
1884; N. Y. Tribune, Oct, 11, 1884; N. Y. Times, Graphic, and
Post, 1884; also Overland Monthly.)

Junk Shop Education: (The Hour, Nov. 1, 1884.)

An American University — Johns Hopkins University: (Christian
Union, Nov. 12, 1884.)

The University of California: (lb., Nov. 26, 1S84.)

Mining Camps: A Study in American Frontier Government:
(New York, Scribners, 1885.)

Anti-Chinese Agitation in California: (Series of letters in N. Y.
Post, Feb., Apr., 1886.)

The Pacific Slope: (In History of Cooperation in the United

States. J. H. Univ. Studies, 6th Series.)
The Local Element in Literature: (Christian Union, Apr. 12,

1888.)
Building of Arachne (an ideal city): (San Francisco Argonaut,

1889. Copied in N. Y. Tribune and in Stedman's American

Literature.)
Old Embarcaderos of California: (N. Y. Post, Sept. 17, 1889.)

120 Bibliography of

Early Oregon and California (in Damon's Journals): (San
Francisco Call, Sept. 22, 1889.)

The Frontier Teacher: (Education, Oct., 1890.)

California Mountains: Study of the Shasta Region: (N. Y. Post,
Dec. 24, 1889.)

Report of Work of the Agricultural Experiment Stations of the
University of California for 1890: (Sacramento State Office,
1891.)

Men of the States: (Series of 20 articles on Pioneer Life pub-
lished during 1890.)

Wintering in California: (Outing, Jan., Feb., Mch., 1890.)

New England in California: (New England Magazine, Feb.,
1890.)

Among District School Libraries: (Education, Feb., 1890.)

The California University Gardens: (Garden and Forest, Mch.
12, 1890.)

Spanish Pioneer Houses of California: (Magazine of American
History, May, 1890.)

Spanish Nava jo-Fighters: (New Orleans Picayune, May 4, 1890.)

The Fruit Tariff: (New York Post, May 30, 1890.)

Historical America — Old Fort Tejon, Missions of California, Mis-
sions of Texas: (Illustrated American, May 3, July 26, Aug. 2,
1890.)

Greater New England: (N. Y. Post, June 6, 1890.)

Studies of Pacific Coast Outlaws and Officers of Justice: (Ar-
ticles in N. Y. Sun, Sept. 14; N. Y. Commercial Advertiser,
June 12; San Francisco Call, May 25, June 8 and 29, July 6,
1890.)

The California Experiment of Free Text-books: (N. Y. School
Journal, June 21, 1890.)

Father Agapius Honcharenko: (Christian Union, July 31, 1890.)

Grizzly and Pioneer: (The Century, Nov., 1890.)

Shasta of Siskiyou: (Outing, Dec, 1890, and Jan., 1891.)

Pioneer Spanish Families in California: (The Century, Jan.,
1891.)

Histokt, Politics and Economics 121

State-printed Text-books: (San Francisco Call, Jan. 2, 1891.)

West of the Sierras, Geographical and Social: (Lippincott's,
Feb., 1891.)

Social Changes in California: (Popular Science Monthly, Apr.,
1891.)

Some California Documents: (Magazine of American History,
May, 1891.)

The California Lakes: (Overland Monthly, July, 1891.)

Past and Future of Mexico. Letters from General Vallejo to
Castro: (Magazine of American History, July, 1891.)

Evolution of a Ranch: (Syndicated, July 8, 1891.)

The University of California: (New England Magazine, Sept.,
1891.)

California Chinese: (N. Y. Post, Oct., 1891.)

Ecce Montezuma: (Goldthwaite's Geographical Magazine, Nov.,
1891.)

Reports on Plants, Culture Stations, Soil, Climate, etc.: (Agri-
cultural Reports, Univ. of Cal., 1891-1899. 535 pp., with maps,
charts, etc.)

With the Humboldt Trappers: (Outing, Nov., 1891.)

Among the Utopias: (Christian Union, Oct. 8 and 15, 1893.)

The Story of the Mine as illustrated by the Great Comstock
Lode of Nevada: (New York: Appleton, 1896 and 1897. 12mo.
2 editions.)

The California Penal System: (Appleton's Popular Science
Monthly, Mch., 1899.)

Australian Saltbushes: (Bulletin of University of California,
May, 1899.)

Forestry Problems of the San Joaquin: (Overland Monthly,
Aug., 1899.)

Literature of the Pacific Coast: (The Forum, Oct., 1899.)

[Numerous articles on practical agricultural and horticultural
topics are not included in this bibliography.]

122 BlBLIOGEAPHT OF

ALFRED JENKINS SHRIVER. A. B., 1891; LL. B., Uni-
versity of Md., 1893; A.M., Loyola College, 1894; At-
torney at Law, Baltimore.

The Theory of Res Gestae as a Kule of Evidence: (Baltimore
Daily Record, Oct. 25, 1893.)

Status of the Baltimore and Ohio Railway's First Preferred
Stock: (Baltimore Daily Record, June 27, 1896.)

Wills of Personal Property in Maryland Executed Prior to
Aug. 1, 1884. (Brief filed with the Clerk of the Court of
Appeals of Maryland, Annapolis, in case of the Metropolitan
Savings Bank of Baltimore et als. vs. John Murphy et als.,
Admrs., Oct. Term, 1895, Docket No. 4; copy of same on file
in Baltimore Bar Library.)

ENOCH WALTER SIXES. Ph.D., 1897; Professor, Wake
Forest College, 1897-.

Baptist History in North Carolina: (Biblical Recorder, April 8,
1896.)

Bassett's Regulators of North Carolina: (Charlotte Observer,
May 3, 1896.)

The Celtic Church: (Wake Forest Student, 1896.)

Education among the Hebrews: (Biblical Recorder, Jan. 6,

1897.)
Education among the Chinese: (lb., 1S97.)

Transition of North Carolina from Colony to Commonwealth:
(J. H. Univ. Studies, 16th Series, Nos. 10-11.)

Nathaniel Macon: (Wake Forest Student, No. 1, 1899.)

James Iredell: (lb.)

Edward Mosely: (lb., Jan., 1900.)

Influence of the Destruction of Monasteries on Education: (lb.)

The Proper Use of a Gymnasium: (lb., Feb., 1901.)

Talleyrand, the Prince of Diplomats: (lb., Vol. XVIII, No. 7.)

JOHN ARCHER SILVER, Ph. D., 1895; Professor, Hobart
College, 1895-.

The Provisional Government of Maryland, 1774-1777: (J. H.
Univ. Studies, 13th Series, No. 10.)

History, Politics and Economics 123

ST. GEORGE LEAKIN SIOUSSAT. A. B., 1896; Ph.D.,

Statistics on State Aid to Higher Education: (In " State Ai<l to
Higher Education," J. H. Univ. Studies, Extra Volume XVIII.)

Baltimore, the Monumental City: (In "Historic Towns of the
Southern States," edited by L. P. Powell. New York, Putnam,
1900. 8vo.)

Highway Legislation in Maryland and its Influence on the
Economic Development of the State: (In (1) Maryland Geo-
logical Survey Eeports, Vol. Ill, Part 3; (2) reprinted as a
special publication of the Md. Geolog. Survey, Johns Hopkins
Press, Dec, 1899; (3) reprinted in the form prescribed for a
Doctor's dissertation, Baltimore, 1899.)

ALBION WOODBURY SMALL. Reader, 1888-1889; Ph. D.,
1889; President, Colby College, 1889-1892; Professor,
University of Chicago, 1892-; Editor, American Jour-
nal of Sociology.

Mommsen's Romische Geschichte: (Baptist Quarterly Review,
Oct., 1885.)

An Outline of the French Eevolution: (Waterville, 1887.)

Von Hoist on American Politics: (Civil Service Eeformer, Bal-
timore, Dec, 1888.)

Colby University: (New England Magazine, Aug., 18S8.)

The Growth of American Nationality: An Introduction to the
Constitutional History of the United States. (Printed for use
of students in Colby College, Waterville, 1888.)

Dynamics of Social Progress: (Proceedings of American Insti-
tute of Instruction, Boston, 1889.)

Introduction to the History of European Civilization: (Water-
ville, 1889.)

Religion and Higher Education: (The Watchman, Oct. 10, 1889.)

The Mission of the Denominational College: (Inaugural Address,
Waterville, July, 1890.)

Introduction to the Science of Sociology: (Printed for the use
of the senior class in Colby College, Waterville, 1890.)

124 Bibliography of

Beginnings of American Nationality. The Constitutional Rela-
tions between the Continental Congress and the Colonies and
States from 1774 to 1789: (J. H. Univ. Studies, 8th Series, Nos.
1-2.)

Brown's Genesis of the United States: (The Nation, May, 1891.)

The Civic Federation of Chicago: (American Journal of Soci-
ology, Vol. I, No. 1.)

An Introduction to the Study of Society: In collaboration
with George E. Vincent: (New York: American Book Co.,
1894.)

The New Humanity: (University Extension World, July, 1894.)

Eelation of Sociology to Economics: (Journal of Political Econ-
omy, Mch., 1895.)

Methods of Studying Society: (The Chautauquan, Apr., 1895.)

" Social " vs. " Societary ": (Annals of American Academy,
May, 1895.)

Static and Dynamic Sociology: (American Journal of Sociology,
Vol. I, No. 2.)

American Society: (The Chautauquan, Oct., 1895.)

Comparative Reviews of Hobson's Evolution of Modern Capital-
ism; Von Halle's Trusts; Dyer's Evolution of Industry: (Amer-
ican Journal of Sociology, Sept., 1895.)

Giddings' Principles of Sociology; Fairbanks' Introduction to
Sociology; Schaeffle's Bau und Leben des socialen Korpers:
(lb., Sept., 1896.)

Era of Sociology: (lb., July, 1895.)

Civic Federation of Chicago: (lb.)

Static and Dynamic Sociology: (lb., Sept., 1895.)

Private Business is a Public Trust: (lb., Nov., 1895.)

The State and Semi-public Corporations: (lb., Jan., 1896.)

Scholarship and Social Agitation: (lb., Nov., 1896.)

Translation of Simmel's Superiority and Subordination as Sub-
ject-Matter of Sociology: (lb., Sept. and Nov., 1896.)

Thon's Present Status of Sociology in Germany: (lb., Jan.,
Mch., May, 1897.)

History, Politics and Economics 125

Bascom's Social Theory; Crafts' Practical Christian Sociology;
Gladden's Buling Ideas of the Present Age; Salter's Anarchy
or Government: (lb., Jan., 1896.)

Willoughby's Nature of the State: (lb., May, 1896.)

Hadley's Economics; Spencer's Principles of Sociology, Vol. Ill;
Godkin's Problems of Modern Democracy: (lb., Mch., 1897.)

Some Demands of Sociology upon Pedagogy: (lb., May, 1897.)

The Sociologist's Point of View: (lb., Sept., 1897.)

The Meaning of the Social Movement: (lb., Nov., 1897.)

Barth's Die Philosophie der Geschichte als Sociologie: (lb.,
Mch., 1898.)

Stuckenberg's Introduction to the Study of Sociology: (lb.,
May, 1898.)

Crowell's Logical Process of Social Development: (lb., Sept.,
1898.)

Social Studies as Educational Centers of Correlation: (Univer-
sity Kecord, Chicago, Feb. 4, 1898.)

A Unit in Sociology: (Annals of American Academy, Jan., 1899.)

Fellowship, the Tactics of Progress: (Proceedings of Eighth
International Convention of the Baptist Young People's
Union.)

Seminar Notes. Methodology of the Social Problem: (American
Journal of Sociology, Vol. IV., No. 2.)

Some Undeveloped Social Eesources in the Christian Eevelation:
(University of Chicago Press.)

The Scope of Sociology, I- VII: (American Journal of Sociology,
Jan., 1900-Jan., 1901.)

The Church and the Social Problem: (The Independent, Feb.

28, 1901.)

CHARLES LEE SMITH. Fellow, 1887; Ph.D., 1889; In-
structor, 1889-1891; General Secretary, Charity Or-
ganization Society, Baltimore, 1889-1891; Professor,
William Jewell College, 1891-.

The American Economic Association: (Biblical Eecorder, Mch.

17, 1886.)

126 BlBLIOGEAPHY OF

Shaw's Cooperation in a Western City: (Science, 1886.)

Ely's Labor Movement in America: (State Chronicle, Raleigh,

Oct. 21, 1886.)
Stephens' French Eevolution: (The Dial, Jan., 1887.)
Bemis' Cooperation in New England: (State Chronicle, Mch. 24,

1887.)

H. B. Adams' College of William and Mary, a Contribution to
the History of Higher Education: (lb., May 26, 1887.)

The Study of History: (The School-Teacher, Winston, Apr.,
1888.)

The History of Education in North Carolina: (U. S. Bureau of
Education, Circulars of Information, No. 2, 1888.)

Woman and Education. A Study of the South under changed
Conditions [Annual Commencement Address, Salem Female
College]: (Durham Recorder, June 12, 1889; Western Sentinel,
Winston, June 13, 1889; Twin City Daily, Winston, June 5, 1889.)

Biographical Sketch of Professor Richard T. Ely: (Indianapolis
News, Dec. 26, 1890.)

Loch's Charity Organization: (Annals of American Academy,
Jan., 1891.)

Why the Preacher should Study Economics: (Seminary Maga-
zine, Nov., 1892.)

Rowland's Life of George Mason: (The North Carolinian, Jan.
6, 1893.)

The Citizen and the State: (Central Baptist, St. Louis, Apr.
12, 1894.)

Some Practical Suggestions: (lb., May 3, 1894.)

The Government and the Railway: (lb., May 31, 1894.)

The Governmental Ownership of the Telegraph: (lb., July 5,
1894.)

Industrial and Political Evils: (lb., Aug. 9, 1894.)

The Battle of the Standards: Bimetallism: (Literary Record,
June, 1894.)

Paper Money: Theory and History: (lb., July-Aug., 1894.)

Banking in the United States: (lb., Sept., 1894.)

The Money Question: (St. Joseph, The Shirley Press, 1894.)

History, Politics and Economics 127

Address to Graduating Class of the Kansas City Medical College:
(Kansas City Times, Mch. 23, 1894.)

The Labor Problem: The Church and the Wage-Earner: (Cen-
tral Baptist, St. Louis, Feb. 22 and Mch. 15, 1S94; Midland
Mechanic, Kansas City, Aug. 4, 1894; The People's Eecord,
July IS, 1S94.)

The Revolution: A Warning: (Central Baptist, Aug. 23, 1894.)

Unrest, Money and Man: (Central Baptist, Sept. 27, 1894.)

Moslem vs. Christian — The Persecutions in Armenia: (lb., Dec.
12, 1895.)

Cuba and the Cubans: A Chapter of Spanish Oppression: (lb.,
Dec. 19, 1895.)

Christian Charity: (Central Baptist, Jan. 2, 1896.)

The Duties of Citizenship: (lb., July 30, 1896.)

Land and Liberty: (lb., Oct. 14, 1S97.)

Anglo-American Relations: (lb., Feb., 1901.)

History: Its Limits, its Laws, its Lessons: (The Gay Lectures,
1901, Southern Baptist Theological Seminary, Louisville, Ky.)

fEDWARD PAYSON SMITH. Graduate Student, 1887-
1888; Ph. D., Syracuse, 1888 ; Professor, Worcester Poly-
technic Institute, 1872-1892. Died May 2, 1892.

Middlefield Centennial Memorial: (Boston, 1883.)

Conway's " Omitted Chapters of History disclosed in the Life
and Papers of Edmund Eandolph ": (Political Science Quar-
terly, June, 1889.)

The Movement towards a Second Constitutional Convention in
1788: (Boston, Houghton, Mifflin & Co., 1889.)

ERNEST ASHTON SMITH. Ph.D., 1900; Professor, Alle-
gheny College, 1898-.

Trusts: (The Chautauquan, July, 1899.)

History of the Confederate Treasury: (Pubs. Southern Histor-
ical Assoc, Mch., May, July, 1901.)

128 Bibliography of

CHARLES WILLIAM SOMMERVILLE. Ph. D., 1899; Fel-
low by Courtesy, 1899-1901; Assistant Professor Latin
and German, Hampden-Sidney College, 1891-1896; Lec-
turer in History, St, Timothy's School, 1898-1901; Lec-
turer, J. H. TJ., on Maryland Colonial History, 1901;
Clergyman, Baltimore.

John Bright: (Hampden-Sidney Magazine, Apr., 1889.)

Washington's Birthday at the Johns Hopkins University: (Cen-
tral Presbyterian, Mch. 3, 1897.)

John Randolph of Roanoke: (Hampden-Sidney Magazine, Apr.,
1898.)

Robert Goodloe Harper: (Conservative Review, May, 1899.)

FRANCIS EDGAR SPARKS. A. B., 1893; Ph.D., 1896;
Archivist, Maryland Historical Society, 1896-1898;
Principal Assistant Librarian, Maryland Historical So-
ciety, 1898-.

The Causes of the Maryland Revolution of 1689: (J. H. Univ.
Studies, 14th Series, Nos. 11-12.)

FREDERIC WILLIAM SPEIRS. Ph.D., 1896; Professor,
University of South Dakota, 1890-1891; Director, Peo-
ple's Institute, Milwaukee, Wis., 1892-1893; Professor,
Drexel Institute, 1893-1898; Professor, Manual Train-
ing School, Philadelphia, 1898-.

An Experiment in behalf of the Unemployed: (Charities Review,
May, 1892.)

The Philadelphia Gas Lease: (Municipal Affairs, Dec., 1897.)

The Street Railway System of Philadelphia: Its History and
Present Condition: (J. H. Univ. Studies, 15th Series, Nos.
3-5.)

Vacant Lot Cultivation: (Charities Review, Apr., 1898.)

Regulation of Cost and Quality of Service as illustrated by
Street Railway Companies: (Annals of American Academy of
Political and Social Science, Supplement to Vol. XV, on Cor-
porations and Public Welfare.)

History, Politics and Economics 129

BERNARD CHRISTIAN STEINER. Fellow, 1890; Ph.D.,
1891: Instructor, Williams College, 1891-1892; Libra-
rian, Enoch Pratt Free Library, Baltimore, 1892-; In-
structor, J. H. U., 1893; Associate, 1894-; Professor
and Dean, School of Law, Baltimore University, 1897-
1900; Dean and Professor, Baltimore Law School, 1900-.

The Political, Social, and Military History of Guilford, Conn.,
1665-1861: (Proc. of the Celebration of the 250th Anniversary
of the Settlement of the Town, Sept. 10, 18S9.)

Governor William Leete and the Absorption of New Haven
Colony by Connecticut: (Annual Report of the American
Historical Association for 1S91.)

University Education in Maryland: (J. H. Univ. Studies, 9th
Series, Nos. 3-4.)

Editor, List of Connecticut Election Sermons: (Historic-Genea-
logical Register, Apr., 1892.)

An Early Conflict in Vermont: (Magazine of American History,
Sept., 1892.)

History of Slavery in Connecticut: (J. H. Univ. Studies, 11th
Series, Nos. 9-10.)

Educational and Literary Institutions of Maryland: (In State
Book prepared for World's Fair, 1893.)

Address at Alumni Reunion of Frederick College, June 22, 1893:
(Catalogue of Frederick College, 1893.)

Seventh and Later Annual Reports of Librarian to the Board of
Trustees of the Enoch Pratt Free Library, 1893-1901.

History of Education in Connecticut: (U. S. Bureau of Educa-
tion, Circulars of Information, No. 14, 1894.)

History of Education in Maryland: (lb., No. 19.)

The Reading of History: (Monthly Notes, Philadelphia Public
Library, July, 1894.)

with S. H. Ranck. Access to the Shelves of Libraries:

(Library Journal, Dec, 1894.)

The Sunday School Library: (The Field Record, Baltimore,
Dec, 1894.)

130 BlBLIOGEAPHY OF

Cokesbury College, the First Methodist Institution for Higher
Education: (Baltimore Methodist, 1895; also printed sepa-
rately.)

Electoral College for the Senate of Maryland: (Annual Eeport
of the American Historical Association for 1895.)

Guilford's Early Libraries: (The Guilford Echo, Nov. 9 and 16,
1895.)

Citizenship and Suffrage in Maryland: (Baltimore, Cushing,
1895.)

Genealogy of the Steiner Family: (Baltimore. 8vo. 1896.)

and S. H. Eanck. Emplacements: (Library Journal,

Sept., 1896.)

Andrew Hamilton and John Peter Zenger: (Penn. Magazine of
History, Oct., 1896.)

Bev. Thomas Bray and his American Libraries: (American
Historical Eeview, Oct., 1896.)

Eeviews of American Historical Literature in the Jahresbericht
der Geschichtswissenschaft, Berlin, 1893-96.

The Protestant Revolution in Maryland: (Annual Eeport of the
American Historical Association for 1897.)

Life and Administration of Sir Eobert Eden: (J. H. Univ.
Studies, 16th Series, Nos. 7-9.)

History of Guilford and Madison, Connecticut: (Baltimore, 1897.
8vo. 538 pp.)

Eeview of Channing and Hart's Guide to the Study of American
History: (Annals of American Academy, Mch., 1897.)

Eeview of Du Bois' Suppression of the African Slave Trade to
the United States: (lb., May, 1897.)

Review of Trent's Southern States of the Old Regime: (lb.,
Vol. IX, No. 1.)

Law Libraries in Colonial Virginia: (Green Bag, Aug., 1897.)

Dr. James Carey Thomas: (J. H. Univ. News-Letter, Dec. 2, 1897.)

List of those who governed Maryland before it was a Eoyal
Province: (Penn. Mag. of History and Biography, 1898.)

History, Politics and Economics 131

Review of Ames' Amendments to the United States Constitution:
McCrady's South Carolina under the Proprietary Government:
(Annals of American Academy for 1898.)

Sunday School Libraries: (Library Journal, July, 1898.)

Rev. Samuel Knox: (In Report of United States Commissioner
of Education for 1898-99.)

Editor, Series of Genealogies of Connecticut Families by Ralph

D. Smith: (New England Historic Genealogical Register, 1898-

1901.)
Colonel Richard Malcolm Johnston: (Conservative Review, Feb.,

1899.)
Library of the Maryland Historical Society: (New Pedagogue,

1899.)

Editor, Annual Reports of Maryland Historical Society, 1899-
1901.

The Institutions and Civil Government of Maryland: (Boston,

Ginn & Co., 1899.)
Early Lutheran Education in America: (Lutheran Quarterly,

Apr., 1899.)
Introduction of English Law into Maryland: (Yale Law Journal,

May, 1899.)
Rev. Thomas Bacon: (The Independent, July, 1899.)

The Restoration of the Proprietary Government in Maryland:
(Annual Report of the American Historical Association for
1899.)

Maryland's Adoption of the Federal Constitution: (American
Historical Review, Oct., 1899; Jan., 1900.)

Editor, Muster Rolls and other Records of Maryland Men in the
Revolutionary War: (Maryland Archives, Vol. XVIII, 1900.)

Cost of Preparation of Books for the Public: (Proc. American
Library Assoc. Convention for 1900.)

Editor, Early Maryland Poetry: (Md. Historical Fund Publica-
tion, No. 36, 1900.)

Use of Libraries: (J. H. U. News-Letter, Feb., 1900.)

Some Unpublished Letters of Dr. Schaff: (Presbyterian and
Reformed Review, Jan., 1901.)

Reports of Yale Alumni Association of Md., 1896-1901.

132 Bibliography of

ANDREW STEPHENSON. Ph.D., 1890; Associate Pro-
fessor, Wesleyan University, 1890-1894; Professor, De
Pauw University, 1894-.

Public Lands and Agrarian Laws of the Koman Kepublic: (J. H.
Univ. Studies, 9th Series, Nos. 7-8.)

A Step in the Transition from Communism to Private Property
in Land: (Proc. 18th Annual Session of Indiana College Assoc,
1894. Crawfordsville, 1895.)

Syllabus of Lectures on European History: (Terre Haute, The
Inland Pub. Co., 1897.)

Syllabus of Lectures and Library Guide in Church History:
(Greencastle, Banner Press, 1896.)

Steps in our National Development; a series of nine articles:
(Inland Educator, Terre Haute, Ind., 1895-1896.)

ISAAC LOBE STRAUS. A. B., 1890; LL. B., Univ. of Md.,
1892; Attorney at Law, Baltimore.

The Tariff the Result of Artificial Conditions: (Baltimore News,
July 27 and 28, 1892.)

Tariff and Wages: (lb., Nov. 2, 1892.)

The Elections Bill and the Constitution: (Baltimore Sun, Nov.
7, 1892.)

The Constitution of Absolutism: (Conservative Beview, Feb.,
1899.)

FREDERICK M. TAYLOR. Graduate Student, 1884; Ph. D.,

University of Michigan, 1888; Professor, Albion Col-
lege, 1879-1892; Lecturer, University of Michigan,
1890-1891; Assistant Professor Political Economy,
1892-1894; Junior Professor, Political Economy and Fi-
nance, 1894-.

The Eight of the State to be: (Ann Arbor, 1891.)

Law of Nature: (Annals of American Academy, April, 1891.)

Do we want an Elastic Currency? (Political Science Quarterly,
1896.)

History, Politics and Economics 133

Objects and Methods of Currency Reform in the United States:
(Quarterly Journal of Economics, 1898.)

Final Eeport of the Indianapolis Monetary Commission: (Jour-
nal of Political Economy, 1898.)

WILLIAM TAYLOR THOM. Ph.D., 1899; Assistant Pro-
fessor, Modern Languages, Kichmond College, 1870-
1872; Professor, English Literature and History, Hollins
Institute, 1879-1884, 1885-1890; Mount Vernon Sem-
inary, 1893-1896; Fellow hy Courtesy, J. H. U., 1896-
1899; Assistant Instructor, English, J. H. U., 1898-1899;
English Literature, Edgeworth School, 1897-1899; His-
tory and English, Marston's University School, 1900-

Shakespeare Study for American Women: (Shakesperiana,
1882.)

Shakespeare and Chaucer Examinations: (Boston, Ginn & Co.,
1887. 2d edition.)

A School of Shakespeare: (Shakesperiana, 1885-1887.)

The Struggle for Religious Freedom in Virginia: The Baptists:
(J. H. Univ. Studies, 18th Series, Nos. 10-12.)

The Negroes of Sandy Spring, Maryland: A Social Study: (U. S.
Dept. of Labor, Bulletin 32, Jan., 1901.)

THADDEUS PETER THOMAS. Ph.D., 1895; Professor,
Woman's College, Baltimore, 1895-1901.

City Government of Baltimore: (J. H. Univ. Studies, 14th Series,
No. 11.)

WILLIAM HOWE T0LMAN. Ph. D., 1891; General Agent,
New York Association for Improving the Condition of
the Poor, 1894-1898; Secretary, Mayor's Committee on
Public Baths, New York; Secretary, League for Social
Service and Director, New York Museum of Social
Economy, 1898-.

University Extension at Brown University: (University Maga-
zine, Feb. and Mch., 1892.)

134 Bibliography of

International Students Associations: (Educational Eeview, Apr.,
1893.)

The Social Unions of Edinburgh and Glasgow: (Charities Re-
view, Apr., 1893.)

The Tee-To-Tum Club: (lb., May, 1893.)

and W. I. Hull. Bibliography of Selected Sociological

References, prepared for the City Vigilance League, New York
City: (New York, 1893.)

Scientific Rescue Mission Work: (The City Vigilant, Mch., 1894.)

Lavatories and Mortuaries: (8th Municipal Conference, New
York City, Apr. 26, 1894.)

Power of the Saloon in Politics: (The Independent, Oct. 4, 1894.)

History of Higher Education in Rhode Island: (U. S. Bureau
of Education Circulars of Information, No. 18, 1894.)

Evils of the Tenement House System: (The Arena, Apr., 1894.)

Municipal Reform Movements: (New York, F. H. Revell Co.,

1S95.)

Fresh-air Work in New York City: (The Chautauquan, Sept.,
1895.)

Half a Century of Improved Housing Effort by the N. Y. Associa-
tion for Improving the Condition of the Poor: (Yale Review,
Nov., 1896.)

Public Baths or the Gospel of Cleanness: (lb., May, 1897.)

Report on Public Baths and Public Comfort Stations: (New
York, 1897.)

New York City's Progress under Mayor Strong: (Review of
Reviews, Jan., 1898.)

Educational Campaigns: (Yale Review, Feb., 1898.)

Cooperation in Delft: (The Outlook, May 21, 1898.)

Some Volunteer War Relief Associations: (Review of Reviews,
Feb., 1899.)

The League for Social Services': (The Arena, Apr., 1899.)

Landscape Gardening for Factory Homes: (Review of Reviews,
Apr., 1899.)

History, Politics and Economics 135

Social Economics at the Paris Exposition: (The Outlook, Oct.
6, 1900.)

Industrial Betterment: Monographs on American Social Econo-
mics; Department of Social Economy for the United States
Commission to the Paris Exposition of 1900.

Pi-ogres Industriel: (Memoires sur L'Economie Sociale Ameri-
caine; Bureau de L'Economie Sociale de la Commission des
Etats-Unis a l'Exposition de Paris 1900.)

What More than Wages: (The Century, December, 1900.)

Que doit le Patron a ses Ouvriers en plus du Salaire: (La Ke-
forme Social, Paris, Jan., 1901.)

WILLIAM PETERFIELD TRENT. Graduate Student, 1887-
1888; Professor, University of the South, 1888-1900;
Professor, Columbia University, 1900-.

English Culture in Virginia: (J. H. Univ. Studies, 7th Series,
Nos. 5-6.)

The Influence of the University of Virginia upon Southern Life
and Thought: (Chapters XI and XV in H. B. Adams' Thomas
Jefferson and the University of Virginia: (U. S. Bureau of
Education, Circulars of Information, No. 1, 1888.)

Our Public Schools. The Attitude of the Roman Catholic Church
towards them: (Christian Union, May 24 and 31, 18S8.)

with H. B. Adams. Greece and Modern Civilization:

(The Chautauquan, Oct., 1888.)

The Position of Women in Ancient Greece: (lb., June, 1889.)

The Period of Constitution-Making in the American Churches:
(In " Essays in the Constitutional History of the United States
in the Formative Period, 1775-1789," edited by J. F. Jameson:
Boston, Houghton & Mifflin, 1889.)

Historical Studies in the South: (Papers of the American His-
torical Association, 1890.)

Notes on Eecent Work in Southern History: (National Maga-
zine, Jan., 1892; also in Proc. of Virginia Hist. Soc, 1892.)

Editor, The Sewanee Eeview, Vols. I- VIII, 1892-1900.

William Gilmore Simms (American Men of Letters): (Boston,
Houghton & Mifflin, 1892.)

136 Bibliography of

The Novels of Thomas Hardy: (Sewanee Eeview, Nov., 1892.)

T. N. Page's The Old South: (lb., Nov., 1892.)

The University of the South. Chapter in L. S. Merriam's History
of Higher Education in Tennessee: (U. S. Bureau of Educa-
tion, Circulars of Information, No. 5, 1893.)

The Eev. Charles Wolfe: (Sewanee Eeview, Feb., 1893.)

The Teaching of English Literature: (lb., May, 1893.)

Note on Elegiac Poetry: (lb., Aug., 1893.)

University Extension in the South: (University Extension, Nov.,
1893.)

Mr. Goldwin Smith on the United States: (Sewanee Eeview,
Nov., 1893.)

The Popular Presentation of Literature: (University Extension,
1894.)

Mr. Crawford's Novels: (Sewanee Eeview, Feb., 1894.)

The Opportunity of the Mugwump: (lb., Nov., 1894.)

A Noteworthy Biography (Leonidas Polk) : (Sewanee Eeview,
Nov., 1894.)

Some Translations from Horace: (lb., Nov., 1894.)

Introduction and Notes to Milton's L'Allegro, II Penseroso, etc.:
(New York, Longmans, Green & Co., 1895.)

Eecent Translations from the Classics: (Atlantic Monthly, Feb.,
1895.)

Bartlett's Concordance of Shakespere: (Sewanee Eeview, Feb.,
1895.)

Mr. Brander Matthews as a Critic: (lb., May, 1895.)

Popular Dislike of England: (lb., Aug., 1895.)

The Art of Thomas Hardy: (lb., Aug., 1895.)

Fitz-Gerald's Letters to Fanny Kemble: (lb., Nov., 1895.)

The Study of Southern History: (Vanderbilt Southern History
Society, Nashville, 1895. 24 pp.)

Southern Statesmen of the Old Eegime: (New York, T. Y.
Crowell. 12mo. 1896.)

History, Politics and Economics 137

Matthew Arnold's Letters: (Sewanee Review, Feb., 1896.)

Two Books on English Poetry: (lb., Feb., 1896.)

Mr. Thomas Hardy: (The Citizen, Feb., 1896.)

The Case of Josiah Philips: (American Historical Review, Apr.,
1896.)

Mr. Payne's "Little Leaders": (Sewanee Review, May, 1896.)

Professor MahafEy on "International Jealousy": (lb., May,
1896.)

A Conversation in Hades: (Sewanee Review, May, 1896.)

Mark Twain as an Historical Novelist: (The Bookman, May,
1896.)

Saintsbury's History of Nineteenth Century Literature: (Edu-
cational Review, June, 1896.)

Theodore Roosevelt as an Historian: (The Forum, July, 1896.)

Teaching the Spirit of Literature: (Atlantic Monthly, Sept.,
1896; also in Papers of National Educ. Assoc, 1896.)

On Completing the Fiftieth Volume of Balzac: (Atlantic
Monthly, Oct., 1896.)

Anthony Trollope: (The Citizen, Nov., 1896.)

Introduction and Notes to Macaulay's Essays on Milton, Addi-
son, Johnson, and Goldsmith: (Riverside Literature Series,
Boston, Houghton & Mifflin, 1897.)

John Milton: (Sewanee Review, Jan., 1897.)

Benjamin Franklin: (McClure's Magazine, Jan., 1897.)

Dr. Eggleston on American Origins: (The Forum, Jan., 1897.)

Dominant Forces in Southern Life and Character: (Atlantic
Monthly, Jan., 1897.)-

George Washing-ton: (McClure's Magazine, Feb., 1897.)

Table-Rapping on the Stage (Sardou's Spiritisme) : (Sewanee
Review, Apr., 1897.)

Tendencies of Higher Life in the South: (Atlantic Monthly,
June, 1897.)

Hall Caine's " The Christian ": (The Churchman, Sept. 11, 1897.)

138 BlBLIOGEAPHT OF

Introductions to Selections from Franklin, Washington and Jef-
ferson in Carpenter's American Prose: (New York, The Mac-
millan Co., 1898.)

The Greek Elegy: (Sewanee Eeview, Jan., 1898.)

Tennyson and Musset Once More: (The Bookman, Apr., 1898.)

The Nature of Literature: (Sewanee Eeview, Apr., 1898.)

The Curious History of a Famous Poem: (Alkahest, Apr., 1898.)

Eecent Histories of Literature: (The Forum, Apr., 1898.)

The Roman Elegy: (Sewanee Eeview, July, 1898.)

In re Imperialism. Some Phases of the Situation: (Sewanee

Eeview, Oct., 1898.)
The Byron Eevival: (The Forum, Oct., 1898.)

Introduction to Souvestre's Attic Philosopher: (New York, T. Y.
Crowell & Co., 1899.)

John Milton, A Short Study of his Life and Works: (N. Y., The
Macmillan Co., 1899.)

Introduction to Daudet's Le Petit Chose, La Petite Paroisse,
L'Evangeliste, and the Tartarin Books in Little-Brown's Series
of Daudet's Novels, 1899-1900.

The Authority of Criticism and other Essays: (New York,
Scribner's Sons, 1899.)

Introduction to Eostand's Cyrano de Bergerac: (New York,
T. Y. Crowell & Co., 1899.)

Verses: (Philadelphia, The Alfred M. Slocum Co., 1899.)

Eobert E. Lee (" Beacon Biographies ") : (Boston, Small, May-
nard & Co., 1899.)

The Authority of Criticism: (The Forum, April, 1899.)

Milton's Master Poems: (Protestant Episcopal Eeview, Apr. and
May, 1899.)

Cosmopolitanism and Partisanship: (Sewanee Eeview, July,
1899.)

Mackail's Life of William Morris: (Sewanee Eeview, Oct., 1899.)

Mr. McCarthy's Eeminiscences: (The Forum, Nov., 1899.)

The Poetry of the American Plantations: (Sewanee Eeview,
Dec, 1899, and Jan., 1900.)

History, Politics and Economics 139

Introduction to the Works of H. de Balzac; 32 toIs.: (New York,
T. Y. Crowell, 1900.)

Introduction to Historic Towns of the Southern States: (New
York, G. P. Putnam's Sons, 1900.)

Introduction to Stevenson's Poems: (New York, Crowell, 1900.)

Stevenson's Letters: (The Churchman, Feb. 3, 1900.)

Some Eecent Balzac Literature: (International Monthly, Mch.,
1900.)

Mr. Stephen Phillips' Play: (The Forum, Mch., 1900.)

American Literature since 1880: (The Dial, May 1, 1900.)

Poe's Bank as a Writer: (East and West, Aug., 1900.)

Gleanings from an Old Southern Newspaper: (Atlantic Monthly,
Sept., 1900.)

Mr. Frederic Harrison's New Essays: (The Forum, Sept., 1900.)

War and Civilization: (New York, Crowell, 1901.)

Introduction to Colonial Prose and Poetry (with B. W. Wells):
(New York, Crowell, 1901.)

Progress of the United States in the Nineteenth Century: (Lin-
scott's Nineteenth Century Series. Toronto, Philadelphia and
London, The Bradley Garretson Co., 1901.)

A New South View of Reconstruction: (Sewanee Beview, Jan.,
1901.)

American Literature throughout the Century: (Century Sup-
plement of the New York Evening Post, Jan. 12, 1901; also in
" The Nineteenth Century," G. P. Putnam's Sons.)

Balzac's Eugenie Grandet: (The Chautauquan, May, 1901.)

RALPH WALDO TRINE. Graduate Student, 1890-1891.

The Life Books: (1) What All the World's A-Seeking: (Bos-
ton, G. H. Ellis, 1896. 12mo) ; (2) In Tune with the Infinite:
(New York, T. Y. Crowell & Co., 1897).

The Life Booklets: (1) Every Living Creature, or Heart Training
through the Animal World; (2) Character-Building Thought
Power; (3) The Greatest Thing Ever Known: (New York,
Crowell, 1899. 16mo).

140 Bibliography of

Humane Education: Its Place and Power in Early Training:
(The Coming Age, Apr., 1899.)

FREDERICK JACKSON TURNER. Ph. D., 1890; Assistant
Professor, University of Wisconsin, 1889; Professor,
American History, 1891; Director of the School of His-
tory, 1900-.

Wisconsin. Historical and Statistical Matter of the Article in
Encyclopaedia Britannica, Vol. XXIV: (New York, Scribner,

1888.)

Outline Studies in the History of the Northwest: (Chicago,
C. H. Kerr & Co., 1888.)

The Character and Influence of the Fur Trade in Wisconsin:
(Proc. 36th Annual Meeting of the State Historical Society,
Madison, 1889.)

The Character and Influence of the Indian Trade in Wisconsin:
(J. H. Univ. Studies, 9th Series, Nos. 11-12.)

Significance of the Frontier in American History: (Annual Re-
port of the American Historical Association for 1893; also
Proc. of the State Historical Society of Wisconsin, 1894.)

Associate Editor, Bulletin of the University of Wisconsin:
(Economics, Political Science and History Series) since 1894.

Selections from the Draper Collection in the possession of the
State Historical Society of Wisconsin, to elucidate the pro-
posed French expedition under George Rogers Clark against
Louisiana, in the years 1793-1794: (Annual Report of the
American Historical Association for 1896.)

Western State-Making in the Revolutionary Era: (American
Historical Review, Oct., 1895; Jan., 1896.)

The Problem of the West: (Atlantic Monthly, Sept., 1896.)

The Rise and Fall of New France: (The Chautauquan, 1896.)

The West as a Field for Historical Study: (Annual Report of
the American Historical Association for 1896; also Proc. Wis-
consin State Historical Society, 1897.)

The Mangourit Correspondence in respect to Genet's projected
Attack upon the Floridas, 1793-1794: (Annual Report of the
American Historical Association for 1897.)

History, Politics and Economics 141

Dominant Forces in Western Life: (Atlantic Monthly, April,
1897.)

Origin of Genet's projected Attack on Louisiana and the Floridas:
(American Historical Keview, July, 1898.)

THORSTEIN B. VEBLEN. Graduate Student, 1881-1882;
Ph. D., Yale, 1884; Assistant Professor, Political Econ-
omy, University of Chicago, 1890- ; Managing Editor,
Journal of Political Economy.

Kant's Critique of Judgment: (Journal of Speculative Phil-
osophy, July, 1884.)

Some Neglected Points in the Theory of Socialism: (Annals of
American Academy, Nov., 1891.)

The Price of Wheat since 1867: (Journal of Political Economy,
Dec, 1892.)

Warschauer's Geschichte des Socialismus und Communismus im
19 Jahrhundert, and Kirkup's History of Socialism: (lb.,
Mch., 1893.)
The Food Supply and the Price of Wheat: (lb., June, 1893.)
Baden-Powell's Land System of British India: (lb., Dec, 1893.)

Kautzky's " Parlamentarismus, Volksgesetzgebung und Sozial-
demokratie," and Bear's "Study of Small Holdings": (lb.,
Mch., 1894.)

Gustav Cohn's Science of Finance (Translation of " System der
Finanzwissenschaft ": (Economic Studies, University of Chi-
cago, No. 1, 1895.)

Calwer's Einfuhrung in den Sozialismus; Molinari's La Viricul-
ture: (Journal of Political Economy, Mch., 1897); Sombart's
Socialismus und sociale Bewegung im 19. Jahrhundert; Lab-
riola's Conception materialiste de l'histoire: (lb., June, 1897.)

The Instinct of Workmanship and the Irksomeness of Labor:
(American Journal of Sociology, Vol. IV, No. 2.)

Why is Economics not an Evolutionary Science? (Quarterly
Journal of Economics, July, 1898.)

The Beginnings of Ownership: (American Journal of Sociology,
Nov., 1898.)

The Barbarian Status of Women: (lb., Jan., 1899.)

142 BlBLIOGKAPHY OF

The Theory of the Leisure Class: (New York, Macmillan.
12mo. 1899.)

Preconceptions of Economic Science: (Quarterly Journal of
Economics, Jan., 1899; July, 1899; Feb., 1900.)

Mr. Cummings' Strictures on the " Theory of the Leisure Class ":
(Journal of Political Economy, Dec, 1899.)

Lassalle's Science and the Workingman (Translation) : (New
York, International Lib. Pub. Co., 1901.)

JOHN MARTIN VINCENT. Ph.D., 1890; Instructor and
Associate, 1890-1895; Associate Professor, 1895-

On the Manuscripts of Professor J. C. Bluntschli, of Heidelberg,
in the Library of the Johns Hopkins University: (J. H. Univ.
Circulars, Vol. V, p. 59, 1886.)

A Study in Swiss History: (Papers of the American Historical
Assoc, Vol. Ill, No. 1, 1888. Also separately printed.)

New Books relating' to Switzerland in the Historical Library of
the Johns Hopkins University: (J. H. Univ. Circulars, Vol.
VII, p. 22, 1888.)

A Western Ambassador at Constantinople: (Overland Monthly,
Apr., 1888.)

Literaturbericht liber " Nordamerika seit 1762 ": (Jahresbericht
der Geschichtswissenschaft, Berlin, 1888, 1889, 1890, 1891.)

The Swiss Cabinet: (The Nation, Feb. 6, 1890.)

, H. B. Adams, and others. Seminary Notes on Kecent

Historical Literature: (J. H. Univ. Studies, 8th Series, Nos.
11-12, 1890.)

State and Federal Government in Switzerland: (lb., Extra Vol.
IX. 250 pp.)

Switzerland, 1291-1891: (The Nation, 1891.)

Politics and History at Vienna: (lb., Dec 10, 1891.)

Constitutional Reform in Belgium: (lb., Mch. 10, 1892.)

P. J. Proudhon, seine Lehre und sein Leben, von Dr. Karl Diehl.
Zweite Abtheilung: (Annals of American Academy, Vol. II,
1892.)

History, Politics and Economics 143

Contributions toward a Bibliography of American History, 1888-
1892: (Annual Report of the American Historical Association
for 1893.)

Editor, " Evolution in Science and Revolution in Religion, with
other Addresses " by W. D. Ball: (Philadelphia. 12mo. 1893.)

Chronique du Mouvement Social aux Etats-Unis: (Revue Inter-
nationale de Sociologie, Nov.-Dec, 1S93.)

Emerton's Mediaeval Europe: (Educational Review, June, 1895.)

Introduction to C. D. Hazen's Translation of Borgeaud's Etab-
lissement et Revision des Constitutions en Amerique et en
Europe: (New York, Macmillan. 12mo. 1895.)

Chronique du Mouvement Social aux Etats-Unis: (Revue Inter-
nationale de Sociologie, 1895.)

Constitution of the Kingdom of Belgium, translated and supplied
with an introduction and notes: (Annals of American Acad-
emy, 1896.)

Lightfoot's Historical Essays: (Annals of American .Academy,
Mch., 1896.)

Le Mouvement Social aux Etats-Unis en 1896: (Revue Inter-
nationale de Sociologie, 1897.)

Woman under Monasticism, by Lina Eckstein: (American His-
torical Review, Vol. II, p. 120, 1897.)

The Historical Seminary of the Johns Hopkins University: (In
President Gilman's " Twenty Years of Retrospect," 1896, and
in University Register, 1896-1897.)

Chronique du Mouvement Social aux Etats-Unis: (Revue In-
ternationale de Sociologie, Dec, 1898.)

Municipal Government in the Twelfth Century: (Annual Report
of the American Historical Assoc, for 1896.)

Student Life in the Middle Ages: (J. H. Univ. News-Letter,
Apr. 12, 1899.)

Deutsche Wirthschaftsgeschichte in den letzten Jahrhunderten
des Mittelalters. Erster Theil, by K. F. von Inama-Sternegg:
(Political Science Quarterly, Vol. XV, p. 335, 1900.)

Government in Switzerland: (New York, Macmillan, 1900. 12mo.
370 pp.)

144 Bibliography of

Switzerland at the Beginning of the Sixteenth Century: Intro-
ductory Essay in " Huldreich Zwingli," by Samuel Macauley
Jackson: (New York, Putnam, 1901.)

An International Episode: (J. H. Univ. News-Letter, Mch. 21,
1901.)

FREDERICK C. WAITE. Graduate Student, 1890-1892;
Statistician, Department of Labor, 1892.

The Mortgage Question: (The Globe, Dec. 8, 1892.)

Prices and Wages: A Dissection of the Senate Finance Com-
mittee's Great Eeport as interpreted by its Statistician and by
Hon. C. D. Wright: (Washington, 1894.)

GEORGE WASHINGTON WARD. Ph. D., 1897; Professor,
Western Maryland College, 1890-.

Dates by Name: (Baltimore. 16mo. 1892.)

Notes in History: (1) The Eastern Civilizations and Greece;
(2) Pome; (3) Origin and Development of Modern European
Nations: (Baltimore, Dulany, 1897.)

The Early Development of the Chesapeake and Ohio Canal Pro-
ject: (J. H. Univ. Studies, 17th Series, Nos. 9-11.)

f AMOS GRISWOLD WARNER. Fellow, 1886; Ph. D., 1888;
Lecturer, 1888-1889; General Secretary, Charity Or-
ganization Society, Baltimore, 1887-1889; Professor,
University of Nebraska, 1889-1891; Superintendent of
Charities in the District of Columbia, 1891-1893; Lec-
turer, J. H. U., 1892-1893; Professor, Stanford Univer-
sity, 1893-1900. Died Jan. 18, 1900.

Le Play's Studies in Social Phenomena: (Popular Science
Monthly, Oct., 18S6.)

The Charities of Baltimore: (Report published by Charity
Organization Society, 1887.)

Sketches from Territorial History: (Eeports of the Nebraska
State Historical Society, Vol. II, Lincoln, 1887.)

A Nest of Wild Cats (Wild Cat Banks in Nebraska) : (Overland
Monthly, Aug., 1887.)

History, Politics and Economics 145

Three Phases of Cooperation in the West: (Pubs, of American
Economic Association, Vol. II, No. 1, 1887.)

L'Organisation de la Charite aux Etats-Unis: (La Reforme
Sociale, Jan. 15, 1888.)

Rural Poor Administration in German y: (International Record
of Charities and Corrections, Aug., 1888.)

The West: (In "The History of Cooperation in the U. S."
J. H. Univ. Studies, 6th Series, 1888.)

Notes on the Statistical Determination of the Causes of Poverty:
(Pubs, of the American Statistical Assoc, New Series, No. 5,
Mch., 1889.)

Economic Notes regarding Luxury: (Proc. of American Assoc,
for the Advancement of Science, Vol. 38. Salem, 1889.)

Our Charities and our Churches. Paper presented at the 16th
Annual Conference of Charities and Corrections at San Fran-
cisco: (Proceedings of the Conference, Boston, 1889.)

Anti-poverty Cure-alls: (College and School, Dec, 1889.)

Charities: (Notes Supplementary to the J. H. Univ. Studies, No.

7, 1889.)
Scientific Charity: (Popular Science Monthly, Aug., 1889.)
Concerning Corporation Law: (lb., July, 1890.)

Some Experiments on Behalf of the Unemployed: (Quarterly
Journal of Economics, Oct., 1890.)

Political Science in American State Universities. Address before
Neb. State Hist. Soc, Jan. 9, 1889: (Transactions and Reports
of the Society, Vol. Ill, Lincoln, 1891.)

Railway Problems in a Western State: (Political Science Quar-
terly, Mch., 1891.)

Political Economy in Academies and High Schools: (The Con-
gregationalism Mch. 19, 1891.)

Barwick's " War with Crime " and Ellis' " The Criminal ":
(Political Science Quarterly, Vol. V, No. 3.)

State Railroad Commissions: (Annals of American Academy,

May, 1892.)
German Labor Colonies: (Quarterly Journal of Economics, July,

1892.)

146 BlBLIOGKAPHY OF

Cooperation with Public Authorities: (Charities Review, Nov.,
1S92.)

Organized Charity: (Lend a Hand, Dec., 1892.)

American Charities: A Study in Philanthropy and Economics:
(New York, Crowell, 1894. 12mo.)

The Causes of Poverty further considered: (American Statis-
tical Assoc, Sept., 1S94.)

Something on Eeformation: (Charities Eeview, Nov., 1895.)

The World in Eeview: (North Western Monthly, Sept.-Oct., 1897.)

CHARLES CLINTON WEAVER. Fellow, 1899; Ph.D.,
1900; President, Rutherford College, 1900-.

The North Carolina Manumission Society: (Annual Publication
of the History Society of Trinity College, Series I, 1897.)

Greensboro Female College before the War: (The Trinity Ar-
chive, Nov., 1896.)

Bismarck: (Conservative Eeview, May, 1899.)

Public Libraries: (Charleston Daily Observer, Nov. 21, 1897.)

STEPHEN BEAUREGARD WEEKS.' Ph.D., 1891; In-
structor, University of North Carolina, 1887-1888; Pro-
fessor, Trinity College, 1891-1893; Editor, U. S. Bureau
of Education, 1894-1899; Teacher, Indian School,
Santa Fe, N. M., 189 9-.

Editor, Eegister of Members of the Philanthropic Society insti-
tuted in the University of North Carolina: (3d and 4th edi-
tions. Ealeigh, 1886-1887.)

Duels in North Carolina and among North Carolinians: (Char-
lotte Home-Democrat, Dec. 23, 1887; revised, June 15, 1888;
again revised and republished in Magazine of American His-
tory, Dec, 1891.)

Editor, Memorial Biographies of the Confederate Dead of the
University of North Carolina: (A series of sketches running
through successive numbers of the N. C. University Magazine,
Vol. VII, 1887-1888; Vol. VIII; Vols. IX, X.)

History, Politics and Economics 147

A History of the Young Men's Christian Association Movement
in North Carolina, 1857-1888: (Raleigh, 18S8.)

Blackbeard, the Corsair of Carolina: (N. C. University Maga-
zine, Vol. VIH, 1888-1889.)

Smith's History of Education in North Carolina: (Raleigh News
and Observer, Feb. IS, 1889.)

Ralph Lane, Governor of Roanoke, 1585-1586: (N. C. University
Magazine, Vol. IX, 1889-1890.)

John White, Governor of Roanoke, 1587: (lb.)

Thomas Godfrey and the Prince of Parthia: (Raleigh News and
Observer, Feb. 18, 1890.)

German Socialism: (Raleigh Daily State Chronicle, July 13,
1890.)

Presidential Electors of North Carolina, 17S9-1SS9: (Raleigh
News and Observer, Sept. 19, 1890.)

Schenck's North Carolina, 1780-1781: (J. H. Univ. Studies, 8th
Series, 1890.)

The Press of North Carolina in the Eighteenth Century:
(Brooklyn, Historical Printing Club, 1891.)

Raleigh's Settlements on Roanoke Island: An Historical Survival:
(Magazine of American History, Feb., 1891.)

The Slave Insurrection in Virginia, 1831, known as " Old Nat's
War ": (lb., June, 1891.)

Johns Hopkins Hospital: (Raleigh Christian Advocate, Sept. 2,
1891.)

Northeastern North Carolina, Old and New: (Raleigh Christian
Advocate, Sept. 23, 1891.)

The First Libraries in North Carolina: (The Trinity Archive,
Oct., 1891.)

The Lost Colony of Roanoke: Its Fate and Survival: (Papers
of the American Historical Association, Vol. V, 1891.)

The Religious Development in the Province of North Carolina:
(J. H. Univ. Studies, 10th Series, Nos. 5-6.)

The Renaissance: A Plea for the Trinity College Library:
(Trinity Archive, Feb., 1892.)

148 Bibliography of

A Bibliography of North Carolina's Historical Literature: (The
Southern Educator, Feb., Mch., Apr., July, Aug., 1892.)

William Drummond, First Governor of North Carolina, 1664-1667:
(National Magazine, Apr., 1892; also in Southport (N. C.)
Leader, May 4, 11, 1893.)

John Lawson and John Brickell, Early Historians of North Caro-
lina: (Trinity Archive, Sept., 1892.)

Commission of Daniel Akehurst as Secretary of the Province of
North Carolina, 1693: (National Magazine, Aug., 1892.)

Henry Lawson Wyatt, the First Confederate Soldier killed in
Battle: (lb., Nov., 1892.)

Some Notes on the Early History of the Quakers in North Caro-
lina: (Trinity Archive, Jan., 1893.)

John Archdale and some of his Descendants: (Magazine of
American History, Feb., 1893.)

George Durant not a Quaker: (Trinity Archive, Feb., 1893.)

Church and State in North Carolina: . (J. H. Univ. Studies, 11th
Series, Nos. 5-6.)

Clement Hall, the First Native North Carolina Author, and
Thomas Godfrey, the First American Dramatist: (Trinity
Archive, May, 1893.)

Some Notes on the History and Status of Negro Suffrage:
(Southern Educator, Durham, May 30, 1893.)

The Convent of La Kabida: (Christian Advocate, Baleigh, Oct.
18, 1893.)

Critical Essay on the Sources of Information for Methodist
History in North Carolina: (Christian Advocate, Dec. 13, 1893.)

Editor, The History of Methodism in North Carolina up to the
Organization of the N. C. Conference. I. From 1773 to 1800,
by Kobert H. Willis; II. 1800-1S37, by J. A. Baldwin: (lb., Dec.
13, 1893 to April 4, 1894.)

Green Hill and the First Conference in North Carolina: (lb.,
Apr. 11, 1894.)

The University of North Carolina in 1805: (N. C. University
Magazine, Mch.-Apr., 1894.)

Polk's Leonidas Polk, Bishop and General: (Annals of American
Academy, Sept., 1894.)

History, Politics and Economics 149

A Bibliography of the Historical Literature of North Carolina:
(Harvard University Bulletin, May-Oct., 1893, and Jan.-May,
1894. Also as Harvard University Bibliographical Contribu-
tion, No. 48, 1895.)

Negro Suffrage in the South: (Political Science Quarterly, Dec,
1894; also separate.)

General Joseph Martin and the War of the Revolution in the
West: (Annual Report of the American Historical Associa-
tion for 1893. Also separate.)

Roosevelt's Winning of the West. Vol. 3: (Annals of the Amer-
ican Academy, Nov., 1895.)

Otken's Ills of the South: (Annals of American Academy, May,
1895.)

Preliminary List of American Learned and Educational Socie-
ties: (Report U. S. Commissioner of Education for 1893-1894.
Washington, 1896.)

List of American Summer Schools: (Report of U. S. Commis-
sioner of Education for 1894-1895. Washington, 1896; also
separate.)

English Methods of Teaching American History: (Report of
U. S. Commissioner of Education for 1894-1895. Washington,
1896; also separate.)

Libraries and Literature in North Carolina in the Eighteenth
Century: (Annual Report of the American Historical Associa-
tion for 1895; also separate.)

Southern Quakers and Slavery: (J. H. Univ. Studies, Extra Vol.
XV, 1896.)

The University of North Carolina in the Civil War: (Southern
Historical Society Papers, Richmond, 1896; also separate.)

Bruce's Economic History of Virginia in the Seventeenth Cen-
tury: (Yale Review, May, 1896.)

Co-Editor, Publications Southern History Association, Washing-
ton, D. C, Vols. I-IV, 1897-1900.

Book Notes, Book Reviews, Historical Notes, etc., in Publications
Southern History Association; Vols. I-IV, 1897-1900; Vol. I, pp.
77-88, 139-155, 226-239, 296-319; Vol. II, pp. 51-80, 174-213, 285-307,
350, 372; Vol. Ill, pp. 41-83, 136-140, 142, 144-152, 157, 168, 228-
249, 252-254, 257, 258, 260, 261, 263-265, 337-338, 346-359; Vol. IV,
pp. 27-28, 60, 132-134, 136, 213-214, 221-222, 224, 277-279, 360-364,
370, 374, 376, 377, 386-388, 485-486, 491, 496-498, 506.

150 Bibliography of

Promotion of Historical Studies in the South: (lb., Vol. I, No.
1, Jan., 1897.)

Editor, Extracts from Bishop Spangenberg's Journal. Introduc-
tion and Notes: (lb., Vol. I.)

Art Decorations in School Rooms: (Report of U. S. Commis-
sioner of Education, 1895-1896; also separate. Washington,
1897.)

•Du Bois' Suppression of the African Slave Trade to the United
States of America, 1638-1870: (American Historical Review,
Apr., 1897.)

Beginnings of the Common School System in the South, or
Calvin Henderson Wiley and the Organization of the Common
Schools of North Carolina: (Report of U. S. Commissioner of
Education for 1896-1897; also separate. Washington, 1898.)

Wiley and Common Schools: (Report of North Carolina Super-
intendent of Public Instruction, 1896-1898. Raleigh, 1898.)

Some North Carolina Traditions: (N. C. Journal of Education,
Mch., 1898.)

Bibliography of Richard Malcolm Johnston, with Literary Esti-
mate by E. C. Stedman: (Pubs. Southern History Assoc, Oct.,
1898; also separate.)

Anti-Slavery Sentiment in the South: (lb., Apr., 1898.)

Editor, Edward Moseley by J. F. Shinn: (Pubs. Southern His-
tory Assoc., Jan., 1899.)

Editor, The Texan Expedition again Mier. The Petition of Gen-
eral Thomas J. Green. Introduction and Notes: (lb., Vol.
Ill, 1899.)

Editor, The Personnel of the North Carolina Convention of 1788.
Introduction and Notes: (lb.)

Editor, History of the Salisbury (N. C.) Confederate Prison by
A. W. Mangum. Introduction and Notes: (lb.)

Editor, Journal of Thomas Nicholson. Introduction and Notes:
(lb., Vol. IV, 1900.)

Editor, Southern Revolutionary Frontier Life by Wm. Martin.
Introduction: (lb.)

Highlanders in America: (lb.)

History, Politics and Economics 151

Confederate Text -books (1861-1865). A Preliminary Bibliog-
raphy: (Report U. S. Commissioner of Education for 1898-
1899. As a separate: Washington, Gov. Pr. Of., 1900. Intended
as an appendix to the Historj' of Education in the Southern
States during the Civil War. Now in preparation for the U. S.
Bureau of Education.)

Sketches of Prominent Southern Men and Women, mostly North
Carolinians, but including a few Marylanders, South Carolin-
ians, Georgians, Tennesseeans and Mississippians: (White's
Cyclopaedia of American Biography, New York, 1892-1900.)

Forty Notes on Books dealing with Southern History, mostly
North Carolinians, but including a few volumes on Va., S. C,
Tenn., Ga., and Ala.: (lies' Annotated Bibliography of Ameri-
can History, edited by J. N. Earned.)

WILLIAM ACHENBACH WETZEL. Ph.D., 1895; Prin-
cipal, Public Schools, Pen Argyl, Pa., 1896-1901; Prin-
cipal, Trenton, N. J., High School, 1901-.

Benjamin Franklin as an Economist: (J. H. Univ. Studies, 13th
Series, No. 9.)

MERRICK WHITC0MB. Graduate Student, 1892-1893;
Professor of History, Highland Park Normal College,
1894-1895; Instructor, Modern History, University of
Pennsylvania, 1895-1900; Professor of History, Univer-
sity of Cincinnati, 1900-; Secretary of Association of
Colleges and Schools of the Middle States and Maryland,
1899-1900; Dean of Academic Department, University
of Cincinnati, 1901-.

Editor of " To-Day," Philadelphia.

The New Criminology: (To-Day, May, 1894.)

Source-Book of the Eenaissance: (Philadelphia, University of
Pennsylvania, 1900.)

LEWIS WEBB WILHELM. A. B., 1880; Fellow, 1883;
Ph. D., 1884; Vice-Principal and Mathematical Master,
Deichmann School, Baltimore, 1887-.

Sir George Calvert, Baron of Baltimore: (Maryland Historical
Society. Fund Publication, No. 20, 1884.)

152 Bibliography of

Origin and Decay of Mediaeval Gilds: (Overland Monthly, Apr.,

1883.)

Avalon, the Precursor of Maryland: (Overland Monthly, July,
1883.)

The Poll Tax in Maryland: (Magazine of American History,
Jan., 1884.)

Local Institutions of Maryland: (J. H. Univ. Studies, 3d Series,
Nos. 5-7.)

HENRY WINSLOW WILLIAMS. A. B., 1883; Attorney at
Law, Baltimore.

The Validity of Contracts and Franchises held by Quasi-Public
Municipal Corporations: (American Law Review, Sept. and
Oct., 1892.)

Money and Bank Credits: (Annals of American Academy, Jan.,
1895.)

An Inquiry into the Nature and Law of Corporations: (Ameri-
can Law Eegister, Jan., Feb., Mch., 1899.)

fWILLIAM KLAPP WILLIAMS. A. B., 1886; Ph. D., 1889;
Died, June 4, 1897.

The Communes of Lombardy from the Sixth to the Tenth Cen-
tury: (J. H. Univ. Studies, 9th Series, Nos. 5-6.)

The Dawn of Italian Independence: (Atlantic Monthly, Apr.,
1893.)

WILLIAM FRANKLIN WILLOUGHBY. A. B., 1888; Ex-
pert, U. S. Department of Labor, Washington, D. C,
1890-; Lecturer, Johns Hopkins University, 1900-1901;
Lecturer, Harvard University, 1900.

— and W. W. Willoughby. Notes on United States Govern-

ment and Administration: (Baltimore, Dulany & Co., 1889.)

Child Labor. Prize Essay: (American Economic Assoc, Vol.
V, No. 2, 1890.

State Activities and Politics: (Papers of the American Histor-
ical Association for 1891.)

Histoey, Politics and Economics 153

and W. W. Willoughby. Government and Administra-
tion of the United States: (J. H. Univ. Studies, 9th Series,
Nos. 1-2.)

Statistical Publications of the U. S. Government: (Annals of
the American Academy, Sept., 1891.)

Statistique des Accidents des Employes de Chemins de Fer aux
Etats-Unis: (Congres International des Accidents du Travail
a Milan du ler au 6 October, 1894.)

and W. W. "Willoughby. Schools for Eecruiting the

Civil Service in France and an Account of the Civil Service
Kequirements in Prussia: (Annual Report of the U. S. Com-
missioner of Education, 1891-1892. Washington, 1895.)

The Musee Social in Paris: (Annals of the American Academy,
Jan., 1896.)

Industrial Communities: (Bulletin of U. S. Department of
Labor, 1895-1896.)

Government Publications: (Yale Eeview, Aug., 1896.)

The Societes de Secours Mutuels of France: (lb., Aug., 1897.)

Insurance against Unemployment: (Political Science Quarterly,
Sept., 1897.)

L'inspection des fabriques et des ateliers aux Etats-Unis: (Con-
gres International des accidents du Travail, Bruxelles, 1897.)

La Legislation du Travail aux Etats-Unis: (lb.)

Working-man's Insurance: (New York, Crowell, 1898. 12mo.)

The Concentration of Industry in the United States: (Yale Re-
view, May, 1898.)

The French Workmen's Compensation Act: (Quarterly Journal
of Economics, July, 1898.)

The Study of Practical Labor Problems in France: (lb., Apr.,

1899.)
Workingmen's Insurance: (In " Progress," 1899, Chicago.)

The Modern Movement for the Housing of the Working Classes
in France: (Yale Review, Nov., 1899.)

La protection des ouvriers contre les accidents du travail aux
Etats-Unis: (Congres International des Accidents du Tra-
vail, Paris, 1900.)

154 BlBLIOGEAPHT OF

La question du logement de la classe ouvriere aux Etats-Unis:
(Cong-res International des Habitations a bon Marche, Paris,
1900.)

Bureaus of Labor Statistics: (No. V, Monographs on American
Social Economics, Paris Exposition, 1900.)

Employment Bureaus: (No. VI, lb.)

Inspection of Factories and Workshops: (No. VII, lb.)

Inspection of Mines: (No. VIII, lb.)

Kegulation of the Sweating System: (No. IX, lb.)

Industrial Arbitration and Conciliation: (No. X, lb.)

Building and Loan Associations: (No. XI, lb.)

The General Savings and Old Age Pension Bank of Belgium:
(Journal of Political Economy, Mch., 1900.)

Foreign Labor Laws: (Bulletin of U. S. Dept. of Labor, 1899-
1900, 1901.)

Accidents to Labor as regulated by Law in the United States:
(Bulletin of U. S. Dept. of Labor, Jan., 1901.)

Mine Labor as regulated by Law in the United States: (Contri-
bution to the Mineral Industry: Its Statistics and Technique.)

State Activities in Belation to Labor in the United States: (J.
H. Univ. Studies, 19th Series, Nos. 4-5.)

Labor Legislation in France under the Third Eepublic: (Quar-
terly Journal of Economics, May, 1901.)

WESTEL W00DBTJKY WILLOUGHBY. A. B., 1888; Fel-
low, 1890; Ph. D., 1891; Acting Professor, Stanford Uni-
versity, 1894-1895; Reader and Associate, Johns Hop-
kins University, 1894-1899; Associate Professor, 1899-.

and W. F. Willoughby. Notes on United States Govern-
ment and Administration: (Baltimore, Dulany & Co., 1889.)

The Supreme Court of the United States: (J. H. Univ. Studies,
Extra Vol. VII. 124 pp.)

and W. F. Willoughby. Government and Administra-
tion of the United States: (lb., 9th Series, Nos. 1-2.)

History, Politics and Economics 155

History of Summer Schools in the United States: (Chap. XXIX,

Eeport of the U. S. Commissioner of Education, 1S91-1892.)
Civil Service in Prussia: (lb.)

A National* Department of Health: (Annals of the American
Academy, Sept., 1893.)

The New School of Criminology: (American Journal of Politics,
May, 1893.)

The Penalties of a Higher Life: (The Sequoia, Stanford Uni-
versity, Feb. 1, 1895.)

An Examination of the Nature of the State: (New York, Mac-
millan, 1896. Svo. pp. xii+44S.)

Seeley's Introduction to Political Science: (Political Science
Quarterly, Sept., 1896.)

Figgis' The Divine Eight of Kings: (lb., Mch., 1897.)

The Eights and Duties of American Citizenship: (New York,
American Book Co., 1898. 12mo. pp. 336.)

The Eight of the State to be: (International Journal of Ethics,
July, 1899.)

Social Justice: (New York, Macmillan, 1900. 8vo. pp. xii+385.)

Value of Political Philosophy: (Political Science Quarterly,
Mch., 1900.)

The Ethics of the Competitive Process: (American Journal of
Sociology, Sept., 1900.)

Lilly's First Principles of Politics: (Annals of the American
Academy, May, 1900.)

Erown's The New Democracy: (Political Science Quarterly,
June, 1900.)

La Grasserie " L'etat federatif ": (lb., Sept., 1900.)

W00DR0W WILSON. Fellow, 1884; Ph. D., 1886; Associate
and Associate Professor, Bryn Mawr College, 1885-1888;
Professor, Wesleyan University, 1888-1890; Lecturer,
Johns Hopkins University, 1887-1898; Lecturer, New
York Law School; Professor, Princeton University,
1890-.

Cabinet Government in the United States: (International Ee-
view, Aug., 1879.)

156 BlBLIOGKAPHY OF

Committee or Cabinet Government: (Overland Monthly, Jan.,
1884.)

Congressional Government: A Study in American Politics: (Bos-
ton, Houghton, Mifflin & Co., 1885.)

Responsible Government under the Constitution: (Atlantic
Monthly, Apr., 1886.)

The Study of Politics: (New Princeton Review, Mch., 1887.)

The Study of Administration: (Political Science Quarterly,
June, 1887.)

An Old Master (Adam Smith) : (New Princeton Eeview, Sept.,
1888.)

The State: Elements of Historical and Practical Politics: (Bos-
ton: D. C. Heath & Co., 1889. 12mo.)

The State and Federal Governments of the United States: (lb.)

The Character of Democracy in the United States: (Atlantic
Monthly, Nov., 1889.)

Bryce's American Commonwealth: (Political Science Quarterly,
Mch., 1889.)

The English Constitution: (The Chautauquan, Oct., Nov., Dec,
1890; Jan., 1891.)

The Author Himself: (Atlantic Monthly, Sept., 1891.)

Mr. Cleveland's Cabinet: (Review of Reviews, Apr., 1893.)

Mere Literature: (lb., Dec, 1893.)

Goldwin Smith's History of the United States: (The Forum,
Dec, 1893.)

A Calendar of Great Americans: (lb., Feb., 1894.)
University Training and Citizenship: (lb., Sept., 1894.)

Division and Reunion, 1829-1889: (Epochs of American History,
New York, Longmans, 1894. 16mo.)

The Proper Perspective of American History: (The Forum,
July, 1895.)

On the Writing of History: (Century Magazine, Sept., 1895.)

History, Politics and Economics 157

A Literary Politician: (Atlantic Monthly, Nov., 1895.)

George Washington: (New York, Harper, 1S96.)

On an Author's Choice of Company: (Century Magazine, Mch.,
1896.)

Mere Literature and Other Essays: (Boston, Houghton, Mifflin
& Co., 1S96.)

Princeton in the Nation's Service: (The Forum, Dec, 1896.)

Mr. Cleveland as President: (Atlantic Monthly, Mch., 1S97.)

The Making of a Nation: (lb., July, 1897.)

On Being Human: (lb., Sept., 1897.)

A Lawyer with a Style: (lb., Sept., 1898.)

A Wit and a Seer: (lb., Oct., 1898.)

Our Last Frontier: (The Berea Quarterly, May, 1899.)

Spurious vs. Real Patriotism in Education: (New England
Assoc, of Colleges and Preparatory Schools, 1899.)

Colonies and Nation: (Harper's Magazine, Jan.-Dec, 1901.)

The Reconstruction of the Southern States: (Atlantic Monthly,
Jan., 1901.)

When a Man comes to Himself: (Century Magazine, Mch., 1901.)

Democracy and Efficiency: (Atlantic Monthly, Mch., 1901.)

AMBROSE PARE WINSTON. Graduate Student, 1891-
1892; Instructor, University of Illinois; Instructor,
Ohio State University; Instructor, Indianapolis Manual
Training High School.

The Ancient Hebrew Families: (Jewish Exponent, Apr., 15, 1892.)

An Ascent of St. Bernard: (The Literary Northwest, May, 1893.)

The Tariff and the Constitution: (Journal of Political Economy,
Dec, 1886.)

Socialism in the United States: (Contemporary Eeview, Jan.,
1900.)

158 Bibliography of

JAMES ALBERT WOOBBUBN. Fellow, 1889; Ph. D., 1890;
Professor, Indiana State University, 1890-.

The Race Problem in the South: (Indiana Student, Dec., 1885.)

Government by the People: (lb., Nov., 1886.)

The Johns Hopkins University: (lb., Jan. 30, 1887.)

Needed Changes in the School Law of Indiana: (Indiana School
Journal, Feb., 1888.)

International Law. Essay reviewing- the Lectures of the late
Sir Henry Maine on International Law delivered before the
University of Cambridge, 1887: (Christian Union, June 27,
1889.)

The Slave Trade. A Series of Articles on the Recent Slave
Trade of the Mohammedans in Central Africa: (The United
Presbyterian, Jan. and Feb., 1888.)

Chautauqua: The Growth of its Summer School: (Christian
Union, Aug. 21, 1890.)

For the Study of History — The American Association — A Sketch
on the Study of History in America suggested by the Proceed-
ings of the 6th Annual Session of the American Historical
Association, Washington, D. C, Dec, 1889: (Christian Union,
Jan. 9, 1890.)

The Speaker and the Quorum. An Essay on the Notable Decis-
ion of Hon. Thomas B. Eeed, Speaker in the House of Repre-
sentatives, Feb., 1890: (Indiana Student, Mch., 1890.)

History of Higher Education in Indiana: (Bureau of Education,
Circulars of Information, No. 1, 1891.)

States made from Colonies: (The Chautauquan, Dec, 1891.)

States made from Territories: (lb., Feb., 1892.)

The Study of Politics in American Colleges: (American Journal
of Politics, May, 1894.)

The Tariff in Legislation: (The Chautauquan, Apr., 1896.)

The Monroe Doctrine and some of its Applications: (lb., Feb.,
1896.)

New Edition of Alexander Johnston's American Orations, with
Historical Notes. 4 vols.: (New York, Putnam, 1896.)

History, Politics and Economics 159

The Making of the Constitution: A Syllabus for Madison's Jour-
nal: (Chicago, Scott, 1898.)

To what Extent may Undergraduate Students of History be
trained in the Use of the Sources: (Annual Keport of the
American Historical Association for 1897.)

France in the American Revolution: (The Chautauquan, June,
1897.)

Washington's Foreign Policy and the Philippines: (The Inde-
pendent, Oct, 27, 1898.)

Our Plighted Word and the Philippines: (lb., Nov. 17, 1S98.)

Lecky's American Revolution: (New York, Appleton, 1898.
12mo.)

ARTHUR BTJRNHAM WOODFORD. Ph.D., 1891; Instruc-
tor, University of Pennsylvania, 1891-1892; Professor,
School of Social Economics, New York, 1892-1896;
Lecturer, New York University, 1895-1898; Instructor,
Hopkins Grammar School, New Haven, 1897-

Recent Economic Discussion. Review of books and pamphlets
by Denslow, Ely, Ingram, and others: (The Dial, Nov., 1888.)

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V. West Florida and its Relation to the Historical Cartography of the United

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VI-VII. History of Suffrage in Virginia. By J. A. C. CHANDLER. 50 cents.
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JOHNS HOPKINS UNIVERSITY STUDIES

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(Edited 1882-1901 by H. B. ADAMS.)
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STATE BANKING IN THE UNITED STATES
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VI-VII. White Servitude In the Colony of Virginia. By J. C. Ballagh. 50 cents.

VIII. The Genesis of California's First Constitution. By It. D. Hunt. 50 cents.

IX. Benjamin Franklin as an Economist. By W. A. WETZEL. 50 cent*.

X. The Provisional Government of Maryland. By J. A. SILVER. 50ce/it<:.

XI-XII. Government and Religion of the Va. Indians. By S. K. Hendren. 50 cent*.
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I. Constitutional History of Hawaii. By Henry E. Chambers. 25 cents.

II. City Government of Baltimore. By Thaddf.US P. Thomas. 25 cents.

III. Colonial Origins of New England Senates. By F. L. Riley. 50 cents.
IV-V. Servitude In the Colony of North Carolina. By J. S. BASSETT. 50 ce«t8.
VI-VII. Representation in Virginia. By J. A. C. Chandler 50 cents.

VIII. History of Taxation in Connecticut (163G-1776). By F. R. Jones. 60 cents.
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FIFTEENTH SERIES American Economic History.— $3.50.

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VII-IX. Life and Administration of Sir Robert Eden. By B. C. Steiner. $1.00.
X-XI. The Transition of North Carolina from a Colony to a Commonwealth.

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XII. Jared Sparks and Alexis De Tocquevllle. By H. B. ADAMS. 25 cents.
SEVENTEENTH SERIES.— Economic History; Maryland and the South.

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VI. The Labadist Colony in Maryland. By B. B. James. 50 cents.
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VI-VII. History of Suffrage in Virginia. By 3. A. C. CHANDLER. 50 cents.
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X-XI-XII. Federal Government in Canada. By John G. Bourinot. $1.00.

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V-VI. Development of Municipal Unity in the Lombard Communes. By Wil-
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VII- VIII. Public Lands of the Roman Republic. By A. STEPHENSON. % cents.

IX. Constitutional Development of Japan. By T. Iyenaga. 50 cents.

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XI-XII. The Indian Trade in Wisconsin. By P. J. Turner. 50 cents.

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VIII-IX. The Quakers in Pennsylvania. By A. C. Applegarth. 75 cents.
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ELEVENTH SERIES.— Labor, Slavery, and Self-Government — $3.50.

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X-XI-XII. Federal Government In Canada. By John G. Bourinot. $1.00.

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VII-VHI. Public Lands of the Roman Republic. By A. STEPHENSON. 75 cents.

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XI-XII. The Indian Trade in "Wisconsin. By F. J. Turner. 50 cents.

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XII. Causes of the American Revolution. By J. A. WOODBURN. 50 cents.

ELEVENTH SERIES.— Labor, Slavery, and Self-Government — $3.50.

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XI-XII. Causes of the Maryland Revolution of 1689. By F. E. SPARKS. 50 cents.

FIFTEENTH SERIES American Economic History.— $3.50.

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Series XX Extra Number

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. ADAMS.)
J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

HERBERT B. ADAMS

TRIBUTES OF FRIENDS

1
AMERICAN

WITH A L___

BIBLIOGRAPHY-

OF THE

Department of History, Politics and Economics
of the Johns Hopkins University,
. 1876 — 1901

BALTIMORE
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[EXTRA NUMBER] APRIL, 1902

JOHNS HOPKINS UNIVERSITY STUDIES

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(Edited by Herbert B. Adams, 1882-1901.)

FIRST SERIES.— Local Institutions.— $4.00.

I. An Introduction to American Institutional History. By E. A. Freeman. 26 cent*.

II. The Germanic Origin of New England Towns. By H. B. Adams. 60 cents.

III. Local Government In Illinois. By Albert Shaw.— Local Government in
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VII. Old Maryland Manors. By John Hemsley Johnson. 30 cents.

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XII. Local Government and Schools in South Carolina. By B. J. Ramage. 40 cents,

SECOND SERIES.— Institutions and Economics.— $4.00.
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III. The Past and the Present of Political Economy, By R. T. Ely. 35 cents.

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VIII. The Influence of the Proprietors in Founding New Jersey. By AUSTIN
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IX-X. American Constitutions. By Horace Davis. 50 cents.
XI-XII. The City of Washington. By J. A. Porter. 50 cents.

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V. Introduction to Constitutional History of the States. By J. F. JAMESON

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European Schools of History and Politics. By A. D. White. 25 cents.

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VII-VIII-IX. The River Towns of Connecticut. By Charles M. Andreavs. $1.00.

X-XI-XII. Federal Government in Canada. By John G. Bourinot. $1.00.

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Series XX Nos. 1 1-12

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. Adams.)

J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

CONTINENTAL OPINION REGARDING

A PROPOSED MIDDLE EUROPEAN

TARIFF-UNION

GEORGE M. FISK, Ph. D.

Professor of Commerce in the University of Illinois. Albert Shaw Lecturer on
Diplomatic History, 1902, in the Johns Hopkins University

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY

NOVEMBER-DECEMBER, 1902

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science.

(Edited by Herbert B, Adams, 1 882-1 901.)

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II. Tiie Germanic Origin of New England Towns. By H. B. Adams. 50 cents.

III. Local Government in Illinois. By Albert Shaw.— Local Government in
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IV. Saxon Tithingmien in America. By IT. B. Adams. 50 cents.

V. Local Government in Michigan, and the Northwest. By B. W. Bemis. 35 cents.

VI. Parish Institutions of Maryland. By Edward Ingle. 40 cents.

VII. Old Maryland Manors. By John Hemsley Johnson. 30 cents.

VIII. Norman Constables in America. By H. B. Adams. 50 cents.

IX-X. Village Communities of Cape Ann and Salem. By H. B. ADAMS. 50 cents.

XI. The Genesis of a New England State. By A. JOHNSTON. 30 cents.

XII. Local Government and Schools in South Carolina. By B. J. RAMAGE. 40 centt.

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V. Introduction to Constitutional History of the States. By J. P. JAMESON.

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VI. The Puritan Colony at Annapolis, Maryland. By D. R. Randall. 50 cents.
VII- VIII-IX. The Land Question in the United States. By S. SATO. $1.00.*"

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XI-XII. Land System of the Hew England Colonies. By M. Egleston. 50 Cents.
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VII. Effect of the War of 1312 upon the American Union. By NICHOLAS
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SIXTH SERIES — The History of Co-operation in the United States.— $3.50.

SEVENTH SERIES.— Social Science, Education, Government $3.50.

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V-VI. English Culture In Virginia. By William P. Trent. $1.00.

VII- VIII-IX. The River Towns of Connecticut. By Charles M. Andrews. $1.00.

X-XI-XII. Federal Government In Canada. By John G. Bodrinot. $1.00.

EIGHTH SERIES.— History, Politics and Education.— $3.50.
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VII-IX. Progress of the Colored People of Maryland. By J. R. Brackett. $1.00.
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X. A History of Liberia. By J. H. T. McPHERSON. 50 cents.

XI-XII. The Indian Trade in Wisconsin. By F. J. Turner. 50 cents.

TENTH SERIES.— Church and State : Columbus and America.— $3.50.
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V-VI. The Religious Development in the Province of North Carolina. By

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VIII-IX. The Quakers in Pennsylvania. By A. C. Applegarth. 75 ce?it8.
X-XI. Columbus and his Discovery of America. By H. B. Adams and H. WOOD. 50 cents.
XII. Causes of the American Revolution. By J. A. Woodburn. 50 cents.

ELEVENTH SERIES.— Labor, Slavery, and Self-Government — $3.50.

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TWELFTH SERIES.— Institutional and Economic History — $3.50.
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VIII. The Genesis of California's First Constitution. By R. D. Hunt. 50 cents.

IX. Benjamin Franklin as an Economist. By W. A. Wetzel. 50 cents.

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XI-XII. Government and Religion of the Va. Indians, By S. R. Hendren. 50 cents.
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VI- VII. Representation in Virginia. By J. A. C. Chandler. 50 cents.

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FIFTEENTH SERIES American Economic History.— $3.50.

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X-XII. The Struggle for Religious Freedom in Virginia: The Baptists. By

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VI- VII. History of Suffrage in Virginia. By J. A. C. CHANDLER. 50 cents.
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Series XX Nos. 9-10

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. ADAMS.)
J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

THE POLITICAL ACTIVITIES OF
PHILIP FRENEAU

BY
SAMUEL E. FORMAN, Ph. D

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY

SEPTEMBER-OCTOBER, 1902

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science.

(Edited by Herbert B. Adams, 1 882-1 901.)

FIRST SERIES.— Local Institutions.— $4.00.

I. An Introduction to American Institutional History. By E. A. FREEMAN. 25 cents.

II. The Germanic Origin of New England Towns. By H. B. ADAMS. 50 cents.

III. Local Government in Illinois. By Albert Shaw.— Local Government in
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IV. Saxon Titliingmen in America. By H. B. Adams. 50 cents.

V. Local Government in Michigan, and the Northwest. By E. W. Bemis. 35 cents.

VI. Parish Institutions of Maryland. By Edward Ingle. 40 cents.

VII. Old Maryland Manors. By John Hemsley Johnson. 30 cents.

VIII. Norman Constables in America. By H. B. ADAMS. 50 cents.

IX-X. Village Communities of Cape Ann and Salem. By H. B. Adams. 50 cents.

XI. The Genesis of a New England State. By A. JOHNSTON. 30 cents.

XII. Local Government and Schools in South Carolina. By B. J. RAMAGE. 40 cent*

SECOND SERIES.— Institutions and Economics.— $4.00.
I-II. Methods of Historical Study. By H. B. ADAMS. 50 cents.

III. The Past and the Present of Political Economy, By R. T. Ely. 35 cents.

IV. Samuel Adams, The Man of the Town Meeting. By James K. Hosmer. 35 cent*
V-.VI. Taxation in the United States. By Henry Carter Adams. 50 cents.

VII. Institutional Beginnings in a Western State. By JESSE MACY. 25 cents.
VIII-IX. Indian Money in New England, etc. By William B. Weeden. 50 cents.

X. Town and County Government in the Colonies. By E. Channing. 50 cents.

XI. Rudimentary Society among Boys. By J. Hemsley JOHNSON. 50 cents.

XII. Land Laws of Mining Districts. By C. H. Shinn. 50 cents.

THIRD SERIES.— Maryland, Virginia and Washington.— $4.00.
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II-III. Virginia Local Institutions. By E. Ingle. 75 cents.
IV. Recent American Socialism. By Richard T. Ely. 50 cents.
V-VI-VII. Maryland Local Institutions. By Lewis W. Wilhelm. $1.00.

VIII. The Influence of the Proprietors in Founding New Jersey. By AUSTIN
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IX-X. American Constitutions. By Horace Davis. 50 cents.
XI-XII. The City of Washington. By J. A. Porter. 50 cents.

FOURTH SERIES— Municipal Government and Land Tenure.— $3.50.
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II-III. Town Government in Rhode Island. By W. E. Foster.— The Marragansett

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IV. Pennsylvania Boroughs. By William P. Holcomb. 50 cents.

V. Introduction to Constitutional History of the States. By J. F. JAMESON

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VI. The Puritan Colony at Annapolis, Maryland. By D. R. RANDALL. 50 cents.
VII- VIII-IX. The Land Question in the United States. By S. SATO. $1.00.

X. Town and City Gorernment of New Haven. By 0. H. LevermORE. 50 cents.
XI-XII. Land System of the New England Colonies. By M. Egleston. 50 cents.
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IV. City Government of St. Louis. By Marshall S. Snow. 25 cents.
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VII. Effect of the "War of 1812 upon the American Union. By NICHOLAS
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VIII. Notes on the Literature of Charities. By Herbert B. Adams. 25 cents.

IX. Predictions of Hamilton and De Tocqueville. By James Bryce. 25 cents.

X. The Study of History in England and Scotland. By P. Fredericq. 25 cents.

XI. Seminary Libraries and University Extension. By H. B. Adams. 25 cents.

XII. European Schools of History and Politics. By A. D. White. 25 cents.

SIXTH SERIES— The History of Co-operation in the United States.— $3.50.

SEVENTH SERIES.— Social Science, Education, Government $3.50.

I. Arnold Toynbee. By F. C. Montaoue. 50 cent*.

H-III. Municipal Government in San Francisco. By Bernard Moses. 60 centl

IV. The City Government of New Orleans. By W.\i. W. Howe. J.'5 celts.

V-VI. English Culture in Virginia. Hy William P. Trent. $1.00.

VII-VI1I-IX. The Kiver Towns of Connecticut. By Chaules M. Andrews. $1.00.

X-XI-XII. Federal Government in Canada. By John G. BoDRlNOT. $1.00.

EIGHTH SERIES.— History, Politics and Education.— $3.50.
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III. Local Government in Wisconsin. By D. E. SPENCER. 25 cents.

IV. Spanish Colonization in the Southwest. By F. W. Blackmar. 50 cents.
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VII-IX. Progress of the Colored People of Maryland. By J. R. Brackett. $1.00.
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IX. Constitutional Development of Japan. By T. Itenaga. 50 cents.

X. A History of Liberia. By J. H. T. McPherSON. 50 cents.

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XI-XII. The International Beginnings of the Congo Free State. By J. S. REEVES.

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IX. Benjamin Franklin as an Economist. By W. A. Wetzel. 50 cents.

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XI-XII. Government and Religion of the Va. Indians. By S. R. Hendren. 50 cents.
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IV- V. Servitude in the Colony of Worth Carolina. By J. S. BASSETT. 50 cents.
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FIFTEENTH SERIES American Economic History.— $3.50.

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VII- VIII. Economic History of B. & O. R. R. By M. Reizenstein. 50 cents.

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X-XI. State Tax Commissions in the V. S. By J. W. CHAPMAN. 50 cents.
XII. Tendencies in American Economic Thought. By S. SHERWOOD. 25 cents.
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VI- VII. History of Suffrage in Virginia. By J. A. 0. CHANDLER. 50 cents.
VIII-IX. The Maryland Constitution of 1864. By W. S. MYERS. 50 cents.

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Series XX Nos. 7-8

JOHNS HOPKINS UNIVERSITY STUDIES

HISTORICAL AND POLITICAL SCIENCE

(Edited 1882-1901 by H. B. Adams.)

J. M. VINCENT
J. H. HOLLANDER W. W. WILLOUGHBY

Editors

[

The Maryland Constitution of
1851

JAMES WARNER HARRY

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY

JULY-AUGUST, 1902

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science.

(Edited by Herbert B. Adams, 1 882-1 901.)

FIRST SERIES.— Local Institutions.— $4.00.

I. An Introduction to American Institutional History. By B. A. FREEMAN. 25 cents.

II. The Germanic Origin of New England Towns. By H. B. Adams. 50 cents.

III. Local Government in Illinois. By Albert Shaw.— Local Government In
Pennsylvania. By B. R. L. Gould. 30 cents.

IV. Saxon Tithingmen in America. By H. B. Adams. 50 cents.

V. Local Government in Michigan, and the Northwest. By E. W. Bemis. 25 cents.

VI. Parish Institutions of Maryland. By Edward Ingle. 40 cents.

VII. Old Maryland Manors. By John Hemsley Johnson. 30 cents.

VIII. Norman Constables in America. By H. B. Adams. 50 cents.

IX-X. Tillage Communities of Cape Ann and Salem. By H. B, ADAMS. 50 cents.

XI. The Genesis of a New England State. By A. Johnston. 30 cents.

XII. Local Government and Schools in South Carolina. By B. J. RAMAGE. 40 centt

SECOND SERIES.— Institutions and Economics.— $4.00.
I-II. Methods of Historical Study. By H. B. Adams. 50 cents.

III. The Past and the Present of Political Economy. By R. T. Ely. 35 cents.

IV. Samuel Adams, The Man of the Town Meeting, By James K. Hosmer. 35 cent*
V-VI. Taxation in the United States. By Henry Carter Adams. 50 cents.

VII. Institutional Beginnings in a "Western State. By JESSE MACY. 25 cents.
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X. Town and County Government in the Colonies. By B. Channinq. 50 cents.

XI. Rudimentary Society among Boys. By J. Hemsley Johnson. 50 cents.

XII. Land Laws of Mining Districts. By C. H. Shinn. 50 cents.

THIRD SERIES.— Maryland, Virginia and Washington $4.00.

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IV. Recent American Socialism. By Richard T. Ely. 50 cents.

V-VI- VII. Maryland Local Institutions. By Lewis W. Wilhelm. $1.00.

VIII. The Influence of the Proprietors in Founding New Jersey. By AUSTIN
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IX-X. American Constitutions. By Horace Davis. 50 cents.
XI-XII. The City of Washington. By J. A. Porter. 50 cents.

FOURTH SERIES— Municipal Government and Land Tenure.— $3.50.
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II-III. Town Government in Rhode Island. By W. E. POSTER.— The Narragansett

Planters. By Edward Channing. 50 cents,

IV. Pennsylvania Boroughs. By William P. Holcomb. 50 cents.

V. Introduction to Constitutional History of the States. By J. P. Jameson

50 cents.

VI. The Puritan Colony at Annapolis, Maryland. By D. R. Randall. 50 cents.
VII- VIII-IX. The Land Question in the United States. By S. SATO. $1.00.

X. Town and City Government of New Haven. By C. H. Levermore. 50 cents.
XI-XII. Land System of the Sew England Colonies. By M. EGLESTON. 50 cents.
FIFTH SERIES.— Municipal Government, History and Politics.— $3.50.
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III. City Government of Boston. By James M. Bugbee. 25 cents.

IV. City Government of St. Louis. By Marshall S. Snow. 25 cents.
V-VI. Local Government in Canada. By John George Bourinot. 50 cents.

VII. Effect of the War of 1813 upon the American Union. By NICHOLAS
Murray Butler. 25 cents.

VIII. Notes on the Literature of Charities. By Herbert B. Ad AMS. 25 cents.

IX. Predictions of Hamilton and De Tocqueville. By James BryCE. 25 cents.

X. The Study of History in England and Scotland. By P. FredeRICQ. 25 cents.

XI. Seminary Libraries and University Extension. By H. B. Adams. 25 cents.

XII. European Schools of History and Politics. By A. D. White. 25 cents.

SIXTH SERIES — The History of Co-operation in the United StateB.— $3.50.

SEVENTH SERIES.— Social Science; Education, Government $3.50.

I. Arnold Toynbee. By F. C. Montague. 50 cents.

II-III. Municipal Government in San Francisco. By BERNARD MOSES. 50 cents

IV. The City Government of New Orleans. By Wm. W. Howe. 25 cents.

V-VI. English Culture In Virginia. By William P. Trent. $ 1.00.

VII-VIII-IX. The River Towns of Connecticut. By Charles M. Andrews. $1.00.

X-XI-XII. Federal Government in Canada. By JOHN G. BotJRINOT. $1.00.

EIGHTH SERIES.— History, Politics and Education.— $3.50.
I-II. The Beginnings of American Nationality. By A. W. Small. $1.00.

III. Local Government in Wisconsin. By D. B. Spencer. 25 cents.

IV. Spanish Colonization in the Southwest. By F. W. Blackmar. 50 cents.
V-VI. The Study of History in Germany and France. By P. Fredericq. $1.00.
VII-IX. Progress of the Colored People of Maryland. By J. R. Brackett. $1.00.
X. The Study of History in Belgium and Holland. By P. Fredericq. 50 ce?its.
XI-XII. Seminary Notes on Recent Historical Literature. By H. B. ADAMS, J. M.

Vincent, W. B. Scaife, and others. 50 cents.

NINTH SERIES.— Education, History, Politics, Social Science.— $3.50.

I-II. Government and Administration of the United States. By W. W. Wil-
loughby and W. F. Willouqhby. 75 cents.

III-IV. University Education in Maryland. By B. C. Steiner. The Johns Hopkins
University (1876-1891). By D. C. Gilman. 50 cents.

V-VI. Development of Municipal Unity in the Lombard Communes. By WIL-
LIAM K. Williams. 50 cents.

VII-VIII. Public Lands of the Roman Republic. By A. Stephenson. 75 cents.

IX. Constitutional Development of Japan. By T. Iyenaga. 50 cents.

X. A History of Liberia. By J. H. T. McPherson. 50 cents.

XI-XII. The Indian Trade in Wisconsin. By F. J. Turner. 50 cents.

TENTH SERIES. — Church and State : Columbus and America. — $3.50.
I. The Bishop Hill Colony. By Michael A. Mikkelsen. 50 cents.
II-III. Church and State in New England. By Paul E. Lauer. 50 cents.
IV. Chiirch and State in Maryland. By GEORGE Petrie. 50 cents.
V-VI. The Religious Development In the Province of North Carolina. By

Stephen B. Weeks. 50 cents.
VII. Maryland's Attitude In the Struggle for Canada. By J. W. BLACK. 50 cents.
VIII-IX. The Quakers in Pennsylvania. By A. C. Applegarth. 75 cents.
X-XI. Columbus and his Discovery of America. By H. B. Adams and H. Wood. 50 cents.
XII. Causes of the American Revolution. By J. A. Woodburn. 50 cents.

ELEVENTH SERIES.— Labor, Slavery, and Self-Government — $3.50.

I. The Social Condition of Labor. By E. R. L. Gould. 50 cents.

II. The World's Representative Assemblies of To-Day. By E. K. Alden. 50 cents.
III-IV. The Negro in the District of Columbia. By Edward Ingle. $1.00.
V-VI. Church and State in North Carolina. By Stephen B. Weeks. 50 cents.
VII-VIII. The Condition of the Western Farmer as illustrated by the economic

and others. $1.00.

TWELFTH SERIES.— Institutional and Economic History — $3.50.
I-II. The Cincinnati Southern Railway. By J. H. Hollander. $1.00.

III. Constitutional Beginnings of North Carolina. By J. S. BASSETT. 50 cent8.

IV. The Struggle of Protestant Dissenters for Religious Toleration In Virginia,
By H. R. McIlwaine, 50 cents.

V-VI-VII. The Carolina Pirates and Colonial Commerce. By S. C. HuGHSON. $1.00.
VIII-IX. History of Representation and Suffrage In Massachusetts (1620-1691).

By G. H. Haynes. 50 cents.
X. English Institutions and the American Indian. By J. A. JAMES. 25 cents.
XI-XII. The International Beginnings of the Congo Free State. By J. S. Reeves.

50 cents.
THIRTEENTH SERIES— South Carolina, Maryland, Virginia.— $3.50.
I-TI. Government of the Colony of South Carolina. By E. L. Whitney. 75cents.
III-IV. Early Relations of Maryland and Virginia. By J. H. Latane. 50cent8.

V. The Rise of the Bicameral System in America. By T. P. Moran. 50 cent*.
VI- VII. White Servitude in the Colony of Virginia. By J. C. BALLAGH. 50 cents.

VIII. The Genesis of California's First Constitution. By R. D. Hunt. 50 cents.

IX. Benjamin Franklin as an Economist. By W. A. Wetzel. 50 cents.

X. The Provisional Government of Maryland. By J. A. Silver. 50 cents.
XI-XII. Government and Religion of the Va. Indians. By S. R. Hehdeen. 50 cents.
FOURTEENTH SERIES — Baltimore, Slavery, Constitutional History.— $3.50.

I. Constitutional History of Hawaii. By Henry E. Chambers. 25 cents.

II. City Government of Baltimore. By Thaddeus P. Thomas. 25 cents.

VIII. History of Taxation in Connecticut (1636-1776). By P. R. Jones. 50 cents.
IX-X. A Study of Slavery in New Jersey. By Henry S. Cooley. 50 cents.
XI-XII. Causes of the Maryland Revolution of 1689. By P. E. SPARKS. 50 cents.

FIFTEENTH SERIES American Economic History.— $3.50.

I-II. The Tobacco Industry in Virginia since 1860. By B. W. Arnold. 50 cents.
III-V. Street Railway System of Philadelphia. By P. W. Speirs. Cloth, $1.00.

VI. Daniel Raymond. By C. P. Neill. 50 cents.

VII-VIII. Economic History of B. & O. R. R. By M. Reizenstein. 50 cents.

IX. The South American Trade of Baltimore. By F. R. Rutter. 50 cents.
X-XI. State Tax Commissions in the U. S. By J. W. Chapman. 50 cents.
XII. Tendencies in American Economic Thought. By S. SHERWOOD- 25 cents.
SIXTEENTH SERIES. -Anglo American Relations and Southern History .-$3.50.
I-IV. The Neutrality of the American Lakes, etc. By J. M. CALLAHAN. $1.50.

V. West Florida and its Relation to the Historical Cartography of the United

States. By H. E. Chambers. 25 cents.

VI. Anti-Slavery Leaders of North Carolina. By J. S. BASSETT. 50 cents.
VII-IX. Life and Administration of Sir Robert Eden. By B. C Steiner. $1.00.
X-XI. The Transition of North Carolina from a Colony to a Commonwealth.

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XII. Jared Sparks and Alexis De Tocqueville. By H. B. ADAMS. 25 cents.
SEVENTEENTH SERIES.— Economic History; Maryland and the South.

$3-5°-
I-II-III. History of State Banking in Maryland. By A. C. BRYAN. $1.00.
IV-V. The Know-Nothing Party in Maryland. By L. F. Schmeckebier. 75 cents

VI. The Labadist Colony in Maryland. By B. B. JAMES. 50 cents.
VII-VIII. History of Slavery in North Carolina. By J. S. Bassett. 75 cents.
IX- X-XI. Development of the Chesapeake & Ohio Canal. By G.W.Ward. 75 cents.
XII. Public Educational Work in Baltimore. By Hebbeet B. Adams. 25 cents.

EIGHTEENTH SERIES.— Taxation in the Southern States : Church and
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I-IV. Studies in State Taxation, with Particular Reference to the Southern

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X-XII. The Struggle for Religious Freedom in Virginia: The Baptists. By

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NINETEENTH SERIES.— Diplomatic and Constitutional History — $3.50.
I-III. America in the Pacific and the Far East. By J. M. CALLAHAN. 75 cents.
IV-V. State Activities in Relation to Labor in the United States. By W. F. WIL-

lotjghby. 50 cents.
VI- VII. History of Suffrage in Virginia. By J. A. 0. CHANDLER. 50 cents.
VIII-IX. The Maryland Constitution of 1864. By W. S. Myebs. 50 cents.

X. Life of Commissary James Blair, Founder of William and Mary College. By

D. E. Motley. 25 cents.
XI-XII. Gov. Hicks of Maryland and the Civil War. BY G. L. RADCLIFFE. 50 cents.

The Johns Hopkins University Studies in Historical and Political Science appear
monthly. The subscription is three dollars per year. Orders should be addressed to

The Johns Hopkins Peess, Baltimore, Md.

Series XX Nos. 5-6

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science

(Edited 1882-1901 by H. B. Adams.)
J. M. VINCENT

J. H. HOLLANDER W. W. WILLOUGHBY

Editors

AMEJ

TRUST COMPANIES IN THE
UNITED STATES

By GEORGE CATOR

BALTIMORE
THE JOHNS HOPKINS PRESS

PUBLISHED MONTHLY
MAY-JUNE, 1902

JOHNS HOPKINS UNIVERSITY STUDIES

Historical and Political Science.

(Edited by Herbert B. Adams, 1 882-1 901.)

FIRST SERIES.— Local Institutions.— $4.00.

I. An Introduction to American Institutional History. By E. A. Freeman. 25 cents.

II. The Germanic Origin of New England Towns, By H. B. ADAMS. 50 cents.

III. Local Government in Illinois. By Albert Shaw.— Local Government in
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IV. Saxon Tithingmen in America. By H. B. ADAMS. 50 cents.

V. Local Government in Michigan, and the Northwest. By E. W. BEMIS. 35 cents,